Abstract
Contractual relations encompass the contractual terms within a governing relationship; typically this comprises: the relationship, the risk apportionment, the division of responsibilities and the reimbursement mechanism. In the Western construction industry these have traditionally surrounded arms-length/adversarial discrete contracts. Recent moves to foster collaboration have confused the ‘end’ with the ‘means’ and thus will not maximize the business objectives. This article considers a range of ‘fit-for-purpose’ contractual relations which, when appropriate, can be linked with positive measures to foster collaboration. Consequently this effects the risks and responsibilities prescribed in the contract which, when appropriately aligned, will ensure business success.
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