Fernando, P G; Kulatunga, U; Thayaparan, M and Hadiwattege, C (2025) Reforming legal and regulatory structure of public–private partnerships in Sri Lanka. Built Environment Project and Asset Management, 15(2), pp. 211-227. ISSN 2044-124X
Abstract
Purpose: This paper aims to investigate the current practices and deficiencies in the legal and regulatory structure of public–private partnerships (PPPs) in Sri Lanka and explore recommended practices by international model laws and guidelines addressing such deficiencies. Design/methodology/approach: Firstly, a desk study review was conducted to explore the current practices of PPP in Sri Lanka. Secondly, nine expert interviews were conducted to comprehend further current PPP practices and identify the deficiencies of legal and regulatory structure of PPP in Sri Lanka, and content analysis was used to analyse the interviews findings. Finally, international model laws and guidelines were reviewed to explore recommended best practices. Findings: The research explored non-existence of a national PPP policy, lack of clarity of executing a project's preliminary affordability, and lack of guidance on risk assessment and feasibility studies as current major deficiencies of PPP legal and regulatory structure in Sri Lanka. Further, findings showed that setting-up two project governance structures, a steering committee and a project team, and develop clear guidelines and standard forms can be adapted to strengthen the PPP legal and regulatory structure. Research limitations/implications: The findings of this study may be useful to policy makers in tracing essential reforms to PPP legal and regulatory structure. This study is limited to legal and regulatory structure of first three phases of the PPP project life cycle: project identification, project preparation and project procurement. Originality/value: This paper establishes a novel framework to visualise the current practices and deficiencies in the PPP legal and regulatory framework in Sri Lanka, and the way of incorporating recommended practices by international model laws and guidelines for its future reformations.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | deficiencies; legal and regulatory structure; PPPs; project life cycle; Sri Lanka |
| Index terms: | life cycle, partnership, governance, project team, Sri Lanka, best practice, risk assessment, content analysis, feasibility study, interview, project procurement, affordability, methodology |
| Subjects: | partnership management, value management, data collection methods, business, data analysis and analytics, project delivery, design stages, Geography, financial risk, research methods, contractual arrangements, economic analysis |
| Topics: | Design Practice, Stakeholder Management, Governance, Business Strategy, Cost Management, Research Practice, Procurement, Geographical Context, Project Management |
| Descriptive scope: | 5 PCTEA |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here