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Paper eres2006_226:
PREVENTIVE LAW AND RISK MANAGEMENT IN FINNISH PPP PROJECTS

id eres2006_226
authors Junnonen, Juha-Matti; Antti Tieva
year 2006
title PREVENTIVE LAW AND RISK MANAGEMENT IN FINNISH PPP PROJECTS
source Book of Abstracts: 13th Annual European Real Estate Society Conference in Weimar, Germany
summary Public-private-partnerships projects (later on PPPīs) are long term, complexed and very challenging contractual arrangements and relationships. They bring new roles for public sector and also for private sector in terms of construction and services. In Finland PPPīs are used for example in building large motorway projects, schools and sport and swimming halls. This paper will go through the major features of the Finnish PPPīs. Preventive law focuses in practical views what comes to contract law and contractual issues. It emphasis contract preparation and negotiations as tools to recognize and allocate futureīs risks and different kind of other special contract issues and questions. Main target is to prevent problems instead of confronting them. Preventive law means also company-specific working methods in contract/project preparation phase. For example engineers, economists and lawyers have to find a common language so they can find out critical questions and issues during the preparation of a contract. Only this way futureīs contractual risks and problems can be avoided. This means also that companies have to invest to contract processes. This paper will clarify what preventive law is about in terms of contract law and contracting especially in PPP’s. For example 20-40 years partnership relation with PPPīs brings up also dozens of different risks into the picture. These risks are handled mainly during contract negotiations. During the negotiations parties allocate risks and also determine the tools for risk management. Risks can be seen in a preventive way and also as a tool for contractual planning. While risks are in a major role what comes to PPPīs, also risk management is important. Every PPP project form an unique starting point what comes to risk management and planning it. This paper will discuss risks and risk management first in general level and after that focusing on PPPīs in Finland.
keywords preventive law; risk management; public-private partnership
series ERES:conference
type normal paper
discussion No discussions. Post discussion ...
ratings
session 5-A
last changed 2008/11/01 09:47
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