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Cooperation and competition in complex construction projects: Implementation of EU procurement rules in England and Belgium

Yseult Marique (School of Law, University of Essex, Colchester, UK)

International Journal of Law in the Built Environment

ISSN: 1756-1450

Article publication date: 12 April 2013

626

Abstract

Purpose

The purpose of this paper is to show that technical complexity in construction projects is intensified by complexity in public decision making. Public authorities need to build on the conflicting imperatives of fostering cooperation with their (potential) contractors and following strict procurement regulations to enhance competition.

Design/methodology/approach

The paper uses a comparative analysis of the English and Belgian legal systems. The comparison is based on traditional legal analysis of the primary sources, cases and their scholarly comments. It is supplemented, when appropriate, by project management concepts.

Findings

The analysis in the paper suggests that awarding authorities do not always resolve the conflict between cooperation and competition for themselves. There is a range of alternative techniques embedded in the legal system.

Practical implications

The paper suggests that developing tools for successful construction processes requires perspectives building in both law and project management, taking into account the institutional contexts in which projects are carried out.

Originality/value

The ways in which the implementation of EU procurement directives interacts with the dynamics particular to legal systems, and therefore diverges in their actual results, are often overlooked as the literature more often studies the harmonizing effects of these EU directives within the internal market.

Keywords

Citation

Marique, Y. (2013), "Cooperation and competition in complex construction projects: Implementation of EU procurement rules in England and Belgium", International Journal of Law in the Built Environment, Vol. 5 No. 1, pp. 53-70. https://doi.org/10.1108/17561451311312829

Publisher

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Emerald Group Publishing Limited

Copyright © 2013, Emerald Group Publishing Limited

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