Progressive Partnership Models

The progressive partnership model was developed for complex construction projects in which (for capacity or other reasons) an early contractual commitment of the contractors to the project is required or desired even before the exact definition of the construction target and before the planning is drawn up. Only after the contract has been concluded do the parties specify the service to be provided, the schedule required for implementation and the remuneration on the basis of the planning documents that are gradually received. The latter is based on contractually defined costs and surcharges as well as a bonus/malus system, which the parties also determine together after submission of all planning and other documents to define the construction target. As with the multi-party contract, this contractual model of private construction law also emphasises the cooperation of the parties to record and manage the construction task and to jointly develop and agree all the necessary parameters. On the one hand, the remuneration structure based on the cost & fee concept ensures that the commissioned party receives the costs incurred in realising the project. A bonus/malus system adapted to the specific challenges offers an additional incentive to adopt the objectives of the instructing party and to achieve them together as partners.

Our lawyers have developed the progressive partnership model for several extremely extensive and complex infrastructure projects of Amprion GmbH (Rhein-Main-Link and Corridor B) and were able to successfully get these projects off the ground as a result.