Build Operate Transfer (BOT) contracts [Archived]

Produced in partnership with Victoria McGie
Practice notes

Build Operate Transfer (BOT) contracts [Archived]

Produced in partnership with Victoria McGie

Practice notes
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ARCHIVED: This Practice Note has been archived and is not maintained.

The Public Private partnership (ppp) models are a popular way for governments to involve private investment, expertise and risk in procuring infrastructure, with the potential to deliver a project more efficiently and economically. One of the most popular PPP models for procuring infrastructure projects is Build Operate Transfer (BOT). The details of a BOT model vary depending upon the nature of the project. Generally speaking, a BOT involves the following:

  1. •

    a government (in the form of a government body or local authority) requires new public infrastructure facility, such as a road or energy facility

  2. •

    typically a consortium of private entities (often including financers, construction contractors and O&M contractors) forms a special purpose entity (often called Project Co)

  3. •

    Project Co and the government enter into a concession agreement, which sets out the terms upon which it will procure and operate the facility and be entitled to revenues

  4. •

    Project Co:

    1. â—¦

      obtains finance for the project

    2. â—¦

      procures the design and construction

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Jurisdiction(s):
United Kingdom
Key definition:
Partnership definition
What does Partnership mean?

A partnership (as defined) formed under the Partnership Act 1890 (PA 1890) and governed by English law is the 'relation that subsists between two or more persons carrying on business in common with a view of profit' and is also referred to as a ‘firm’.

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