File Download

There are no files associated with this item.

  Links for fulltext
     (May Require Subscription)
Supplementary

Article: Alliancing in Australia - No-litigation contracts: A tautology?

TitleAlliancing in Australia - No-litigation contracts: A tautology?
Authors
KeywordsAustralia
Contracts
Legal Factors
Litigation
Issue Date2006
PublisherAmerican Society of Civil Engineers. The Journal's web site is located at http://scitation.aip.org/dbt/dbt.jsp?KEY=JPEPE3
Citation
Journal Of Professional Issues In Engineering Education And Practice, 2006, v. 132 n. 1, p. 77-81 How to Cite?
AbstractA project alliance is a business strategy whereby client and commercial participants' objectives are aligned. This paper takes an alliance project between public and private organizations in Queensland, Australia as a case study and reports the critical factors identified that influence the success of the alliance project. Alliancing is a system that provides a collaborative environment and a framework to adapt behavior to project objectives. It is about sharing resources and experiences, exposing the "hidden" risks. The case study suggests that leadership has a strong influence on the alliance climate. Commitment and action by the Project Alliance Board (and, so, parent organizations) have a strong impact on the team and alliance culture, indicating alliancing has a high chance of failure when there is inadequate support from top management. Like all relational contracting approaches, trust between alliance partners is important. This case study project takes a further step toward reinforcing the trust element by placing a No-Dispute clause in the alliance agreement. A review of the effects of the no-litigation clause upon the project team is presented. The writers conclude that without a positive approach to relationship management, a No-Dispute approach is impossible. Hence, they postulate that a "no-litigation" alliancing contract is essentially tautological, and go on to argue that a no-litigation contract cannot exist without the help of a clear relational vision, that leads to both soft and hard infrastructure to assist in decision making and relationship building. © ASCE.
Persistent Identifierhttp://hdl.handle.net/10722/168737
ISSN
2015 Impact Factor: 0.538
2015 SCImago Journal Rankings: 0.600
ISI Accession Number ID
References

 

DC FieldValueLanguage
dc.contributor.authorRowlinson, Sen_US
dc.contributor.authorCheung, FYKen_US
dc.contributor.authorSimons, Ren_US
dc.contributor.authorRafferty, Aen_US
dc.date.accessioned2012-10-08T03:31:57Z-
dc.date.available2012-10-08T03:31:57Z-
dc.date.issued2006en_US
dc.identifier.citationJournal Of Professional Issues In Engineering Education And Practice, 2006, v. 132 n. 1, p. 77-81en_US
dc.identifier.issn1052-3928en_US
dc.identifier.urihttp://hdl.handle.net/10722/168737-
dc.description.abstractA project alliance is a business strategy whereby client and commercial participants' objectives are aligned. This paper takes an alliance project between public and private organizations in Queensland, Australia as a case study and reports the critical factors identified that influence the success of the alliance project. Alliancing is a system that provides a collaborative environment and a framework to adapt behavior to project objectives. It is about sharing resources and experiences, exposing the "hidden" risks. The case study suggests that leadership has a strong influence on the alliance climate. Commitment and action by the Project Alliance Board (and, so, parent organizations) have a strong impact on the team and alliance culture, indicating alliancing has a high chance of failure when there is inadequate support from top management. Like all relational contracting approaches, trust between alliance partners is important. This case study project takes a further step toward reinforcing the trust element by placing a No-Dispute clause in the alliance agreement. A review of the effects of the no-litigation clause upon the project team is presented. The writers conclude that without a positive approach to relationship management, a No-Dispute approach is impossible. Hence, they postulate that a "no-litigation" alliancing contract is essentially tautological, and go on to argue that a no-litigation contract cannot exist without the help of a clear relational vision, that leads to both soft and hard infrastructure to assist in decision making and relationship building. © ASCE.en_US
dc.languageengen_US
dc.publisherAmerican Society of Civil Engineers. The Journal's web site is located at http://scitation.aip.org/dbt/dbt.jsp?KEY=JPEPE3en_US
dc.relation.ispartofJournal of Professional Issues in Engineering Education and Practiceen_US
dc.rightsJournal of Professional Issues in Engineering Education and Practice. Copyright © American Society of Civil Engineers.-
dc.subjectAustraliaen_US
dc.subjectContractsen_US
dc.subjectLegal Factorsen_US
dc.subjectLitigationen_US
dc.titleAlliancing in Australia - No-litigation contracts: A tautology?en_US
dc.typeArticleen_US
dc.identifier.emailRowlinson, S:hrecsmr@hkucc.hku.hken_US
dc.identifier.authorityRowlinson, S=rp01020en_US
dc.description.naturelink_to_subscribed_fulltexten_US
dc.identifier.doi10.1061/(ASCE)1052-3928(2006)132:1(77)en_US
dc.identifier.scopuseid_2-s2.0-33646579093en_US
dc.identifier.hkuros115890-
dc.relation.referenceshttp://www.scopus.com/mlt/select.url?eid=2-s2.0-33646579093&selection=ref&src=s&origin=recordpageen_US
dc.identifier.volume132en_US
dc.identifier.issue1en_US
dc.identifier.spage77en_US
dc.identifier.epage81en_US
dc.identifier.isiWOS:000234328700013-
dc.publisher.placeUnited Statesen_US
dc.identifier.scopusauthoridRowlinson, S=7003696228en_US
dc.identifier.scopusauthoridCheung, FYK=13409979100en_US
dc.identifier.scopusauthoridSimons, R=7202166495en_US
dc.identifier.scopusauthoridRafferty, A=7007114473en_US

Export via OAI-PMH Interface in XML Formats


OR


Export to Other Non-XML Formats