A planning framework for conditions of contract for use in partnering projects

Cheung, S O; Lyeung, D K; Cheung, F K T and Suen, H C H (2002) A planning framework for conditions of contract for use in partnering projects. In: Greenwood, D (ed.) Proceedings of 18th Annual ARCOM Conference, 2-4 September 2002, Northumbria, UK.

Abstract

Construction projects are characterized by their participants having conflicting and different objectives. For this reason, construction conflicts and adversarial business relationships are common. In recognizing the need for a more 'co-operative' and less adversarial construction environment, Partnering approach has been proposed as a means of achieving it. Evidences can be found in Australia, UK and USA that the construction industry is beginning to recognize the benefits of Partnering, including improved working relationship, programme certainty, and reduced waste. Whilst much has been reported on the Partnering process, this paper deals with another important aspect of Partnering: the conditions of contract. With the emphasis on cooperation, trust and openness in communication, the traditional form of contract featuring strong confrontational ambit is considered inappropriate for Partnering projects. This paper describes a framework for the planning of conditions of contract for use in Partnering projects. The planning framework deals with the three key aspects namely, risks , problem resolution and performance. The principles guiding the planning for the three aspects are also discussed.

Item Type: Conference Paper (Paper)
Uncontrolled Keywords: dispute resolution; partnering; performance; planning framework; risk
Index terms: construction project, form of contract, evidence, cooperation, construction industry, resolution, operative, partnering, business relationship, dispute, Australia, programme
Subjects: industry analysis, project controls, conflict resolution, partnership management, Geography, production management, contractual arrangements, psychology, practitioner, dispute resolution, strategic management, evaluation and assessment methods
Topics: Legal Issues, Organizational Design, Time Control, Business Strategy, Project Management, Geographical Context, Research Practice, Roles and Professions, Stakeholder Management, Procurement
Descriptive scope: 4 PCTA

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