Yannick Beaudoin
Partner
Article
With contributions from Joey Suri, Project and Infrastructure Partner, Gowling WLG
Alliance and IPD will arguably never mirror the step-in and enforcement profile of a fixed-price EPC, and the features that make alliances effective (i.e. shared risk, integrated teams, unanimous governance, "no blame" culture) create specific challenges for lender enforcement. Contributions within integrated teams are difficult to sever; consensus governance may be incompatible with unilateral lender action; enforcement rights may sit uneasily with "no blame" principles; and attribution of default is challenging under shared-risk models. But for each core tension there are structuring responses that can materially narrow the gap. Fixed-price certainty can be achieved by deferring financial close until a firm price is established, as in the Progressive P3. Pooled risk can be buffered through enhanced equity commitments and layered cost overrun facilities. Impaired step-in can be managed by confining lender enforcement to the SPV finance layer, as in the Alliance PPP. The absence of contractual remedies can be offset by government contingent support and bankable operational-phase revenue. No single instrument resolves all four tensions, but a calibrated combination, tailored to project-specific circumstances, can produce a workable result.
As infrastructure investment demands grow in Canada and globally, the value of combining collaborative delivery with private finance will increase. The structures examined here represent practical approaches to that convergence, and their continued development can help address the infrastructure challenges ahead.
NOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.
Gowling WLG is an international law firm comprising the members of Gowling WLG International Limited, an English Company Limited by Guarantee, and their respective affiliates. Each member and affiliate is an autonomous and independent entity. Gowling WLG International Limited promotes, facilitates and co-ordinates the activities of its members but does not itself provide services to clients. Our structure is explained in more detail on our Legal Information page.
© 2026 Gowling WLG All rights reserved.