Collaborative Contract
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- Collaborative Contract
- Collaborative Contract documents [members only]
Project Objectives
1. The overall aim is to provide a framework that underpins collaborative working and which is contractually binding.
The three guiding principles in the drafting of the framework is:-
- to underpin, not undermine, collaborative behaviour;
- to provide flexibility in use; and
- to be clear and concise
2. The starting point is the use of the concept of the "Overriding Principle" that, in operating individual contracts, the Purchaser and the Supplier must work together with each other and all other project participants in a co-operative and collaborative manner, in good faith and in the spirit of mutual trust and respect.
3. Avoidance of unilaterial decisions - Many of the provisions are drafted on the basis that the parties must either reach agreement on matters, or resolve any disagreements using the dispute resolution provisions, before they can proceed. As a result, the parties must genuinely collaborate and, save for the limited rights for the Purchaser to assess the effect of a Relief Event in the absence of any notification from the Supplier, there is no provision for the Purchaser to make unilateral decisions regarding the balance of interest between the parties.
4. The role of the Project Team - It is intended that a Project Team will be set up comprising the Client and other participants who are of key importance for the successful delivery of the Project. It should involve any key specialist subcontractors, professional designers and the lead contractor.
5. Preparation of a project protocol - One of the first tasks of the Project Team is drawing up a project protocol which sets out joint aspirations with regard to the Project and their working relationships. A project protocol will not create any contractual obligation, to avoid the possibility of conflict with the Overriding Principle and the other express terms of the contract.
Project Description
6. The contractual documents relating to the supply of "Services" are for the engagement of contractors, consultants, subcontractors and subconsultants so all project participants can be engaged on the same basic terms.
7. A simplified version of the Purchase Order and the "Collaborative Supply Terms" applicable to the supply of "Products" (plant and materials) has been drafted in conjunction with COMPASS. This meets the wishes of suppliers for a specific contract for the supply of plant and/or materials which still taps into the collaborative framework established "upstream".
8. The Egan Report treats design and construction as a continuous, joined-up process. This is achieved by engaging the Supplier on a 2-stage appointment with separate Purchase Orders for the design input (stage 1) and for the construction stage (stage 2).
9. The documentation is in plain English without the verbiage found in many of the existing standard forms so that the contract can be quickly read and understood by all participants, not simply their lawyers. The primary aim is to focus on how the parties are to make the project work, not how lawyers and judges may interpret individual provisions in the event of a dispute.
Further information is available from the Be Collaborative Contract Web Site
.