The novel coronavirus (COVID-19) pandemic is placing unprecedented stress on public-private partnerships (PPPs), creating the real possibility of widespread project failures. The disruption and potential collapse of multiple PPP projects will likely trigger force majeure contractual provisions, but the applicability and efficacy of these generic catch-all clauses remain in question. This critical note therefore discusses the implications of force majeure contractual conditions on PPPs in the COVID-19 epoch. We first define the concept of force majeure as it pertains to pandemics. Next, we review a select number of international policies for such events, outlining their key features and glaring shortcomings. Then, we use Novia Scotia's Highway 104 Twinning Project as an illustrative case example of improved force majeure risk management. Finally, after reflecting on the three ironies of construction crisis management, we outline the need for swift trust in PPPs during this current pandemic and conclude by calling for a comprehensive revision of force majeure contract provisions.
Globally, public-private partnerships (PPPs) have increased in popularity as an alternative procurement model for infrastructure development projects. While PPPs have been widely researched and remain subject to extensive debate, the process of PPP institutionalization has been largely overlooked. To address this knowledge gap, we utilize a combination of both Johnson et al.’s (2006) four phases of institutionalization—innovation, local validation, diffusion, and general validation—and Mrak’s (2014) three models of PPP institutionalization—centralized, decentralized, and mixed—to examine the current state of the U.S. PPP market. Using data on 368 U.S. PPP projects from Inframation’s global transactions database, our case analysis indicates America’s PPP institutionalization process is strongly decentralized and currently in a state of diffusion. Our analysis also suggests general validation of PPPs in the U.S. will likely be predicated on shifting to a mixed PPP institutionalization model.
The coronavirus (COVID-19) pandemic has overwhelmed many national healthcare systems around the world. In attempts to meet their emergency needs and mitigate escalating challenges, governments are increasingly reaching out to the private sector to form sustainable, public-private partnerships (PPPs). Unfortunately, many of these ad hoc efforts have been reactive and uncoordinated to date. This perspective article thus offers a proactive, collaborative, and strategic vision for healthcare PPPs, focusing on short-, medium-, and long-term proposals that will harmonize strategic objectives and mobilize both public and private resources to combat and build resilience against global pandemics like COVID-19.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.