3 questions for… Dr. jur. Christian Scherer-Leydecker, lawyer

3 questions for… Dr. jur. Christian Scherer-Leydecker, lawyer

Dr. Scherer-Leydecker, how do public and private partners come together? Scherer-Leydecker: In practice, contract model has proven its worth, the heart of which is the project contract between the public service provider, i.e. the hospital provider, and project company. The project company's shareholders are usually construction companies and suppliers of medical technology or hospital service providers. What is regulated in the project contract? Scherer-Leydecker: The project contract regulates the performance obligations and the distribution of risk. The private partner plans the subject matter of the contract, that is, he usually erects building with appropriate equipment and maintains and operates the built-in medical technology. This means that it is available to the hospital operator for the entire duration of the contract. The private partner is responsible for ensuring that technical services are available, which is why one speaks of availability models. For this purpose, the contracts provide for so-called malus regulations. These entitle the hospital operator to make deductions from the service fee if the partner does not properly provide the specified service. The risks of the partnership must be shared. Everyone should take the risk that they can manage best. In view of the long duration of the contract, arrangements must also be made to cover events of force majeure or inflation risks. What specific tasks does the project company take on? Scherer-Leydecker: The project company provides services from the project contract. To this end, it signs general contractor contract with the construction company and the medical technology supplier. This regulates how the building is to be built on turnkey basis and equipped with the required medical technology. Since the project company makes an advance payment, it must also create project-related financing. In addition, the project company concludes subcontractor contract with facility management company and the medical technology operator, who are responsible for maintaining and operating the building on the one hand, and maintaining and maintaining the medical technology on the other. The contract is intended to ensure that the hospital operator is provided with the service in accordance with the contract over the entire term
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