Allianzverträge – Ohne Rechtsstreit durch die Krise

Abstract

AbstractClaim‐ and anti‐claim‐management is becoming increasingly important on construction sites. More and more (human) resources from contractor and owner are being invested in projects for this purpose. This is clearly counterproductive for the success of the project, since claim and anti‐claim‐management do not create any added value in the project and the actual target of a construction project is pushed into the background. In this article, the differences between plannable and dynamic‐complex systems are used to show, where classic construction contract models reach their limits and which projects are better implemented with alternative contracts. Based on the Alliance Contract for the successfully completed project „Triebwasserweg Maria Stein”, it is shown why Alliance Contracts are more suitable than classic contract models for dynamic‐complex (risky) large‐scale projects, such as large tunnel projects in difficult geology. By choosing the right contract model for the project, the best project results can be achieved, and legal disputes can be avoided even in crisis situations.