Standard forms of partnering contracts The ultimate contractual commitment? Part 6

摘要

This is the sixth in a series of articles being published in CES comparing the terms of some of the different standard forms of partnering contract available. Contrary to common practice which would typically devote one article to one standard form of contract, this series addresses each major topic in sufficient detail to give the reader an idea of the main features and relative merits of each form.The first article in the series provided an introduction to partnering by identifying its ethos, history, aims and so on and by setting its fundamental difference to conventional (confrontational) contracting forms. The second set out how the relevant different standard forms of partnering contract (the forms) address the corporate and personnel commitment to partnering. The third considered how the forms address issues related to time, the fourth issues related to cost and associated safeguards and incentives, and the fifth looked at how risk and risk management was addressed, as well as value, value management and added value. This sixth article considers how the forms encourage and incentivise the parties to improve aspects of their performance, together with the management of the supply chain.