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Collaborative Construction Procurement and Improved Value (eBook)

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eBook Download: EPUB
2019
John Wiley & Sons (Verlag)
978-1-119-15193-7 (ISBN)

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Collaborative Construction Procurement and Improved Value - David Mosey
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The guide that explores how procurement and contracts can create an integrated team while improving value, economy, quality and client satisfaction

Collaborative Construction Procurement and Improved Value provides an important guide for project managers, lawyers, designers, constructors and operators, showing step by step how proven collaborative models and processes can move from the margins to the mainstream. It covers all stages of the project lifecycle and offers new ways to embed learning from one project to the next.

Collaborative Construction Procurement and Improved Value explores how strategic thinking, intelligent team selection, contract integration and the use of digital technology can enhance the value of construction projects and programmes of work. With 50 UK case studies, plus chapters from specialists in 6 other jurisdictions, it describes in detail the legal and procedural route maps for successful collaborative teams. 

Collaborative Construction Procurement and Improved Value:

  • Examines the ways to create an effective contract that will spell success throughout the procurement process
  • Contains helpful case studies from real-world projects and programmes
  • Explores the benefits of the collaborative construction process and how to overcome common obstacles
  • Bridges the gaps between contract law, collaborative working and project management
  • Includes the first analysis of the NEC4 Alliance Contract, the FAC-1 Framework Alliance Contract and the TAC-1 Term Alliance Contract


DAVID MOSEY is Professor and Director of the Centre of Construction Law & Dispute Resolution at King's College London. He joined the Centre after spending over 30 years as a specialist construction lawyer. During his career in private practice, Professor Mosey advised on a wide variety of construction and engineering projects in the UK and internationally, with a particular focus on improving procurement and contractual techniques for integrated project delivery.


The guide that explores how procurement and contracts can create an integrated team while improving value, economy, quality and client satisfaction Collaborative Construction Procurement and Improved Value provides an important guide for project managers, lawyers, designers, constructors and operators, showing step by step how proven collaborative models and processes can move from the margins to the mainstream. It covers all stages of the project lifecycle and offers new ways to embed learning from one project to the next. Collaborative Construction Procurement and Improved Value explores how strategic thinking, intelligent team selection, contract integration and the use of digital technology can enhance the value of construction projects and programmes of work. With 50 UK case studies, plus chapters from specialists in 6 other jurisdictions, it describes in detail the legal and procedural route maps for successful collaborative teams. Collaborative Construction Procurement and Improved Value: Examines the ways to create an effective contract that will spell success throughout the procurement process Contains helpful case studies from real-world projects and programmes Explores the benefits of the collaborative construction process and how to overcome common obstacles Bridges the gaps between contract law, collaborative working and project management Includes the first analysis of the NEC4 Alliance Contract, the FAC-1 Framework Alliance Contract and the TAC-1 Term Alliance Contract

DAVID MOSEY is Professor and Director of the Centre of Construction Law & Dispute Resolution at King's College London. He joined the Centre after spending over 30 years as a specialist construction lawyer. During his career in private practice, Professor Mosey advised on a wide variety of construction and engineering projects in the UK and internationally, with a particular focus on improving procurement and contractual techniques for integrated project delivery.

Reviews


  • Sir Rupert Jackson PC, former Lord Justice of Appeal:

    ‘A successful procurement exercise or construction project is one in which all participants work together collaboratively to achieve a common end. That is not easy to achieve because the participants each have their own commercial interests and reputations to protect. I have long believed that the mere inclusion of platitudes that "the parties will work together in good faith" adds little to the implied term of co‐operation, and a series of recent cases have shown that such wording seldom avails the parties when a dispute erupts.

    The present book goes far beyond platitudes. It explores new ways of working and new contractual structures which can actually bring about collaborative working. It demonstrates how the use of BIM can facilitate the ready sharing of information between members of the team. It explains how the team members can benefit from the creation and development of a project alliance. The research and case studies set out in this book will offer practical guidance to all who are working in the construction sector.’

  • Professor Phillip Capper, Head of International Arbitration, White & Case:

    ‘Improvement of risk management in international construction projects is vital, and Professor Mosey’s challenging book shows how this can be achieved through team integration and early contractor involvement. The focus has to widen from the typical client/main contractor preoccupation, and this penetrative study shows how supply chain collaboration is vital.

    Beginning from the lasting initiatives inspired by Sir Michael Latham in 1994, Professor Mosey explores how team selection and contractual commitments can help build a collaborative culture. We see how collaborative procurement is connected to contracts, and also to BIM and other digital technology. Empirical evidence is grounded in case studies and King's College London research led by Professor Mosey, which is enhanced by leading co‐authors' analyses from other major economies. Collaborative construction procurement demonstrably can reduce disputes, and this book enables a global readership to see which forms of contract can achieve better construction project performance.'

  • Ann Bentley, Construction Leadership Council Board Member, Rider Levett Bucknall Global Board Member and author of ‘Procuring for Value’:

    ‘As any harassed parent knows, telling restive children to “play‐nicely” is no guarantee that they will. Collaboration is much the same, and a broad expression of collaborative intent is no guarantee of collaborative behaviour: it requires knowledge, structure and commitment. With this comprehensive and far‐reaching analysis, taking us from the birth of collaborative contracts to their relevance and use around the world, David Mosey and his King's College team go a very long way to filling important knowledge gaps.

    This book should be recommended reading for anyone considering undertaking a construction project, and compulsory reading for their advisers. I commend David and his team for this work and the contributions that it will make to improving the way construction is procured and delivered.'

  • Mark Farmer, CEO Cast Consultancy and author of ‘Modernise or Die’:

    ‘There is a crucial need to adopt an integrated procurement model in order to deliver projects more efficiently, for example through increasing “pre‐manufactured value” by moving processes from the final site into controlled manufacturing environments. I commend this book whose international co‐authors have collated an excellent global reference point, demonstrating how organising projects differently can create better outcomes for all parties.

    The recommended procurement and contract systems are shown to achieve better aligned interests by harnessing learning and relationships from project to project and by using value‐based selection and remuneration techniques. Unless you can deliver specific value‐adding expertise through integrated working behaviours, the construction world will become an increasingly difficult place to make money and survive. Reading this publication is a vital part of future‐proofing yourself!’

  • Professor John Uff CBE QC:

    ‘This seminal work brings together the fruits of studies and writings spanning many years and encompassing many projects throughout the world under a variety of legal systems. The need for collaboration in the construction process has been a constant theme in the search for procedures and systems which can harness the expertise and energies of parties with divergent commercial interests while avoiding disputes.

    Procurement is the point at which collaboration begins, with the choice of project alliancing for a single enterprise or a framework or other longer‐term arrangement bringing wider opportunities for collaboration. These extended relationships are supported by the authors’ work in developing the FAC‐1 and TAC‐1 models for which impressive case studies are described. The key to success is seen as the development of personal relationships, enhanced by digital technology including BIM, shared knowledge and appropriate motivation.'

  • Shelagh Grant, Chief Executive, Housing Forum:

    ‘David Mosey’s extensive knowledge of the construction industry, and his well thought through solutions to delivering the best possible outcomes, come over strongly in this work. Many examples are given of the collaborative links and early interactions that help achieve good quality and good value in difficult and complex situations.

    The elements of successful collaboration are clearly laid out with particular emphasis on the selection of and relationships between team members. The application of digital technology is shown to work in particular alliance with this approach.'

  • Matthew Bell, Senior Lecturer and Co‐Director of Studies for Construction Law, Melbourne Law School:

    ‘For many in the construction industry, collaborative procurement is the holy grail. This new text by Professor David Mosey and leading practitioners from around the world provides a uniquely‐valuable road map in pursuit of that goal. It not only explains the benefits of collaborative ways of working, it also helps industry professionals and their lawyers navigate the potential pitfalls by compiling a critical assessment of experience to date.

    The text harnesses lessons learned and the value of technological innovations such as BIM. In this way, it provides both a “how to” and “why to” manual for realising the potential of collaborative construction procurement as we enter the third decade of the 21st century.’

  • Nick Barrett, Editor, Construction Law:

    ‘Anyone viewing a typical construction project sees the impressive collaboration that brings designs, people, machinery and materials together in the one place, but they may not see the dangerous divisions that still exist in construction's procurement and contractual underpinnings.

    This book's authors show how a new focus on collaborative procurement can treat many of the industry's ills. Evidence has been gathered internationally, not just from the UK, that collaborative approaches can make a major difference to outcomes.

    The need for a new industry strategy has never been greater, particularly after the Grenfell Tower disaster and the Carillion collapse. Collaborative procurement approaches that can be easily adopted are detailed in these pages, with a diversity of case studies that should convince even the sceptical.’

  • Jason Russell, Executive Director, Highways, Transport & Environment, Surrey County Council:

    ‘As a Local Government Director, I am being challenged as never before to reduce costs whilst improving outcomes for our communities.

    This timely book demonstrates that bringing together the wider supply chain at the right time, with clear outcomes and underpinned by effective processes, can deliver significant benefits. It provides a practical guide, built on the experience of many projects that have delivered proven results over a number of years, and it is essential reading for anyone interested in getting better value from their construction projects.’

  • Dr David Hancock, Construction Director, Infrastructure and Projects Authority, Cabinet Office:

    ‘Since the success of Terminal 5 Heathrow, I have been a great supporter of collaborative approaches and ECI for complex construction projects. This book recognises that collaboration may not be a universal panacea, and it sets out the arguments and opportunities that need to be debated prior to making procurement decisions. Where those opportunities outweigh the risks, it provides the foundations both contractually and behaviourally to ensure the best chance of success, with real examples from industry.

    This is a book that will benefit both the novice and the expert, providing a high‐level overview and a dive into details for the practitioner to implement, without bias to a single contract type and with guidance on Alliance Contract forms for those who wish to realise their benefits.’

  • Kevin Murray, Deputy Director ‐ Construction & Property, Government Property Agency:

    ‘This book provides comprehensive evidence that lays waste to the myth...

Erscheint lt. Verlag 4.4.2019
Sprache englisch
Themenwelt Recht / Steuern EU / Internationales Recht
Sozialwissenschaften Politik / Verwaltung Staat / Verwaltung
Technik Bauwesen
Schlagworte alliance board • Alliancing • Alternative Dispute Resolution • Asset Management • Baubetrieb • Bauingenieur- u. Bauwesen • Baurecht • BIM • Budget • Building Information Management • causes of construction disputes • Change Management • Civil Engineering & Construction • collaborative construction contract • Collaborative culture • collaborative project team • Communication • conditional contract • Consortium • construction law • Construction Management • contract formation • Core Group • cost certainty and cost savings • cost led procurement • Cost reimbursement • deadlines and interfaces • Digital technology • early contractor involvement • Early Warning • employment and training • enterprise contract • Enterprise Planning • environmental benefits • evaluation criteria • FAC-1 • FIDIC 2017 • fixed price • Framework agreement • framework alliance • framework contract • good faith • ground risk • Guide to collaborative construction procurement • health and safety • ICC 2014 • Incentives • independent adviser • integrated project insurance • intellectual property rights • ISO 44001 • JCT2016 • joint insurance • joint risk management • Joint Venture • Leadership • Letter of Intent • local and regional opportunities • Management • multi-party contract • NEC4 • no blame clause • non-binding agreement • open book costing • pain/gain incentives • Partnering • Performance Measurement • PPC2000 • procurement • Programme • project alliance • project bank accounts • Public private partnership • quality • Relational Contract • Relationship Management • Smart Contracts • Stakeholders • Standard Form Contracts • Supply Chain Collaboration • supply chain relationships • sustainability • TAC-1 • Target Costs • team selection • term alliance • term contract • Timetable • TPC2005 • Training • two stage open book • understanding collaborative procurement • virtual organization • whole life procurement • Workshops
ISBN-10 1-119-15193-7 / 1119151937
ISBN-13 978-1-119-15193-7 / 9781119151937
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