Collaborative Construction Procurement and Improved Value

'We have had a great deal written about the problems with construction procurement: what David Mosey succeeds in showing in Collaborative Construction Procurement and Improved Value is how construction contracts can improve it. (...) Mosey persuasively argues that statements of good intention, references to alliancing and partnering at the outset of a project, and vague exhortations to deal in “good faith” in contract forms are inadequate to create and maintain the commercial and legal bridges between team members. Instead, collaborative procurement is best achieved by robust underpinning from contracts that not only support but promote joint working. One of the core messages that comes out of the book is the potential for contracts to “reach beyond individual projects and support long-term collaborative relationships”. (...)In this book, Professor Mosey has demonstrated through extensive research that collaborative construction procurement, supported by robust contractual structures, has achieved measurable success across a range of projects. It is now up to the industry to take note.'

David Sawtell, Construction Law Journal, 2019, 35(6), 384-389

1.       Sir Rupert Jackson PC, retired Lord Justice of Appeal:

‘A successful procurement exercise or construction project is one in which all participants work together collaboratively to achieve a common end.  That is not easy to achieve because the participants each have their own commercial interests and reputations to protect. I have long believed that the mere inclusion of platitudes that "the parties will work together in good faith" adds little to the implied term of co-operation, and a series of recent cases have shown that such wording seldom avails the parties when a dispute erupts.
 
The present book goes far beyond platitudes.  It explores new ways of working and new contractual structures which can actually bring about collaborative working.  It demonstrates how the use of BIM can facilitate the ready sharing of information between members of the team.  It explains how the team members can benefit from the creation and development of a project alliance.  The research and case studies set out in this book will offer practical guidance to all who are working in the construction sector.’
 
 
2.       Matthew Bell, Senior Lecturer and Co-Director of Studies for Construction Law, Melbourne Law School:

 ‘For many in the construction industry, collaborative procurement is the holy grail. This new text by Professor David Mosey and leading practitioners from around the world provides a uniquely-valuable road map in pursuit of that goal. It not only explains the benefits of collaborative ways of working, it also helps industry professionals and their lawyers navigate the potential pitfalls by compiling a critical assessment of experience to date.
 
The text harnesses lessons learned and the value of technological innovations such as BIM. In this way, it provides both a ‘how to’ and ‘why to’ manual for realising the potential of collaborative construction procurement as we enter the third decade of the 21^st century. ‘
 
 
3.       Mark Farmer, CEO Cast Consultancy and author of ‘Modernise or Die’:

‘There is a crucial need to adopt an integrated procurement model in order to deliver projects more efficiently, for example through increasing ‘pre-manufactured value’ by moving processes from the final site into controlled manufacturing environments. I commend this book whose international co-authors have collated an excellent global reference point, demonstrating how organising projects differently can create better outcomes for all parties.
 
The recommended procurement and contract systems are shown to achieve better aligned interests by harnessing learning and relationships from project to project and by using value-based selection and remuneration techniques. Unless you can deliver specific value-adding expertise through integrated working behaviours, the construction world will become an increasingly difficult place to make money and survive. Reading this publication is a vital part of future-proofing yourself!’
 
 
4.       Ann Bentley, Construction Leadership Council Board Member and Rider Levett Bucknall Global Board Member:

 ‘As any harassed parent knows, telling restive children to “play-nicely” is no guarantee that they will. Collaboration is much the same, and a broad expression of collaborative intent is no guarantee of collaborative behaviour: it requires knowledge, structure and commitment.

With this comprehensive and far-reaching analysis, taking us from the birth of collaborative contracts to their relevance and use around the world, David Mosey and his King’s College team go a very long way to filling important knowledge gaps. Collaborative Construction Procurement and Improved Value should be recommended reading for anyone considering undertaking a construction project, and compulsory reading for their advisers. I commend David and his team for this work and the contributions that it will make to improving the way construction is procured and delivered.’
 
 
5.       Professor John Uff CBE QC:

‘This seminal work brings together the fruits of studies and writings spanning many years and encompassing many projects throughout the world under a variety of legal systems.  The need for collaboration in the construction process has been a constant theme in the search for procedures and systems which can harness the expertise and energies of parties with divergent commercial interests while avoiding disputes. 
 
Procurement is the point at which collaboration begins, with the choice of project alliancing for a single enterprise or a framework or other longer-term arrangement bringing wider opportunities for collaboration.  These extended relationships are supported by the authors’ work in developing the FAC-1 and TAC-1 models for which impressive case studies are described.  The key to success is seen as the development of personal relationships, enhanced by digital technology including BIM, shared knowledge and appropriate motivation.’
 
 
6.       Shelagh Grant, Chief Executive, Housing Forum:

 ‘David Mosey’s extensive knowledge of the construction industry, and his well thought through solutions to delivering the best possible outcomes, come over strongly in this work.  Many examples are given of the collaborative links and early interactions that help achieve good quality and good value in difficult and complex situations.

The elements of successful collaboration are clearly laid out with particular emphasis on the selection of and relationships between team members. The application of digital technology is shown to work in particular alliance with this approach.’
 
7.       Nick Barrett, Editor, Construction Law:

‘Anyone viewing a typical construction project sees the impressive collaboration that brings designs, people, machinery and materials together in the one place, but they may not see the dangerous divisions that still exist in construction’s procurement and contractual underpinnings.This book’s authors show how a new focus on collaborative procurement can treat many of the industry’s ills. Evidence has been gathered internationally, not just from the UK, that collaborative approaches can make a major difference to outcomes. 
 
The need for a new industry strategy has never been greater, particularly after the Grenfell Tower disaster and the Carillion collapse. Collaborative procurement approaches that can be easily adopted are detailed in these pages, with a diversity of case studies that should convince even the sceptical.’ 
 
8.       Jason Russell,Executive Director, Highways, Transport & Environment, Surrey County Council:

‘As a Local Government Director, I am being challenged as never before to reduce costs whilst improving outcomes for our communities.
 
This timely book demonstrates that bringing together the wider supply chain at the right time, with clear outcomes and underpinned by effective processes, can deliver significant benefits. It provides a practical guide, built on the experience of many projects that have delivered proven results over a number of years, and it is essential reading for anyone interested in getting better value from their construction projects.’
 
9.       Kevin Murray, Deputy Director - Construction & Property, Government Property Agency:

‘This book provides comprehensive evidence that lays waste to the myth that collaboration does not need contractual provisions, commitment and accountability.’
 
 
10.    Dr David Hancock, Construction Director, Infrastructure and Projects Authority, Cabinet Office:

‘Since the success of Terminal 5 Heathrow, I have been a great supporter of collaborative approaches and ECI for complex construction projects. This book recognises that collaboration may not be a universal panacea, and it sets out the arguments and opportunities that need to be debated prior to making procurement decisions. Where those opportunities outweigh the risks, it provides the foundations both contractually and behaviourally to ensure the best chance of success, with real examples from industry. 
 
This is a book that will benefit both the novice and the expert, providing a high-level overview and a dive into details for the practitioner to implement, without bias to a single contract type and with guidance on Alliance Contract forms for those who wish to realise their benefits.’
 
 
11.    Don Ward, Chief Executive, Constructing Excellence:

‘Many people have worked to implement the recommendations of Latham and Egan for construction reform, but few can match David Mosey’s first-hand experience and expertise in delivering the approaches which he promotes in this book with characteristic clarity and skill. He has probably worked on more collaborative projects than anyone else in the UK construction industry in the last two decades. He can literally point to billions of pounds worth of projects which he directly influenced and helped on a journey to implement better collaboration, using contracts and procurement routes as a key enabling tools.
 
Consequently, David has had more success and gained extensive first-hand knowledge of what works and what doesn’t, and the plentiful case studies throughout this book illustrate this so very well. I have been honoured to work alongside him, including in the trial projects programme on which he draws heavily, and I hope this book will provide many more people with access to his thinking, approaches and practical advice. I hope you find David’s experience and expertise as valuable as I have done, and that he convinces you to implement collaborative procurement just as energetically.’