Melbourne Law School - Theses

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Type: Masters Research thesis × Start date: 2010 × End date: 2019 × Subject: construction law ×

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    Relationship contracting for the delivery of major projects: panacea or placebo?
    THOMAS, TREVOR ( 2011)
    This research investigates a range of legal issues with relationship contracts for the delivery of major construction and infrastructure projects. Historically, such projects have been delivered using a traditional form of construction contract. Relationship contracts attempt to foster a more productive working environment by shifting from a rights based culture to one based on collaboration. This research investigates a number of potential legal issues with this approach, including: the use of agreements to negotiate; collateral contracts; estoppel; fiduciary duties; good faith; and whether the dispute resolution mechanisms attempt to oust the jurisdiction of the courts.