Date of Publication

5-30-2020

Document Type

Master's Thesis

Degree Name

Juris Doctor

Subject Categories

Law

College

College of Law

Department/Unit

Law

Thesis Advisor

Christopher Louie Ocampo

Abstract/Summary

This study examines the current approach to contract variations under the Revised Build-Operate-Transfer Law and how the same impacts on the public policy considerations behind the conduct of a competitive bidding process. The researchers then attempt to address the legal dilemma by providing an alternative regulatory regime which aims to protect public policy and balance the interests of all stakeholders. Key informant interviews were conducted given the highly technical requirements of the research and a survey of cases decided by the Supreme Court on the topic was conducted for the formulation of an alternative regulatory approach to contract variations.

Our analysis showed that there is a permissive approach to contract variations under current laws primarily due to lack of clear guidelines on the materiality test necessary to gauge the validity of proposed changes to the original contract. Therefore, the researchers recommend a two-pronged alternative regulatory approach to contract variations. First, it establishes a general presumption of impermissibility which the implementing body can then rebut by pointing to a justification based on considerations collated from cases decided by the Supreme Court. The factors which may be taken into consideration varies and cannot be predetermined because they depend on the particular circumstances of each case.

Abstract Format

html

Language

English

Format

Electronic

Physical Description

76, [77-95] leaves

Keywords

Contracts; Public-private sector cooperation—Law and legislation; Build-operate-transfer (Public contracts)

Upload Full Text

wf_yes

Embargo Period

7-9-2021

Download

Share

COinS