International Construction Law Review
PROJECT ALLIANCES
DOUGLAS JONES*
Partner, Clayton Utz, Sydney
INTRODUCTION1
There has been abundant discussion in recent years concerning the desirability of implementing general change to the way projects are delivered in the construction industry. The relationship between parties to a conventional construction contract is inherently adversarial, often productive of costly and drawn-out disputes. This arises, in part, from the lump sum character of the traditional remuneration method, which sets the respective interests of client and contractor in fundamental opposition.
Many clients, consultants and commentators have come to the conclusion that innovations which seek to address this state of affairs must do more than merely reallocate risk within the existing adversarial structure. A more radical change as to the nature of the relationship between client and contractor must take place. To this effect, relationship contracting
has been developed as a new approach to the delivery of construction projects.
This paper specifically discusses project alliancing
as one emanation of relationship contracting. It will identify project alliancing as a distinct approach to project delivery, and provide some case studies of public sector projects that have been undertaken as alliances. Project alliancing turns upon the implementation of a performance-based contract structure, the alignment of the commercial interests of client and contractor, and a genuine “no blame” culture between the parties. It has the potential to bring clear benefits to the execution of public sector projects. However, as with all innovations, there are aspects of project alliancing which need to be understood in order for measured judgements to be made as to its implementation.
The move to relationship contracting
It is increasingly recognised that the “zero-sum” mentality—“your gain is my loss”—which traditionally characterises the construction industry is counter-
* AM, RFD, BA, LLM, FCIArb, FIA&MA.
1 The author gratefully acknowledges the assistance in the preparation of this paper provided by Michelle Wood, Legal Assistant, Clayton Utz, Sydney.
[2001
The International Construction Law Review
412