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The Renegotiation of PPP Contracts: An Overview of its Recent Evolution in Latin America

Author

Listed:
  • José Luis Guasch

    (The World Bank)

  • Daniel Benitez

    (The World Bank)

  • Irene Portabales

    (The World Bank)

  • Lincoln Flor

    (The World Bank)

Abstract

This paper analyses the experience, high incidence, lesson learned and reflections on the issue renegotiations in Latin America, based in the evolution of PPP contracts through the last 25 years. The paper also shows how countries via new PPP laws, regulations, norms and specific platforms can reduce the incidence and the incentives to renegotiate contracts. Based in experience in the last two decades, many countries in the region have improved renegotiation practices and regulations/framework through their PPP legislation and associated regulations, such as Peru (2008), Chile (2010), Colombia (2011) or Mexico (2012.) The preliminary findings show advances in the implementation of platforms to address renegotiations and new trends in the renegotiations of contracts particularly in complex projects and where governments are providing financial or credit enhancement, such as sharing risk or co-financing.

Suggested Citation

  • José Luis Guasch & Daniel Benitez & Irene Portabales & Lincoln Flor, 2014. "The Renegotiation of PPP Contracts: An Overview of its Recent Evolution in Latin America," International Transport Forum Discussion Papers 2014/18, OECD Publishing.
    • Handle: RePEc:oec:itfaab:2014/18-en
    DOI: 10.1787/5jrw2xxlks8v-en
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    Cited by:

    1. Schüle, Ulrich & Liening-Ewert, F. & Schäffer, D., 2018. "Opening Argentina to public-private partnerships: Opportunities and risks for government entities and private investors," UASM Discussion Paper Series 8/2018, University of Applied Sciences Mainz.
    2. Alireza Sharafi & Ata Allah Taleizadeh & Mohsen Sadegh Amalnick, 2018. "Fair Allocation in Financial Disputes Between Public–Private Partnership Stakeholders Using Game Theory," Service Science, INFORMS, vol. 10(1), pages 1-11, March.
    3. Shi, Shasha & An, Qingxian & Chen, Ke, 2020. "Optimal choice of capacity, toll, and subsidy for build-operate-transfer roads with a paid minimum traffic guarantee," Transportation Research Part A: Policy and Practice, Elsevier, vol. 139(C), pages 228-254.
    4. Ahmadabadi, Ali Akbari & Heravi, Gholamreza, 2019. "The effect of critical success factors on project success in Public-Private Partnership projects: A case study of highway projects in Iran," Transport Policy, Elsevier, vol. 73(C), pages 152-161.
    5. Domingues, Sérgio & Sarmento, Joaquim Miranda, 2016. "Critical renegotiation triggers of European transport concessions," Transport Policy, Elsevier, vol. 48(C), pages 82-91.
    6. Binchao Deng & Dongjie Zhou & Jiachen Zhao & Yilin Yin & Xiaoyu Li, 2021. "Fuzzy Synthetic Evaluation of the Critical Success Factors for the Sustainability of Public Private Partnership Projects in China," Sustainability, MDPI, vol. 13(5), pages 1-23, February.
    7. Suchi Malhotra & Howard White & Nina de la Cruz & Ashrita Saran & John Eyers & Denny John & Ella Beveridge & Nina Blöndal, 2021. "PROTOCOL: Evidence and gap map: studies of the effectiveness of transport sector interventions in low‐ and middle‐income countries," Campbell Systematic Reviews, John Wiley & Sons, vol. 17(1), March.
    8. Antonio Estache, 2016. "Institutions for Infrastructure in Developing Countries: What We Know and the Lot We still Need to Know," Working Papers ECARES ECARES 2016-27, ULB -- Universite Libre de Bruxelles.
    9. Ricardo Ferreira Reis & Joaquim Miranda Sarmento, 2019. "“Cutting costs to the bone”: the Portuguese experience in renegotiating public private partnerships highways during the financial crisis," Transportation, Springer, vol. 46(1), pages 285-302, February.
    10. Suchi Kapoor Malhotra & Howard White & Nina Ashley O. Dela Cruz & Ashrita Saran & John Eyers & Denny John & Ella Beveridge & Nina Blöndal, 2021. "Studies of the effectiveness of transport sector interventions in low‐ and middle‐income countries: An evidence and gap map," Campbell Systematic Reviews, John Wiley & Sons, vol. 17(4), December.
    11. Carlos Oliveira Cruz & Joaquim Miranda Sarmento, 2017. "Reforming traditional PPP models to cope with the challenges of smart cities," Competition and Regulation in Network Industries, , vol. 18(1-2), pages 94-114, March.
    12. Lima, Sónia & Brochado, Ana & Marques, Rui Cunha, 2021. "Public-private partnerships in the water sector: A review," Utilities Policy, Elsevier, vol. 69(C).
    13. Ulrich Schüle & Franz Liening-Ewert & Daniel Schäffer & Edith Zeppenfeld, 2019. "Opening Argentina to Public-Private Partnerships: Opportunities and Risks for Government Entities and Private Investors," Athens Journal of Business & Economics, Athens Institute for Education and Research (ATINER), vol. 5(3), pages 185-206, July.

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    Keywords

    contracts; Latin America;

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