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Cooperation and competition in complex construction projects Implementation of EU procurement rules in England and Belgium

Cooperation and competition in complex construction projects Implementation of EU procurement... Purpose – The purpose of this paper is to show that technical complexity in construction projects is intensified by complexity in public decision making. Public authorities need to build on the conflicting imperatives of fostering cooperation with their (potential) contractors and following strict procurement regulations to enhance competition. Design/methodology/approach – The paper uses a comparative analysis of the English and Belgian legal systems. The comparison is based on traditional legal analysis of the primary sources, cases and their scholarly comments. It is supplemented, when appropriate, by project management concepts. Findings – The analysis in the paper suggests that awarding authorities do not always resolve the conflict between cooperation and competition for themselves. There is a range of alternative techniques embedded in the legal system. Practical implications – The paper suggests that developing tools for successful construction processes requires perspectives building in both law and project management, taking into account the institutional contexts in which projects are carried out. Originality/value – The ways in which the implementation of EU procurement directives interacts with the dynamics particular to legal systems, and therefore diverges in their actual results, are often overlooked as the literature more often studies the harmonizing effects of these EU directives within the internal market. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Journal of Law in the Built Environment Emerald Publishing

Cooperation and competition in complex construction projects Implementation of EU procurement rules in England and Belgium

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References (32)

Publisher
Emerald Publishing
Copyright
Copyright © 2013 Emerald Group Publishing Limited. All rights reserved.
ISSN
1756-1450
DOI
10.1108/17561451311312829
Publisher site
See Article on Publisher Site

Abstract

Purpose – The purpose of this paper is to show that technical complexity in construction projects is intensified by complexity in public decision making. Public authorities need to build on the conflicting imperatives of fostering cooperation with their (potential) contractors and following strict procurement regulations to enhance competition. Design/methodology/approach – The paper uses a comparative analysis of the English and Belgian legal systems. The comparison is based on traditional legal analysis of the primary sources, cases and their scholarly comments. It is supplemented, when appropriate, by project management concepts. Findings – The analysis in the paper suggests that awarding authorities do not always resolve the conflict between cooperation and competition for themselves. There is a range of alternative techniques embedded in the legal system. Practical implications – The paper suggests that developing tools for successful construction processes requires perspectives building in both law and project management, taking into account the institutional contexts in which projects are carried out. Originality/value – The ways in which the implementation of EU procurement directives interacts with the dynamics particular to legal systems, and therefore diverges in their actual results, are often overlooked as the literature more often studies the harmonizing effects of these EU directives within the internal market.

Journal

International Journal of Law in the Built Environment – Emerald Publishing

Published: Apr 12, 2013

Keywords: European Union; Directives; Procurement; Construction works; England; Belgium; Complex projects; Partnering; Remedies; Transparency; Comparison England‐Belgium

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