Looking at MOF-PPP handbook quotes, it looks like PUB totally missed it with its PPP contract allowing them to takeover a water plant for zero dollar and on top of it, can still claim compensation?!
Termination of the water agreement should be bad enough. Only thing PUB loss out is buying cheap $0.45/m³ water from Hyflux.
The contract was signed. Hyflux put in a low bid to win the tender. Hyflux did their own calculations and deemed that the sale price of $0.45 per cubic metre to PUB is good for them. Any revision would be unfair to PUB ( there isn't a price revision clause) and those that participated in the tender but didn't win. Since the price is locked in for 25 years, Hyflux is contractually obligated to deliver water at that price for the duration of the 25 years contract. An early termination would cause the party breaching the contract to pay liquidated damages.
A calculation of just liquidated damages alone:
Tuas Spring is expected to sell 318,500 cubic metres per day to PUB at $0.45 per cubic metres. The 25 years agreement is from 2013 to 2038. Latest tender won by Keppel in 2016 for a similar project at Marina East has a WPA of $1.07867 per cubic metre.
Calculation for liquidated damages as follows:
($1.07867 - $0.45) x 318,500 x 365 x 19 = $1,388,604,724.325 which is $1.3886B*
Add in penalties for past breaches, easily more than $1.4B. If the case goes to court, PUB may not be awarded the entire $1.4B but $1B in liquidated damages is entirely possible. Actually PUB can and SHOULD take over the entire Tuas Spring for $0.
If you think that is unfair, I think you have absolutely no idea how contract works. Had Hyflux won the bid at a higher contract price and Tuas Spring is a very lucrative project, if PUB terminates the contract without just cause, Hyflux wouldn't be suing for the cost of building Tuas Spring. They would be suing for the price of Tuas Spring ( there will be a method to determine price of Tuas Spring depending on when contract is terminated) + liquidated damages ( profits that should have been theirs, had PUB not unjustly terminated the contract).