ABSTRACT
This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book argues that traditional contract forms make a strict distinction between tasks and responsibilities of the various parties. It discusses the art of performance management, monitored through the wise use of key performance indicators. The book explores some best practices acquired in the project management field with approaches being developed in the legal arena, both on the procurement as on the contracting law and dispute avoidance and resolution side. It analyses to what extent contracting techniques and management processes – whether or not achieved by means of public procurement procedures – may contribute to ‘successful projects’. In many US states, the state departments of transport have developed official partnering programmes that consist of a series of workshops creating awareness, focusing on parallel interests and on techniques to be deployed to develop a spirit of mutual trust and transparency.
