FAQs

How do I turn PPC2000 into a Strategic Partnering Contract?
Getting a large number of bodies to sign the documentation can prove very time-consuming. How should this best be overcome?
Can you use PPC2000 only for the construction phase of a Project?
Why have a Partnering Timetable?
Is a Pre-Possession Agreement always necessary?
Who should be Client Representative?
Who should be Partnering Adviser?
How can PPC2000 help to achieve supply chain integration?
How many times has PPC2000 been tested in adjudication, arbitration or litigation?

How do I turn PPC2000 into a Strategic Partnering Contract?
PPC2000 is designed as a Partnering Contract for a single Project.
It is possible to use it for a programme of similar works by treating each part of the programme as a “Section”, but only if Special Terms can be agreed that clarify the means by which the preconstruction phase of each Section will be triggered.

Frequently, it is simpler to create a separate bespoke Strategic Partnering Agreement overlaying a series of PPC2000 Contracts.

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Getting a large number of bodies to sign the documentation can prove very time-consuming. How should this best be overcome?
PPC2000 has the benefit of being one integrated multi-party contract in place of numerous two-party contracts, but this can create difficulties when it comes to arrangements for signature.

If there is no time or occasion for a single signing ceremony (and this can be a motivating event in itself ), then one approach is to agree by exchange of e-mails or faxes a date when all Partnering Documents are “frozen”, and then to arrange circulation of the Partnering Documents for signature by each Partnering Team member in turn.

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Can you use PPC2000 only for the construction phase of a Project?
This is possible if all designs, prices and other preparatory activities have been sufficiently advanced. However, to leave PPC2000 unsigned until this stage misses a major opportunity for collaborative working during the pre-construction phase when there is the most to gain.

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Why have a Partnering Timetable?
This clarifies individual and collective activities throughout the pre-construction phase, defining deadlines and recognising obstacles to be overcome. Without a Partnering Timetable, it is very difficult to integrate pre-construction phase processes so as to ensure that the team works effectively and does not lose valuable time.

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Is a Pre-Possession Agreement always necessary?
A Pre-Possession Agreement is a document to govern any early works on or off site ahead of full authorisation of the construction phase under the Commencement Agreement. If all preconstruction phase activities are foreseen and timetabled when the Project Partnering Agreement is originally signed up, then there would be no need to use a Pre-Possession Agreement and the next stage would be signature of a Commencement Agreement.

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Who should be Client Representative?
The Client Representative, whether an officer of the Client or an independent Consultant, is essentially a project manager. The Client Representative should have the skills of a project manager, able to fulfil its functions as described in PPC2000 “exercising any discretion fairly and constructively”.

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Who should be Partnering Adviser?
The Partnering Adviser is an independent individual outside the Partnering Team, offering guidance and support in activities such as concluding the Partnering Documents and supporting the partnering relationships and processes. It is a role recommended by the Construction Industry Council, distinct from the Client Representative and an important source of objective advice to ensure that PPC2000 achieves its intended purposes.

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How can PPC2000 help to achieve supply chain integration?
Specialists (i.e. sub-contractors, sub-consultants and suppliers) can be Partnering Team members when PPC2000 is first signed if their roles and responsibilities are fully agreed. If selected later, whether on the basis of a Business Case put forward by the Constructor or a competitive tender, they can sign Joining Agreements in order to acquire full Partnering Team membership.

Even if Specialists are not Partnering Team members, the Constructor should engage them wherever possible under the SPC2000 Specialist Partnering Contract. This is “back to back” with PPC2000 and includes, for example, Specialist involvement in preconstruction phase design development and risk management

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How many times has PPC2000 been tested in adjudication, arbitration or litigation?
It is a measure of PPC2000’s success that it is not yet the subject of any reported court case and that User Group members report the successful resolution of several differences and disputes through the Core Group.
To quote Sir Michael Latham:-“Some academic lawyers will say of PPC2000, as they also said of the NEC, that it should not be used because it has not been tested in the courts. The absence of courts is a plus, in my view. If you want a document that is regularly tested in the courts, you can use JCT 80” (Building, 10 May 2002).