London Construction partners, Nicholas Downing and David Nitek, have contributed a chapter in The International Comparative Legal Guide to: Construction & Engineering Law 2019, for which they are also contributing editors

In light of increasing contractor insolvencies following the collapse of Carillion in 2018, as well as delays and cost overruns on high profile infrastructure projects, there are growing concerns in the UK that traditional contracting arrangements do not represent efficient contracts for project delivery. The industry recognises that, under the current approach to contracting, contractors are expected to assume too much risk, with limited corresponding commercial benefits for the employer. Employers and contractors are therefore looking increasingly to alternative, less adversarial, contracting strategies.

Herbert Smith Freehills’ London Construction partners, Nicholas Downing and David Nitek, have published a chapter on ‘Collaborative Contracting for Major Infrastructure Projects’ in The International Comparative Legal Guide to: Construction & Engineering Law 2019. Nicholas and David are also contributing editors of this edition.

In their chapter, Nicholas and David examine key trends in collaborative contracting and the various features of different collaborative contracting methods, including target cost and incentive contracts and alliances. They also consider how these methods compare against more traditional forms of procurement, as well as how English law has approached the interpretation of contractual commitments seen in contracts of a collaborative nature.

Click here to read the chapter.

Nick Downing
Nick Downing
Partner, Head of Construction & Engineering, London
+44 20 7466 2741
David Nitek
David Nitek
Partner, London
+44 20 7466 2453