Marique, Y (2013) Cooperation and competition in complex construction projects: Implementation of EU procurement rules in England and Belgium. International Journal of Law in the Built Environment, 5(1), pp. 53-70. ISSN 17561469
Abstract
Purpose: The purpose of this paper is to show that technical complexity in construction projects is intensified by complexity in public decision making. Public authorities need to build on the conflicting imperatives of fostering cooperation with their (potential) contractors and following strict procurement regulations to enhance competition. Design/methodology/approach: The paper uses a comparative analysis of the English and Belgian legal systems. The comparison is based on traditional legal analysis of the primary sources, cases and their scholarly comments. It is supplemented, when appropriate, by project management concepts. Findings: The analysis in the paper suggests that awarding authorities do not always resolve the conflict between cooperation and competition for themselves. There is a range of alternative techniques embedded in the legal system. Practical implications: The paper suggests that developing tools for successful construction processes requires perspectives building in both law and project management, taking into account the institutional contexts in which projects are carried out. Originality/value: The ways in which the implementation of EU procurement directives interacts with the dynamics particular to legal systems, and therefore diverges in their actual results, are often overlooked as the literature more often studies the harmonizing effects of these EU directives within the internal market.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Belgium; comparison England-Belgium; complex projects; construction works; directives; England; European union; partnering; procurement; remedies; transparency |
| Index terms: | dynamics, construction work, implementation, complex project, project management, transparency, partnering, England, European Union, construction process, decision-making, methodology, construction project, regulation, competition, cooperation, complexity, public authority, legal analysis, Belgium, comparative analysis |
| Subjects: | research methods, physical geography and landforms, project management theory and practice, professional development, Geography, production management, decision analysis, building construction, market analysis, partnership management, political science, systems engineering, administrative law, operations management, psychology, strategic project management, legal systems, contractual arrangements, data analysis and analytics |
| Topics: | Geographical Context, Project Management, Research Practice, Engineering Principles, Information Management, Procurement, Governance, Stakeholder Management, Risk Management, Legal Issues, Site Management, Organizational Design |
| 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