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PPP IN INFRASTRUCTURE RESOURCE CENTER FOR CONTRACTS, LAWS AND REGULATION (PPPIRC) website.
It is a sample document FOR REFERENCE PURPOSES ONLY and SHOULD NOT BE used as a "model". The inclusion of any
legal materials on the PPPIRC website does not mean that they are in any way approved, endorsed or recommended by the
World Bank Group or its affiliates. Legal advice should be sought to determine whether a particular legal document is appropriate
for any given project, and how the specific terms of the document should be adapted to fit the circumstances of that project.
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www.worldbank.org/pppirc
works)?
What is the effect of any final certificate issued at the end of the defects liability period?
Does the contractor try to exclude his liability in any way for any defects arising after the
etc.);
(c) change of law (the contractor should possibly be obliged to take into account any
laws which are known to be coming into effect or which are notified to the contractor
before the entry into the contract)?
5) Are all the risks which are allocated to the employer reasonable? See suggested list
set out in Schedule 2.
6) Does the contract deal with situations, where although the matter in question is prima
facie an employers risk, the contractor is wholly or partly at fault?
G. Force Majeure
1) How widely is force majeure defined? (Consider excluding events reasonably
foreseeable by an experienced contractor.)
2) If a force majeure event arises, is the contractor entitled to any monetary claim or
only to extensions of time?
3) Do the periods of prolonged force majeure need to be continuous periods or are
cumulative periods occurring within a fixed time period also taken into account?
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Laws and Regulations
www.worldbank.org/pppirc
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Laws and Regulations
www.worldbank.org/pppirc
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Laws and Regulations
www.worldbank.org/pppirc
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Laws and Regulations
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viii.
excluded?
4) If the contract specifies a multi-tier system of dispute resolution, including
adjudication, expect determination and ADR, is it clear which sorts of disputes
are to be decided by which tier of jurisdiction and at what stage and in what
order?
5) Can the judgment/arbitration awards be enforced against assets of the other
party?
i.e., does the Brussels Convention apply or is there a reciprocal enforcement of
judgments treaty; or is the country where the assets are a signatory to the New
York Convention of 1958 on the recognition and enforcement of foreign arbitral
awards - if arbitration is the chosen form of dispute resolution?
O. Miscellaneous
1) Is the contractor required to ensure that key personnel of the contractor remain available
2)
3)
4)
5)
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Laws and Regulations
www.worldbank.org/pppirc
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PPP in Infrastructure Resource Center for Contracts,
Laws and Regulations
www.worldbank.org/pppirc
for the risk of these events to be taken into account in the contract price.
Any re inspection or re testing required by the employer where the work examined was in
accordance with the contract terms and there were no other defects elsewhere in the work which
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PPP in Infrastructure Resource Center for Contracts,
Laws and Regulations
www.worldbank.org/pppirc