What happened at the 74th Version of the Unsignable PPP Contract


(Based on several painfully true stories)

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We were days away from financial close.
Everyone was exhausted.

The lawyers had been billing by the comma.
And the contract?

It had already gone through more drafts than the Magna Carta.

The procuring agency was proud.

Very proud.

Such a good job.

Such a good transferal of risks…

They said, “We’ve created the most comprehensive PPP agreement in history.”

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I replied, “Congratulations. It’s also completely unbankable.”

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They laughed.

I didn’t.

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Let’s rewind.

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We had a 1,500-page contract (plus annexes) filled with beautiful clauses like:

“The Private Partner shall use all reasonable endeavours to prevent acts of God.”

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Because, you know, when there's a flood, just negotiate with the storm clouds.

Then there was the KPI section —
A glorious spreadsheet with 327 indicators, each more ambiguous than the last.

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One read:

“Maintain user satisfaction at a level that reflects the public interest.”

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When I asked for clarification, the response was:
“You’ll know it when you see it.”

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So basically, vibes-based deductions.

Nice.

Very nice.

Our lenders were preparing the champaign.

The cherry on top?
The agency wanted us to sign before land acquisition was complete.

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We asked, “What if you don’t get the land?”

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They said, “We will. Trust us.”

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We said, “We don’t.”

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A boss making fun whisper to my ear: “Trust, but verify”.

Did you get protection under the contract? Version 61 had... some.

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Meanwhile, the financiers were twitching.

Their risk teams hadn’t slept in days.

One bank even called it "the most elegant suicide note they’d ever seen."

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By draft 74 (yes, we counted), we had added, deleted, and re-added the same clause five times.

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Eventually, someone found version 38 and said,

“Actually, this one was the best.”

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That was the moment I briefly considered a career in pig farming.

You probably know that I come from the region that makes the best ham in the world… although at the time, I was vegan.

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In the end, the contract got signed.

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Mostly because everyone was too tired to resist.

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We all smiled for the photo.

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And silently prayed no one would ever read the fine print.

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I passed all the info to the delivery team.

As the agency did.

As the lenders did.

As equity partners did.

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Some careers changes, after bonuses. Change cell. Change countries…

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Just in case…

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Moral of the story?​
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A PPP contract isn’t a novel.
It’s not supposed to win awards for length or creativity.
It just needs to be bankable, deliverable, and slightly less insane than the weather.

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Do you want to have the detail of some horror stories.

You can click in the link below.

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$49.90

The 15 Top Lessons of a PPP Project Nightmare

Learn about:
The number 1 killer of Projects
Why this was not going to be just "another construction project, mate"... Read more

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Vicente Valencia

I talk about Personal Growth, Management, Infrastructure and More | C-Suite Executive | Mentor, Coach, Strategic Consultant | Real Estate Investor | 👇JOIN +2k readers 👇

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