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You’ve probably heard about a space ship hitting badly Venus or Mars, I don’t remember, because of miscalculations, right? Well, that’s everywhere. When you do your taxes, when you calculate your retirement or when you receive an inheritance. All are miscalculation errors. In construction, there are everywhere. In 1970, during the construction of the Kadena Air Base Bridge in Okinawa, Japan, engineers made a slight miscalculation. As usual… Two teams started building from opposite sides of the river, expecting to meet perfectly in the middle. But when they finally got close... one side was 2 meters higher than the other! I mean… not 1 cm, not 2 cm, not 10 cm… just 2 meters. The error? One team had used metric measurements, while the other worked in imperial units. If you think that this is impossible today, you’re absolutely wrong. If you don’t believe me, check this list of lessons learnt from my last project. ​
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Imagine that you write your monthly report. Yes, you’re part of a consortium in a PPP project. You write your report. And you send it to the agency, the government, or whatever. It’s subject to the famous review procedures. The agency sends back comments. They disagree with some of your statements. And you disagree with those statements. What to do? Remember, next month, again the j*dido report de mi€rda. You can be dragged to an endless set of discussions about every single monthly report....
A terrible clause about Force Majeure. A lawyers’ money-making machine with the definition of “Substantial regulatory changes” A few days ago, I had the opportunity to discuss common flaws to PPP contracts. Lawyers can be really good drafting millions of pages. They have no idea how real people deal with those pages in a day to day basis. That was the conversation I had with a student of the mentorship. 5 clauses. 5 headaches. Easily avoidable. The clauses, the potential solutions, together...
Despite being on a Saturday, I received a few emails asking about yesterday contract! Look… I have plenty of examples. Yesterday, it was a PPP in the Philippines… but I’ve been working on a few others PPP project. A fantastic example with nice clauses that are less bankable than a PPP for a data center in North Korea. Kenya. A known highway. The Review Procedure. “Disagreements will be discussed” Literally. Good luck with getting a solution. Discussing can be the more frustrating of...