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Construction Law - Case Study Example

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Partnering, as a contractual relationship should be considered at an early stage in the project cycle and some form of business relationship strategy needs to be included in the overarching Procurement Strategy. First part of the answer will be discuss regarding this subjects, second part of the answer evaluate the four implied terms and finally, the Contracts (Rights of Third Parties) Act 1999.
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Download file to see previous pages Partnering 1 means a relationship of open communication and close cooperation that involves both Government and Contractor personnel working together for the purpose of establishing a mutually beneficial, proactive, cooperative environment, alliances to contractual partnerships within which to achieve contract objectives and resolve issues and implementing actions as required. Partnering, as I define it, is the process of two or more entities coming together for the purpose of creating synergistic solutions to their mutual challenges.
The Construction industry including both private and public sector clients, main contractors, consultants and specialists. The collective spend of the client members runs into billions of pounds and it constitutes the most influential pan-industry body in the construction industry. The building of a Partnering relationship is not straightforward and it is essential that sufficient time and resource is allocated in order to achieve the desired result. Effective relationships are the bedrock of Partnering and the Project culture needs to be one of full openness, honesty and trust in all dealings between the parties.
The contract has been drafted as a purchase Order with separate Collaborate Construction terms. The former is only six pages long with additional appendices and is completed to fit the requirements of the particular project.

In order to achieve a successful Partnering relationship all parties need to adopt a far greater degree of collaboration than would be found in conventional contracting. Partnering requires commitment throughout the business units and its suppliers and is not an easy option. Proactive attitudes and contributions will be required on Partnering from Project Initiation in order to obtain improved performance and shared benefits. The collaboration construction terms comprise some 18 pages and should not change, although some of the provisions may not apply, depending upon how the purchase Order has been completed. The contract is unique in that it can be used for the appointment of both consultants and contractors as a subcontract for appointment of sub consultants or subcontractors.

There are already a growing body of evidence that lawyers are providing a different role from that of traditional 'legal technicians' and 'dispute adviser' in favour of movements towards 'assisting the delivery of successful projects'. Lawyers can genuinely 'add value' by explaining how a collaborative relationship can work within a supportive contraction framework. One simple step forward is for lawyers to at least explain the proposed form of construction contract (be it a partnering contract or otherwise) to the project team who will work under or in conjection with it. It is assumed that all parties fully understand what their legal obligations are and how their contract is indented to fit in with ...Download file to see next pagesRead More
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