Partnering Agreement Research Articles

Factors hindering effective partnering in Indian public sector construction organizations

Purpose The Indian public sector construction industry is normally driven by traditional contracting practices. Though no formal partnering agreement is being used in public sector projects in India, improvement in Indian public sector organizations could be observed in the post-liberalization era, as they get the opportunities to work with multinational companies from countries with experiences in partnering. The purpose of this study is to explore the extent of partnering strategies being adopted by Indian public sector organizations and identify factors hindering the adoption of formal partnering. Design/methodology/approach Critical success factors for successful partnering were first identified through literature review. This guided the collection of primary data through semi-structured interviews with 36 top management personnel and secondary data in the form of organizational documents and site reports from several site visits of four public sector construction organizations. The evidence collected from four cases were arranged and compared against organizational strategies of successful partnering. Findings Most of the strategies adopted by the organizations were found to be in line with the suggested partnering practices. However, partnering performance of these organizations was found to be not satisfactory. This study has identified 14 factors hindering effective partnering such as reservations over joint risk-sharing process, limited bid evaluation criteria, difficulty in time-bound payment to contractor, absence of incentive mechanism, obsolete training procedures and absence of time-bound dispute resolution mechanism. Research limitations/implications The research findings are based on a case study with four public sector organizations only. Additional cases need to be undertaken to generalize the findings. Further study should also be undertaken to explore partnering relationships between contractors and subcontractors in public sector projects. Practical implications To improve project performance, top management of public sector organizations in India can take these factors into account while formulating strategies on introduction of project partnering in their organizations. Originality/value The work is novel providing insights into organizational strategies promoting and hindering partnering in Indian public sector construction organizations.

To bind or not to bind

This article discusses the formalization of collaboration through partnering contracts in the construction industry in the USA, Great Britain and Denmark. The article compares the different types of collaborative partnering contracts in the three countries, and provides a conclusion on whether the collaborative partnering contract should be binding or non-binding, based on the three empirical contracts analyzed in this article. The partnering contracts in Great Britain and Denmark are legally binding, while in the USA the partnering agreements are non-binding charters or letters of intent. This article discusses, in a theoretical perspective, the legal reasoning behind the different partnering approaches, both from a historical and contract law perspective, and furthermore applies a game theoretical approach in evaluating binding versus non-binding partnering contracts. The analysis focuses on private collaborative multi-partner partnering contracts in the construction industry and compares contractual clauses from US, British and Danish partnering contracts. The article argues that from a legal and a game theoretical perspective, the collaborative partnering contract should be legally binding in order to minimize the risk of self-optimization and improve joint utility through the contract, and thus recommends that the US partnering regime should shift from a non-binding partnering agreement to a legally binding partnering contract.

Antecedents of project partnering in the construction industry — The impact of relationship history

This paper aims at increasing the understanding of construction partnering and relationships in project marketing by analyzing the impact of previous relationships among project stakeholders on the choice of partnering and of partners. Based on a conceptual framework combining the insights of the Industrial Network Approach with the model of project co-development proposed by Crespin-Mazet and Ghauri (2007), the paper analyzes a focal partnering project and its connections to other projects. It concludes that the context of the relationships seems to influence the customer's selection of partnering and partners. The paper's contributions address the relative importance of the project's functional challenge and relational congruence in the project network on the customer's procurement choice. For a first partnering agreement, this choice seems primarily influenced by the project's functional challenge while the subsequent choice of partners relies on high relational congruence. Once a positive experience of project partnering gained, the customer's choice seems primarily influenced by the relational congruence in the project network so as to harvest previous investments (resource adaptations) made in their relationship with a given partner. The paper highlights several contributions to the construction partnering literature and project marketing literature.

Partnering with Parents: Preventing Infant Falls

<h2>Newborn Care Poster Presentation</h2><h3>Purpose for the Program</h3> In December 2011, a report generated from the online‐incident reporting system indicated that three infant falls (6.6 falls per 10,000 births) had occurred in 2011. Two infants falls (4.4 falls per 10,000 births) were reported in 2009 and no infant falls were reported in 2010. All incidents took place during the night shift and infant falls were due to the mother falling asleep. None of the newborns suffered serious injury. The mother–baby unit had just completed a project to increase exclusive breastfeeding and more infants (>70%) were rooming‐in with their mothers. There was concern on the part of the staff that the new mother–baby care delivery model would be blamed for the increased rate in falls. The hospital had also recently purchased new beds that may have been contributory to the increased rate in falls because the side rails were not as high when the head of the bed was elevated. <h3>Proposed Change</h3> To fully evaluate contributory factors related to infant falls in the mother–baby unit and develop safety strategies to reduce/eliminate infant falls by instituting a Newborn Safety Partnering Agreement for Parents. <h3>Implementation, Outcomes, and Evaluation</h3> An increased rate of infant falls in the mother–baby unit prompted review to identify potential contributory factors, which included exhaustion of the mother after delivery, bedside rail position, too many pillows, timing and type of pain medication, cultural issues, and unsafe parental behaviors. A query was sent out to the NY Organization of Nurse Executives list serve, which requested any infant fall prevention programs that were successful. The query and literature review yielded minimal results. An infant safety checklist was developed to include awareness for potential falls. Based on feedback, the checklist evolved into a Newborn Safety Partnering Agreement for Parents and fall debrief tool to be used after a fall to immediately identify contributing factors. The premise behind the partnering agreement was to increase parents' awareness of the potential of an infant fall beyond traditional patient education. The tool is used to educate and ask parents to partner with staff to keep their infant safe. A pilot to evaluate effectiveness was conducted. Minor changes to the tool and implementation of the agreement in the delivery room before delivery proved successful. Since the implementation of the Newborn Safety Partnering Agreement for Parents there have been no infant falls to date. <h3>Implications for Nursing Practice</h3> Implementation of a Newborn Safety Partnering Agreement for Parents on the mother–baby unit raises awareness to prevent infant falls and injury.

Robust distribution planning for supplier-managed inventory agreements when demand rates and travel times are stationary

Supplier-managed inventory (SMI) is a partnering agreement between a supplier and his customers. Under this SMI agreement, inventory monitoring and ordering responsibilities are entirely transferred to the supplier. Subsequently, the supplier decides both the quantity and timing of his customer deliveries. The inventory routing problem is an underlying optimization model for SMI partnerships to cost-effectively coordinate and manage customer inventories and related replenishments logistics. This paper discusses the case where customer demand rates and travel times are stochastic but stationary, and proposes a version of the inventory routing optimization model that generates optimal robust distribution plans. The approach proposed to obtain and deploy these robust plans combines optimization and Monte Carlo simulation. Optimization is used to determine the robust distribution plan and simulation is used to fine-tune the plan's critical parameters such as replenishment cycle times and safety stock levels. Results of a simplified real-life case implementing the proposed optimization-simulation approach are shown and discussed in detail.

A boiler feed pump success story

Low availability and reliability were common problems with boiler feed pumps 30 years ago. To address this problem, South African utility Eskom formed a partnering alliance with pump manufacturer Sulzer. Willem van der Westhuizen and Tony Cattaert of Eskom with Johan Cadle of Sulzer (SA) Pty Ltd discuss the background to the partnering agreement contract, its objectives and philosophy.

Monitoring of a strategic partnering process: the Amphion experience

Amphion Consortium was formed with the membership of a number of registered social landlords as an initiative in implementing the Egan agenda which championed long‐term successful partnering as a mechanism for achieving radical change in the construction industry. This was an opportunity to monitor and record the performance of 12 housing development projects and the roles played by a complex team network in contributing to an innovative partnering agreement. Relevant KPIs, benchmarks, a data collection and site monitoring system were developed. A range of workshops, questionnaire surveys, detailed interviews with key project personnel, examination of site meeting notes and feedback reviews were undertaken as research tools to gather data. An attempt was made to identify the softer, qualitative issues that are difficult to grapple with normal numerical data collection methods. A number of takeover bids within a short space of time had a substantial effect on the consortium as well as the research project. Mutual trust, effective communication, a changed mindset from all parties, the quality of the services and commitment of all stakeholders seem to be the key factors that contribute to a successful strategic partnering process.

The economics of UK nuclear weapons policy

The Trident replacement decision has an economic aspect that cannot be ignored, namely, its costs. This article presents a cost-benefit framework for assessing the replacement decision and its alternatives. The replacement decision is presented against the background of the defence economics problem showing the opportunities for substitution and the need for difficult defence choices in a world of uncertainty. A framework for choices is outlined showing the range and type of information needed for sensible decision-making in this area. A range of conventional force alternatives is estimated as well as alternative civil spending. The impact of the replacement decision on the UK submarine industrial base is assessed, including the challenges of reaching a partnering agreement and negotiating an incentive contract with a UK monopoly supplier. The cost figures used for the Trident replacement are illustrative only and show how the programme can be evaluated.

Introduction to the ASHRAE GreenGuide for LEED

ABSTRACT This article introduces the concept of sustainability in building design, construction, and operation, and offers various “green tips” to aid the integrated design team in developing a green building. In 2002, the American Society of Refrigerating and Air-Conditioning Engineers, ASHRAE, and the United States Green Building Council, USGBC, entered into a partnering agreement to team together to promote green buildings. This GreenGuide was developed by ASHRAE to assist the USGBC in their efforts at promoting sustainable design.

Murky waters for government policy: the case of a 17th century British warship and 10 tonnes of gold coins

Abstract In September 2002, the United Kingdom government entered into a ‘partnering agreement’ with an American marine exploration company for the recovery of gold from the historic British warship, HMS Sussex . The agreement deeply disturbed the archaeological world, not least because it appeared to fly in the face of principles enshrined in the recently adopted UNESCO Convention on the Protection of the Underwater Cultural Heritage (2001). This article considers the nature of the agreement and reflects upon its significance in light of the new Convention. It concludes that it is a duty incumbent on any government to act in the best public interest and in this exceptional case the public interest may well be best served by exploiting the potentially vast commercial value of the wreck.

Problematic issues associated with project partnering — the contractor perspective

The use of project partnering is becoming more frequent in Australian Government construction projects because of the potential benefits that can be achieved from the effective implementation of the project partnering arrangement. Despite this, project partnering is not always successful. The aim of this paper is to identify the problematic issues associated with project partnering based on contractors’ perceptions. Fifteen problematic issues were identified from six contractors involved in unsuccessful project partnering relationships. The results indicate that the unwillingness of the client to fully commit to the partnering agreement was the main reason for ineffective project partnering. There is a need for the public clients to adapt more flexible administrative procedures in order to improve contractors’ willingness to commit to project partnering arrangements.

Continuous Partnering Helps Ensure Project Success

This paper discusses the term partnering, defined as a systematic approach to overall project management that promotes a positive working environment among project participants. Before a project begins, the key parties to the project are assembled and asked to form an agreement that establishes goals and a process for resolving conflict. An initial workshop begins the partnership process. Participants include the owner, project managers, the construction manager, the general contractor, key subcontractors, the designer, and any regulatory agencies. Over the course of two days, the role of each participant is explained, different behavioral styles are discussed, potential problems are identified, a dispute resolution process is established, an implementation plan that includes periodic reviewing is developed, and a partnering agreement that incorporates all of these elements is drawn up and signed by all participants.

Uprating of Mogden Sewage Treatment Works

Mogden Sewage Treatment Works treats a population equivalent of approximately 1.8 m people from a catchment area of 160 sq. kilometres in North and West London. Substantial improvements have been undertaken over recent years including the automation of the works and major process improvements providing new sludge thickening facilities. In order to satisfy new obligations on treatment capacity set by the EC Urban Wastewater Treatment Directive a series of trials evaluating innovative and novel alternatives to conventional design were conducted. The “Mogden Trials” as they became known were granted a £1m research budget from the Thames Water capital release committee, however, substantial cost savings from an original capital control cost of £85m (NPV £141m) were considered possible. This paper describes how the savings were achieved through the trials and the assessment of options and provides details on the process of uprating the treatment plant including the successful partnering agreement between the owner/operator Thames Water and the US based company Black and Veatch.

IT project management: Partnering IT projects

Over the past year the IT press has been full of news stories announcing that a supplier or service provider has recently formed “a strategic partnership”, “a working partnership”, “an alliance” or has entered a “partnering” agreement with another company, in order to complete a particular project (or a series of similar protects) or to outsource its IT requirement. This article attempts to unravel the legal reality behind the hype. Are these agreements simply a form of Joint venture under another, more appealing label; or do they represent genuine partnerships and/or are partnering arrangements? I start by looking at the characteristics of a partnering agreement. Thereafter I explain broadly the relevance of partnering to IT projects generally and how the concept is beginning to be used in practice under various forms of contract.The third section of this article considers the contractual implications of partnering arrangements upon the IT projects identified in the preceding section. I then seek to distinguish partnering from a joint venture or partnership. Finally I draw a tentative conclusion.

Partnering: A Team Building Approach to Quality Construction Management

The main objective during a construction project is to deliver a quality product in a timely, cost‐effective, and safe manner. However, due to the risky and competitive nature of construction contracting, conflicting objectives among the different parties involved in a contract are bound to occur. In many instances this leads to expensive claims and litigation. The California Department of Transportation (Caltrans) has adopted an approach called “partnering” to define its relationship with its contractors in an attempt to reduce or eliminate claims and litigation. The partnering approach relies on the fact that the best conflict‐resolution strategy is one that prevents conflicts from occurring. Therefore, the main objective of partnering is to encourage all parties of a contract to change their relationships from adversarial to cooperative, by building a friendly environment with all parties acting as members of one team. This change in relationships requires changes in attitudes to achieve mutual trust, respect, and open communication among all parties involved. The paper presents and describes the partnering process as implemented by Caltrans. It also presents, as an example, a complete partnering agreement between Caltrans and one of its contractors.

Partnering: Providing Effective Project Control

Partnering agreements in contracts have been around since the early 1980s. Although their use as a contracting strategy has been comparatively embraced by manufacturing industries, partnering comes under fire in project-related activities. This paper attempts to answer the call by Cook and Hancher for research on the subject. This paper also discusses a controversial benefit of partnering as it relates to project control. Some feel project control is the ability to dictate a course of action and demand those results. The military has another word for this ability—command. Command is the ability to give direction authoritatively and expect that direction to be followed. On the other hand, control is the ability to check and verify progress and the results. The purpose of this paper is to define in detail the art and science of control, and to illustrate how a partnering agreement effectively controls a project, as observed at the Air Force J-6 Special Program Office.

Partnering: Contracting for the Future

The construction industry must seek new strategies to lower costs and to gain a competitive advantage in a changing business environment. Partnering is one approach to conducting business in this new environment. This paper discusses the concept of partnering as a contracting strategy for construction companies and engineering firms. First, partnering is defined and key elements of partnering are addressed. These key elements include commitment, trust, and mutual advantage and opportunity. A discussion of partnering as a contracting strategy examines the use of partnering as a means to form strategic alliances for growth and as a means to strengthen a firm's competitive position. Barriers to the growth of partnering exist, and these barriers are presented. Some current partnering relationships are identified, and the paper concludes by presenting some guidelines on partnering. The guidelines pertain to partnering strategy development, partner selection, contract negotiation, and implementing a partnering agreement.