Concessions and public-private partnerships - Subcontracting and the "tradition" of entering into direct agreements between grantor, concessionaire and subcontracted entities

Abstract

In this article I address the topic of the so-called "Direct Agreements", which are traditionally part of the contractual acquis of public-private partnerships that adopt the contractual type of concession, using project financing.

I argue that these agreements must understood in the broader context of public-private partnerships using project financing and that, in this context, the supposed uniqueness of these agreements should be demystified, stressing its importance as an instrument for the protection of the contract and the pursuit of the public interest.