Rob Horne was recently interviewed for a RADAR Talk, which covered the role of contract in the context of collaborative culture. Please click here to view the RADAR Talk.
Mutual trust, cooperation, and collaboration are principles that can be found in some standard form construction contracts, such as the NEC suite of contracts. But what contractual obligations do they impose on the parties and how do they create a collaborative culture?
In this talk, Rob discusses the role a contract can play in achieving a collaborative approach to construction projects. He notes that parties should take real care when including clauses in a construction contract that oblige the parties to act in a collaborative, trusting and/or cooperative manner and they should always be considered in light of the governing law of the contract itself. Under English law, for example, there is no general concept of cooperating or acting in good faith as legal principles. Therefore, a key question that a party should ask itself when drafting clauses of this nature is; can this actually be enforced?
A good starting point when drafting a contract is to ensure that there is clarity with regards to the project output, and the roles each party plays in delivering that output. A collaborative culture can then be created to achieve a successful project delivery. Parties should be aware that the terms of a contract can only go so far in establishing a collaborative culture and it is their willingness to work together that will always have the greatest effect.
Rob will also be presenting on the same topic at the RADAR Roundtable in September 2017.
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