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1
Working together
2
Primary obligations of the purchaser
3
Primary obligations of the supplier
4
Risk allocation
5
Performance management
6
Payment
7
General terms
8
Legal definitions

1

Collaborative construction terms

Working together

1.1

The Overriding Principle

The Overriding Principle guiding the Purchaser and the Supplier in the operation of the Contract is that of collaboration: it is their intention to work together with each other and with all other Project Participants in a co-operative and collaborative manner in good faith and in the spirit of mutual trust and respect. To this end the Purchaser and the Supplier agree they will each give to, and welcome from, the other, and the other Project Participants, feedback on performance and will draw each other’s attention to any difficulties and will share information openly, at the earliest practicable time. They will support collaborative behaviour and confront behaviour that does not comply with the Overriding Principle.

1.2

Composition of the Project Team

The initial members of the Project Team will comprise the Client and those Suppliers who are considered by the Client to be of key importance for the successful design, construction and management of the delivery of the Project. The Project Team members may, from time to time, invite other Project Participants to join the Project Team and/or to change the composition of the Project Team, in each case following consultation with the other Project Team members at that time. If the individual members are unable to reach agreement on any proposed changes in the composition of the Project Team, the Client shall decide.

1.3

Role of the Project Team

The role of the Project Team is to guide the successful delivery of the Project through its design and construction. The Project Team will meet at regular intervals to share information relating to the Project, to consider the risks and opportunities affecting the Project and how best to co-ordinate and manage the Project.

1.4

Drawing up of a project protocol

If engaged as a member of the Project Team, the Purchaser will, together with the other members of the Project Team, draw up and adopt a project protocol setting out the aims and objectives of the Project Team with regard to the delivery of the Project and the development of their working relationships.

1.5

Signatories to, and display of, the project protocol

The project protocol will be signed by a senior representative of each member of the Project Team and copies of the signed project protocol will be prominently displayed at the places for work of all the members of the Project Team, on the Site and in accommodation on, or serving, the Site.

1.6

Status of the project protocol

The provisions of the project protocol will not create any contractual obligation and any failure to adhere to its terms will not of itself constitute any breach of this Contract.

1.7

Effect of the Overriding Principle

In the event of any dispute between the parties and/or the members of the Project Team, any court or adjudicator or other forum to which the dispute is referred shall take account of the Overriding Principle and of the parties’ adherence to it when making any award.

 

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