1. See the introduction to the NEC4 Alliance Contract dated June 2018. 2. See Infrastructure Client Group, Improving Infrastructure Delivery: Alliancing Best Practice in Infrastructure Delivery, p. 5. 3. See Julian Bailey, Construction Law, vol. I, 2nd edn (Informa Law from Routledge), p. 39. 4. See Andrew Chew, “Some Practical and Legal Considerations when bidding and structuring alliancing projects”, Australian Construction Law Newsletter, #106 January/February 2006. 5. See the Infrastructure Client Group, “Preface”, in Improving Infrastructure Delivery: Alliancing Code of Practice (HM Treasury, 2015). 6. See Douglas D. Gransberg, Eric Scheepbouwer and Michel C. Loulakis, Alliance Contracting Evolving Alternative Project Delivery, ch. 2 (National Academies Press), for some detailed examples of alliancing as used in these countries as well as in the Netherlands. 7. The @One alliance web page notes that: “The Anglian Water @one Alliance will design and build around 800 schemes worth approximately £1.2 billion between April 2015 and March 2020, known as AMP6 – the current five year investment period, working closely with Anglian Water operations teams and other key stakeholders. We design and construct water and water recycling (waste water) treatment centres that serve more than six million people in the East of England (and Hartlepool Water) and maintain and improve the water mains and the sewerage network in the region.” 8. See Tom Fitzpatrick, “Rail Phase 2 Deal”, Construction News, 4 December 2015. 9. See Infrastructure Client Group, Improving Infrastructure Delivery: Alliancing Code of Practice (HM Treasury, 2015), p. 4. 10. See http://www.allianceforms.co.uk/about-fac-1/. For further information see https://assets.publishing.service.gov.uk/government/uploads/system/uploa... 11. Association of Consultant Architects. 12. See http://www.allianceforms.co.uk/about-fac-1/. 13. See “Framework Alliance Contract used on construction projects totalling £9.5 billion” posted on 11 August 2017 on the King’s College website. 14.http://www.allianceforms.co.uk/about-fac-1/ 15. Partnering contracts standard forms are more widespread and include PPC2000 and TPC2000. See also the JCT’s non-binding partnering charter and the JCT Constructing Excellence contract. 16. See “Managing an alliance contract”, NEC4 User Guide, vol. 4, June 2018, p. 1 17. See Clause 20.1 [The Alliance]. 18. See Clause 21 [The Alliance Board]. 19. See Clause 21.5 [The Alliance Board]. 20. See Clause 22 [The Alliance Manager]. 21. See “Managing an Alliance Contract”, NEC4, vol. 4, p. 20. 22. These may include: communication methods between partners, costs, procurement and tendering for subcontractors and suppliers, reporting, documents, resources, progressing monitoring and programme reports and risk (including risk registers). See “Preparing an Alliance Contract”, NEC4, vol. 2, p. 57. 23. See Clause 32 [The Programme]. 24. See Clause 33 [Revising the Programme]. 25. See Clause 15 of FAC-1. 26. See “Managing an Alliance Contract”, NEC4, vol. 4, section 80.1. 27. See Clause 81.1 [Partners; liabilities]
ABOUT THE AUTHOR
Claire King, Partner
Claire specialises in the resolution of construction and engineering disputes through all major forms of dispute resolution including litigation, arbitration, adjudication and mediation..