Collateral Contracts And Relationship Contracting: Co-operation, Teamwork, Collaboration ... Disputation?

摘要

This article considers those circumstances in which a collateral contract may arise in a construction project as a consequence of pre-contractual statements or terms. It does so by utilising a form of relationship contracting, known as "partnering", as an example. While partnering has been adopted with a greater degree of enthusiasm in the United Kingdom than in Australia, the approach of implementing a "partnering charter" as a side document to the main construction contract, serves as a useful illustration of the inherent dangers of collateral contracts. Consequently, the purpose of this article is to explore the issue of collateral contracts rather than draw any definitive conclusions as to the merits or otherwise of partnering.