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Julian Critchlow is a partner at Fenwick Elliott Solicitors, the City law firm. He has advised on a number of partnering arrangements.
Drawing upon the author's own practical experience, this publication takes a balanced and pragmatic approach in trying to fill the gap of practical information on implementing partnering.
The book begins by considering the nature of partnering and what distinguishes it from other approaches. Importantly, it evaluates partnering in terms of both advantages and disadvantages. After a section on what partnering is, the bulk of the book explored the central issue of how partners may be implemented and the potential implications. The potential impact of both domestic and EC legislation on partners arrangements is also examined.
Contents
FOREWORD - Fiona Hammond
THE NATURE OF PARTNERING AND GENERAL CONTRACTUAL ISSUES
Strategic partnering; Project partnering; Contractual and non-contractual arrangements; Joint venture; Partnership; Total quality management and partnering
THE CASE FOR PARTNERING
Advantages - reduction of conflict; reduction in development costs; speed; quality; safety; work and resources; benefits of association; job satisfaction: Disadvantages - direct costs; tender costs; complacency; commercial blandness; exposure to changes in the market; employees; legal difficulties, multi-layered nature of construction
STRATEGIC PARTNERING
Selecting a partner. Building trust. Defining the aims. Changing the culture. Measuring success. Partnering workshops. Managing the relationship. Continuous improvement. Consultants, subcontractors and designers. Dispute resolution. Termination of the relationship
PROJECT PARTNERING
Use of project partnering. Contractual issues. Selecting a partner. Building trust. Defining the aims. Changing the culture. Measuring success. Partnering workshops. Managing the relationship. Continuous improvement. Dispute resolution
THE IMPACT OF REGULATION: Legal implications
APPENDIX 1 - Sample Project Partnering Charter
APPENDIX 2 - Sample framework Partnering Agreement
APPENDIX 3 - Table of statutes and cases |