Innovative tool

The project alliance breaks new legal ground to some extent. There is no corresponding legal basis for either the multi-party contract or the issue of joint risk-bearing. Nevertheless, the freedom of contract allows such elements to be utilised.

In public construction, procurement law also requires that procurement for a project alliance must take place via a dialogue procedure. At cantonal level, this procedure is only applicable where it is permitted.

Compared to traditional methods of realisation, the dialogue procedure can result in increased effort for the selection of realisation partners.

Due to the decision-making mechanisms in the project management committees, which are based on the unanimity principle, the client must be able to delegate sufficient and well-qualified personnel with the required availability to the alliance committees.

Before deciding to implement a project alliance, the client must therefore consider whether this model is advantageous over the entire life cycle, taking into account all project objectives and the potential risks identified by the client. He only initiates the procurement procedure for a project alliance after a positive result.