Public Private Partnership Construction Project Disputes in Nigeria

Abstract

This research examines the possibility of operating a smooth Public Private Partnership (PPP) project for the entire concession period following financial closure, without recourse to litigation or arbitration for settlement of disputes by studying the causes and effects of disputes in construction projects procured in Nigeria using the PPP contracting route. The research design was by descriptive survey. Research instruments included both structured telephone and online interview methods conducted to measure the opinion of stakeholders in the Nigeria PPP market on the causes and effects of dispute in PPP operations. The findings of the study revealed a low adoption of PPP contracting route and a lack of synergy on the different ways the private sector participates in infrastructural development in Nigeria, thus, indicative of vulnerability to disputes especially in long term project partnership. The study concludes that the current mode of operation of PPP in Nigeria involves a multiplicity of financial arrangements between the private sector and the public sector with attendant risks of disputes. The study recommends an increased adoption of PPP contracting route, and a modification of a number of Nigeria PPP practices in line with global best practices.