Interplay between contract and public law: implications for major construction contracts and transparency.

Mante, Joseph; Ndekugri, Issaka

Abstract

The relationship between infrastructure project owners and their contractors is generally governed by contract law. However, where the project owner is a State, there are often additional requirements from public law to be complied with. The challenges posed by the interplay between public law and private contractual relationships in such context have been highlighted by litigation concerning the effect of a constitutional requirement that any international business and economic transaction to which the Government of Ghana (GoG) is a party is not to become operational without parliamentary approval. Through analysis of five decisions of the Supreme Court of Ghana on the interpretation of this constitutional provision, this piece highlights the devastating consequences that inattention to public law could have on parties who contract with the GoG and its agencies. It also examines the extent to which the judicial interpretation of the constitutional requirement really furthers the interests of transparency and openness that it was intended to promote.

Citation

MANTE, J. and NDEKUGRI, I. 2017. Interplay between contract and public law: implications for major construction contracts and transparency. Public procurement law review [online], 2, pages 98-114. Available from: https:westlaw.co.uk.

• Journal Article Type: Article
• Acceptance Date: Dec 2, 2016
• Online Publication Date: Feb 17, 2017
• Publication Date: Mar 1, 2017
• Deposit Date: Dec 2, 2016
• Publicly Available Date: Feb 18, 2018
• Journal: Public procurement law review
• Print ISSN: 0963-8245
• Publisher: Sweet and Maxwell
• Peer Reviewed: Peer Reviewed
• Volume: 2
• Pages: 98-114
• Keywords: Private law; Public law; Construction contracts; Engineering contracts; Probity; Transparency
• Public URL: http://hdl.handle.net/10059/1993