In the past decade, there have been noteworthy advances in case law with respect to adverse physical conditions as well as the development and use of digital ground models that have become more widespread. This article looks at the development and changes in risk profiles that may result due to these two developments.
Contracts for dredging and offshore works are diverse. Moreover, increasing financial and/or managerial constraints require contracting parties to change the apportionment of commercial risk. Contractors and suppliers have to adapt to contracts that are chosen unilaterally by the owner. Turnkey and engineering, procurement, and construction (EPC) contracts are becoming more common in the industry and bring their own benefits and challenges.
Despite strict competition laws, the EU is reviewing some new procurement procedures that would allow a contracting authority leeway in negotiating early on with potential contractors.
Benefiting from early contractor involvement does not necessarily violate the European Union’s principles of freedom to supply goods and services.
When a mega infrastructure project is on the drawing board, who is most likely to have the technical knowhow to design the project in the most cost-effective manner – the clients, the contractors or consultants?
Despite the recent progress, partnering in the UK continues to mean different things to different people. The difference between project and strategic partnering is fundamental and could reflect the difference between a client's desire to partner on a short-term or long-term basis.