Benchmarking parties’ obligations in the execution of concession-based PPP projects in Nigeria

Abstract

Purpose Demand–supply matrices with adverse consequences has occasioned government response to concession initiatives in infrastructure in Nigeria. However, concession-based projects have been trailed by administrative and legal controversies. While this scenario has negatively impacted the acceptability of a concession contract, there is, nevertheless, a paucity of research effort aimed at developing a sustainable framework. The purpose of this paper is to develop a conceptual framework for the evaluation and allocation of obligations of parties, thereby enhancing the synergy and cooperation between the public and private sector organization. Design/methodology/approach Data were obtained through a questionnaire administered to professionals in concession-based contracts in southwestern Nigeria, which included architects, estate surveyors, quantity surveyors, engineers and builders, accountants/bankers/economists and lawyers. The respondents were selected using random and respondent driven sampling approaches. The questions were structured to ensure that the respondents have appropriate experience in concession-based projects and hold appropriate positions as decision-makers so as to give credence to the collected data. Findings The study identified 47 contractual obligations in the specific context of developing countries. Based on “half-adjusting principle”, 13 of the obligations notably cost of land acquisition and cost of social disturbances were allocated to the public party; 18 of the obligations notably project design and cost of feasibility study were allocated to the private party; and 16 of the obligations including preparation of terms of a contract and relocation of third party facilities were shared by the parties. Originality/value The framework benchmarked the categorization of public and private parties’ obligations in concession-based public–private partnership (PPP) contracts. The study has the implication for the evaluation and allocation of obligations of parties, which could mitigate the risk of failure of PPP projects in relation to the specific context of developing countries.