Procurement of Construction Works and Services by the Public Sector – A critique of modern procurement law and practice
The recent proliferation of public sector procurement makes this an ideal area of research. The already seismic shift in public procurement and continuing evolution has and will significantly impact the construction industry. As such, the development of a knowledge base within this area will be invaluable. The research will look at the impact that the EU Directives and associated UK Procurement Regulations have had on public sector procurement of construction works and associated services (such as project management, architectural and engineering services). The geographical focus would be within the UK (with a comparative analysis of other EU Member States). The UK is a leading light, within Europe, in terms of procurement practice development:
• We have implemented our own set of legislative rules; coupled with recent amendments to those in pursuit of best practice;
• We have had a significant number of legal challenges setting precedents for the application of the rules on a European basis; and
• We have reissued our standard form contracts to reflect new procurement parameters.
That being said there have been some milestone decisions and developments in other member states as well. In order to contextualise and get best advantage from the research – it is fundamental that we identify these and their impact on procurement as a whole. The research would focus on: what the problems and the positives have been for the construction industry; the nature of procurement disputes & the Alternative Dispute Resolution (‘ADR’) mechanisms for resolution; and the impact of modern procurement practices on standard form contracting.
Dr. John Spillane