Partnering and Alliancing

Since the UK Strategic Forum for Construction favoured better integration and team work as a means of improving performance and profitability, more leading corporate clients have turned to using procurement strategies which embody partnering, alliancing, relationship, and similar types of contracting. The experience of British Airports Authority on Heathrow Terminal 5 is well known, but many other of today's major projects are also based on such relationships.

Although one of the main aims of alliancing is to eliminate the culture of conflict and claims-consciousness, the legal framework is still crucial to the success of this kind of contracting. Indeed, in some sectors, legal advice will help decide whether a partnering model can go ahead at all, or whether it may breach anti-competitive rules (such as the EU Procurement Regulations).

Legal assistance is also necessary when a relationship of trust and co-operation fails to survive the project. Recent cases in which our members have appeared (such as Birse Construction v St. David Ltd [2000] 78 Con LR 121 and Alstom Signalling v Jarvis Facilities Ltd [2004] All ER (D) 02) readily demonstrate how corporate relationships can break down and need resolving through the courts.

Whether you need guidance on a contractual framework where partnering can flourish, or representation in a dispute where it has gone wrong, you can be assured of the highest quality advice and service from our specialists at all times.

Further Information
For further information on how our members can assist you, please contact the Senior Clerks, John Munton and Nick Child, in the first instance, on +44(0)20 7544 2600. They and their teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.