Skip to main content

Currently Skimming:

Pages 54-59

The Chapter Skim interface presents what we've algorithmically identified as the most significant single chunk of text within every page in the chapter.
Select key terms on the right to highlight them within pages of the chapter.

From page 54...
... 55 chapter five ALLIANCE CONTRACTING LEGAL ISSUES INTRODUCTION There are a number of legal issues that are unique to public sector alliance contracts, and they fall into two categories. The first category arises from the notion that the duties, relationships, and risk-reward allocations among the signatories to the contract are much different than those associated with other contracting approaches.
From page 55...
... 56 • Promptly notify the other party of any dispute or potential dispute when it arises and, if the issue cannot be resolved at the management level, elevating the dispute to the leadership team. • Have the leadership team take whatever action is necessary to reach a unanimous resolution of the dispute, which might include the retention of a neutral third party (e.g., mediator)
From page 56...
... 57 (Miller et al.
From page 57...
... 58 case of alliance or leadership team deadlock or frustration" (Gallagher 2008)
From page 58...
... 59 there be a determination and findings that (1) this contract type is likely to be less costly than any other type; or (2)
From page 59...
... 60 CONCLUSIONS The results of this chapter revealed the following four conclusions: 1. Alliancing agreements contain provisions that are unusual to typical public sector construction contracting in that they advocate: – Joint management and unanimous decision making, – No blame and no disputes, and – Payment to the alliance team members on a costreimbursable basis, with gainshare/painshare relationships that limit the potential exposure of the members to the project's owner.

Key Terms

This material may be derived from roughly machine-read images, and so is provided only to facilitate research.
More information on Chapter Skim is available.