THe more cynical amongst us may think that the growing frequency of unavailability deductions on PPP/PFI projects is a sure sign that authorities are going the extra mile to claw back the (not insignificant) cost of these projects. However, in the eagerness to recoup some costs, authorities can (and often do) ignore the contractual provisions that must be satisfied before establishing any entitlement to levy unavailability deductions. Authorities do so at their own peril and we are seeing an increasing number of parties that are prepared to take authorities to task on the arbitrary application of unavailability deductions.
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