FAQ

FAQ: Project partners

• B.1 Do the realization partners legally form a joint venture?

  No, the alliance contract as defined in the Factsheet SIA 2065 is a bilateral contract between the client and each of the realization partners individually, according to which the client orders planning and construction services (as well as other services, if applicable) from the realization partners and promises them remuneration and their cooperation in return.

  The realization partners promise the client the execution of the services assigned to them for the contractually agreed remuneration as well as their cooperation. This is a multi-party contract in that all alliance partners promise each other diligence, loyalty and cooperation in a spirit of partnership.

  However, the client does not establish a joint company with the realization partners, neither formally nor de facto, and there are no joint assets. The client pursues the goal of obtaining a building in accordance with his requirements, and the realization partners pursue the goal of performing work, generating sales and acquiring experience or references through the project.

  The fact that the special risk and remuneration agreements of the alliance agreement mean that all alliance partners are jointly interested in the success of the project (because their own success depends directly on it) does not mean that the client and the realization partners are pursuing a common purpose in the sense of corporate law and would pool resources and work for this purpose.

• B.2 What role do the client's internal service providers play in the project alliance?

  Some clients have internal providers of planning, construction or other services required as part of a construction project. When tendering for a project alliance, the client can stipulate that certain services are to be provided by its internal service provider.

  If the internal service provider that is to take over project-related tasks is a legally separate entity from the client (e.g. a subsidiary of the client), it becomes either a regular realization partner or a subcontractor of an alliance partner (generally the client).

  However, if the internal service provider that is to take on project-related tasks is a legally dependent entity of the client, the client becomes an implementation partner to the corresponding extent and must be treated as such, particularly with regard to cost transparency in the context of determining the target costs.

• B.3 Can further implementation partners be integrated into the project alliance in the course of the project?

  In principle, all members of the project alliance should be involved in the alliance contract from the very beginning (“early contractor involvement” principle).

  In special cases, it may be sensible and necessary to involve an additional implementation partner in the project alliance at a later stage. The prerequisite for this is that all alliance partners agree and reach agreement with the new partner on the necessary agreements.

• B.4 How are subcontractors chosen?

  Subcontractor services are commissioned by the most suitable alliance partner. The contract is awarded following approval by all realization partners.

  The client should reserve a right of veto in the alliance agreement (as is often the case in traditional contractual relationships), which it can exercise if there are appropriate reasons. This applies in particular to public clients, who must subject every subcontractor to a procurement review.