“Litigation Risks in Public-Private Partnerships,” Construction Executive Risk Management

In an article published in Construction Executive Risk Management on July 25, 2017, Bloom Sugarman partner Steve Parham discusses the litigation risks that can arise when a public-private partnership, or P3, is formed. “A well-drafted P3 contract should have a dispute resolution clause providing for some type of mandatory notification of the alleged default(s), an opportunity to cure the same and, perhaps, even a mandatory alternative dispute resolution procedure to be used before a lawsuit may be filed,” Parham explains. He says that the biggest risks private companies face in P3 arrangements are litigation filed by the public partner and litigation filed by other interested parties. Finally, Parham discusses the benefits of forming a P3 early on, writing, “Should a lawsuit be filed, prior planning and documentation will limit its impact and cost, enabling private companies to take greater advantage of the potential benefits of the P3 arrangement.” For the full article, you may click here.