Concepts such as cooperation and good faith are at the centre of the partnering idea. Moreover, these concepts are also part of many conventional contracts. Ultimately partnering involves a ‘virtual’ rather than real partnership because the participants retain their separate legal identities. Therefore if disputes arise their resolution may follow conventional models. The idea of partnering may be useful for certain projects but to enable it to work well careful attention must be paid in advance to risk analysis and risk distribution. It is the combination of the provisions that provide for early risk identification and management and early problem solving and/or dispute resolution that may be crucial to achieving the advantages attributed to partnering.
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August 2008
Research Article|
August 01 2008
Problem management/dispute resolution in partnering contracts Available to Purchase
N. Baatz, QC, MA, BCL, CArb
N. Baatz, QC, MA, BCL, CArb
Barrister
Atkin Chambers
London, UK
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Publisher: Emerald Publishing
Received:
April 14 2008
Accepted:
September 23 2008
Online ISSN: 1751-4312
Print ISSN: 1751-4304
© 2008 Thomas Telford Ltd
2008
Proceedings of the Institution of Civil Engineers - Management, Procurement and Law (2008) 161 (3): 115–120.
Article history
Received:
April 14 2008
Accepted:
September 23 2008
Citation
Baatz N (2008), "Problem management/dispute resolution in partnering contracts". Proceedings of the Institution of Civil Engineers - Management, Procurement and Law, Vol. 161 No. 3 pp. 115–120, doi: https://doi.org/10.1680/mpal.2008.161.3.115
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