Campus Units

Civil, Construction and Environmental Engineering

Document Type

Article

Publication Version

Accepted Manuscript

Publication Date

2-2019

Journal or Book Title

Journal of Legal Affairs and Dispute Resolution in Engineering and Construction

Volume

11

Issue

1

First Page

06518005

DOI

10.1061/(ASCE)LA.1943-4170.0000283

Abstract

Construction project partnering in the United States has been used successfully for nearly 30 years in reducing disputes. Most partnered projects are characterized by the joint development of a nonbinding partnering charter between the owner and the contractor, which encapsulates the project’s goals and lays out the desired process for resolving issues at the lowest level. This paper explores the outcomes when partnered projects fail and the parties involved must turn to the courts to settle their disputes. The paper evaluates the case law for 16 partnered projects through content analysis and cross-case comparison. The paper explores the question of whether the good faith and fair dealing (GFFD) doctrine applies to partnering charters, potentially rendering them binding. The paper finds that while the courts have not yet directly applied GFFD to make a charter binding, there is sufficient cause to consider giving it the force of the contract.

Research Focus Area

Construction Engineering and Management

Comments

This is a manuscript of an article published as Pinto Nunez, Milagros, and Douglas D. Gransberg. "Critical Analysis of Case Law: Are Partnering Charters Binding?" Journal of Legal Affairs and Dispute Resolution in Engineering and Construction 11, no. 1 (2019): 06518005. DOI: 10.1061/(ASCE)LA.1943-4170.0000283. Posted with permission.

Copyright Owner

American Society of Civil Engineers

Language

en

File Format

application/pdf

Published Version

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