In this week’s episode, Riccardo switches chairs and guest host, Jim Barnard, asks all the questions. Riccardo shares insights from his Oxford Saïd Business School dissertation on the use of collaborative contracting into major programmes, specifically PPP structures. Riccardo and Jim delve into the complications and complexities of risk management, adversarial situations, stakeholders and shareholders and private financing.
“When you have collaborative contracting, you almost waive your legal rights or your rights to pursue legal remedies. And so, all of the parties are around the table. There are many advantages of collaborative contracting, but the simplest one is, instead of hiring lawyers to sort out disputes, you’re redeploying those resources to actually solving project problems.”
Key Takeaways:
- The price of winning contracts in the PPP market and how the public sector entity comes into play
- Why collaborative contracting provides better odds for finishing on time and on budget, but equity has to take more risk
- PPP and politics, how do we navigate it?
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The conversation doesn’t stop here—connect and converse with our community:
- Riccardo Cosentino on LinkedIn
- Jim Bernard on LinkedIn
Transcript:
Riccardo Cosentino 00:05
You're listening to navigate the major problems, the podcast that aims to elevate the conversations
happening in the infrastructure industry and inspire you to have a more efficient approach within it. I'm
your host, Riccardo Cosentino brings over 20 years of major product management experience. Most
recently, I graduated from Oxford University Said business school, which shook my belief when it
comes to navigating major problems. Now, it's time to shake yours. Join me in each episode, as I press
the industry experts about the complexity of major program management, emerging digital trends and
the critical leadership required to approach these multibillion-dollar projects. Let's see what the
conversation takes us. Hello, and welcome to a new episode of navigating major programs. Today
we're going to be doing things a little bit differently. My friend, and one point guest of the show as
agreed kindly to be hosting this podcast. And we'll do a role reversal where I'm going to be doing the
presenting and Jim Barnard is going to co-host the show. And today we're going to talk about a topic
that is very close to my heart, which is the use of collaborative contracting into major programs,
especially into PPP structures. I've done a full dissertation at Oxford as part of my master, major
program management, and I decided that it'd be good to walk you through my findings and my
conclusion. Anyway, let me introduce the host for today. Jim Bernard. How you doing? Jim?
Jim 02:00
I'm great. Riccardo, thanks for having me. Big fan of the podcast, obviously had the chance to be on a
previously so very much appreciate the opportunity to be host this time.
Riccardo Cosentino 02:11
So today, as I said, I'll be a be doing the talking. And you'll be doing the asking. Maybe I can start? I'll
jump right into it unless you have a specific question for me. And maybe I can give a bit of a bit of an
overview of my research thesis and some of my findings and some of my conclusions.
Jim 02:34
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Yes, summary will be great, a perfect place to start. But some of our folks listening may not be
completely familiar with even the concept of collaboration. And I know having read your dissertation
that you get into some fairly technical and detailed topics relative to finance and how structures are set
up and that type of thing. So for those of us either less familiar or kind of new to the topic, if you don't
mind, let's start as basic as possible.
Riccardo Cosentino 03:03
Okay, well, let's start with, let's start with what prompted me to research this specific topic, the probably
a good place to start here. I you know, I'm a professional the work in public private partnership over the
last 20 years. So again, a lot of knowledge about the topic, I have structured and finance many
transactions that use non recourse financing. And a couple of years ago, my company decided to exit
the what we call the lump sum turnkey business, which is the type of contracting where a private sector
entity commits to deliver a project on time and on budget and every any cost overruns. And at any cost,
and any time overruns are absorbed by the entity that has committed to deliver the project. So my
company has been losing a lot of money with the stock form a contract. So in 2018, we decided to
exited. However, this type of contract is the cornerstone of non recourse financing, recourse financing
is financing that doesn't, doesn't lean on the asset of the parent company, but the only leans on the
asset of the other special purpose vehicle that is delivering the project,
Jim 04:26
basically. Project.
Riccardo Cosentino 04:29
Yes. Right. So it's basically the future revenues, that that's the only recourse available to lenders debt
and equity lenders is access to, to project revenues rather than corporate revenue associated with the
entity that is delivered project.
Jim 04:49
Right.
Riccardo Cosentino 04:50
And because my company exited this business lumpsum turnkey, indirectly we also exited the
construction portion of public private partnerships were where entities or companies, contractors are
hired to deliver the project under the structure. However, we still wanted to stay involved in contracting.
So what we started researching is different types of contracts and collaborative contracting, came up
alliances IPD all forms of contract that they include a large component of collaboration. In this type of
contracts, the risk is not transferred to the product to the contracting entity is the risk of on time
completion and on budget completion stays within the project sponsor. There is a Pain Gain sharing
mechanism, where the contracting entity, the contractor that is delivering the project puts their fee risk,
but they're not taking on the cost of around burden that is typical of lump sum turnkey. So once we
started researching this, the question that I was asked many, many times, being the expert in public
private partnership is can we convince clients and lenders to use collaborative contracting within the
non recourse PPP structure? And intuitively, I didn't think it was possible, I did some preliminary
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research as part of my job. But I couldn't really find conclusive answers of why collaboratively
contracting could or could not be used within a PPP structure,
Jim 06:45
where I take a step back down, how did you do your preliminary research was at a qualitative research,
quantitative research and kind of benefits of both detriments of both How did you choose what method
did you use and how did you choose it.
Riccardo Cosentino 06:58
So during what while I was still working, so before I use an academic method, ...