Collaborative Construction Contracting
Collaborative contracting transforms how projects are approached, making sure everyone involved has a stake in the project’s success.
Whether you're an employer seeking to ensure assets are delivered exactly as you envisioned, or a contractor looking for predictable profits and opportunities to showcase groundbreaking work, collaborative contracting offers a path to success for everyone. It’s about working together towards a common goal and ensuring that all voices are heard, fostering a partnership where disputes are minimised and outcomes are maximised.
At Bird & Bird, we understand that successful collaborative contracting is more than just a legal framework – it’s about building lasting, productive relationships between all parties involved. That’s why our team of experts is here to guide you through every step of the process, ensuring you’re equipped to navigate the complexities of collaboration in construction.
This year, we’re actively involved in launching new collaborative contracts, including an updated early contractor involvement model and the new FIDIC collaborative contract. By leveraging our expertise, you’ll gain access to innovative solutions that can help you lead the way in your industry, with the full support of a team committed to your success.
When you choose to collaborate with us, you’re not just securing legal guidance – you’re partnering with a firm that is dedicated to turning your projects into success stories. Together, we’ll make your goals a reality.
Collaborative contracting is a project management and procurement approach that emphasises cooperation and mutual benefit among all parties. Unlike traditional methods, it aims to align the interests of project owners, contractors, and stakeholders for better outcomes.
Some key attributes of collaborative contracts include:
- Common objectives and shared benefits.
- Contractors providing input early on, during the design phase
- Open, honest communication to build trust
- Risks being actively managed and mitigated, promoting collaborative problem-solving
- Members from different organisations, including the supply chain, working together as a single unit
When seeking to adopt a collaborative method, we notice that clients regularly experience both a push and pull towards this approach. The push typically comes from previous negative experiences with a linear approach (which some might call a ‘traditional’ or ‘silo-based’ approach). The pull typically comes from the promise or expectation of a successful project.
The push factor
Encountering an array of challenges, resulting in delays and increased costs, often not unprecedented on large projects, satisfaction of all parties involved might be negatively impacted. Reflection on root causes my highlight an unstable foundation within the contractual relationship between parties, which makes it difficult to successfully build a complex project on.
The pull factor
A range of measures can mitigate the occurrence of the aforementioned challenges and associated impact thereof. One of these measures is adopting a collaborative contracting approach, which seeks to incentivise collaborative behaviour that contributes to:
- Performing a project within time and budget
- Meeting the qualitative requirements of a project, and even improving these
- Preventing discussions and disputes
- All parties having an overall more positive experience with the project
- Engaging contractors early improves planning and identifies risks, enhancing confidence and predictability
- Emphasising clear communication and regular check-ins aligns expectations and timelines, reducing misunderstandings
- Focusing on mutual benefits encourages joint problem-solving and continuous improvement, promoting a team attitude
- Open-book cost estimates and transparent processes build trust, preventing miscommunication and resolving issues before they escalate
Early Contractor Involvement (ECI)
On 15 May 2025 we launched the updated Dutch ECI model contract DG2025 at the premises of the Dutch Ministry of Real Estate. Together with PRO6 Managers, Witteveen + Bos and Tauw, Bird & Bird worked to prepare this model on a pro bono basis to further advance the construction market.
