Investing in Infrastructure

International Best Legal Practice in Project and Construction Agreements

The increasing role of superannuation funds in infrastructure investment has been well documented.

Governments are encouraging further involvement in infrastructure investment from superannuation funds, primarily to assist in closing Australia’s infrastructure gap, which is currently growing at an estimated rate of $20 billion per year.

However, investment activity has been impacted by the perceived risks in greenfield infrastructure investment. The identification, allocation and management of risks are matters that superannuation funds must address if they are to participate successfully in infrastructure investment during the implementation and delivery phases of greenfield projects.

This Best Practice Guide aims to provide some guidance to superannuation funds in identifying, allocating and managing those risks, from both a legal and commercial perspective.

This Best Practice Guide is also a useful tool for experienced infrastructure funds, governments, developers and lenders investing in infrastructure.

It contains detailed position papers on greenfield risks relating to time, cost and, in our view, the critical risk in any project – underperformance. It also contains corresponding papers on liability issues. All of these will enable you to better understand the risk exposures when investing in greenfield infrastructure projects and evaluating latent risk in brownfield infrastructure projects.





The size of superannuation funds is projected to reach $5 trillion by 2030, and the need for new and diversified investment will only increase.


Browse through individual chapters

Investing In Infrastructure

Position paper on liability

Exclusive remedies, liquidated damages and other construction law principles

Position paper on performance liquidated damages - Power projects

Position paper on contracting delivery models

EPC Contracts in the oil & gas sector

EPC Contracts in the power sector

EPC Contracts in the process plant sector

EPCM Contracts

EPCM Contracts in the
public sector

Splitting an EPC Contract

Preparing Employer's Requirements for a Construction Project

Construction, operation, regulatory & bankability issues for utility scale renewable energy projects

The elephant in the room dispute resolution processes for RE IPP programme introduction

Liquidated damages - Delay & performance

Offtake & construction interface issues in infrastructure projects

Operating & maintenance agreements - Key issue

Performance testing regime

Monetising utility solutions at master planned community projects

Comparative analysis of key project issues in Australian PPPs

Comparative analysis of key issues in D&C contracts in recent social infrastructure PPPs

Comparative analysis of key issues in Australian Transport Sector PPPs


Boilerplate clauses

Concurrent delay

Defects liability period - an introduction

Email & contractual notices

Export credit financing

Force majeure clauses

Force majeure clauses - revisited

Legal risk in the tender process

Letters of intent

Liquidated & unliquidated damages

Material adverse change clauses

Memorandum of understanding

Performance bonds & bank guarantees

Prevention & the enforceability of exclusive remedy clauses

Proportionate liability

'Reasonableness' & witholding consent to an assignment of contractual rights

Security of payment

Sponsor checklist

Unilateral discretion in construction contracts

What is gross negligence?

Schedules - Variances in definitions

Reimagining Public Private Partnerships

Collaborative contracting

Contact us

Damian McNair
Partner, PwC Australia
Tel: +61 3 8603 1964

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