Government building and construction projects are regularly being confronted with project delay and budget overrun. The consequences of these problems will ultimately have to be borne by taxpayers. Unexpected events, occurring in the course of the construction process, are an important underlying cause of such problems. Contracts are used as a means to prevent and control these problems and their consequences. Practice shows, however, that present contracts do not always provide sufficient answers. Contracts may even cause parties to be unwilling to co-operate in dealing with the said problems as a result of which the relationship between the parties becomes adverse, leading to a cycle of conflicts. A further cause of this may be found in the way in which contracts are being concluded. The purpose of this project is to find out how the prevention and control of problems and their consequences, occurring in the realization of complex government building and construction projects, can be improved by adapting both the process of conclusion as well as the content of contracts.

Researchers: Prof. dr. C.E.C. Jansen; Dr. Y.P. Kamminga; A.T.M. van den Borne; A.M. Kapteijn
Topic: Contracting with the government
Approach: General legal concepts and specific legal rules

• C.E.C. Jansen, ‘Beperking van aansprakelijkheid in de UAV-GC 2005: tijd voor een herziening?’, Tijdschrift voor Bouwrecht 2016/50, p. 334-345.
• C.E.C. Jansen & J.G.J. Janssen, ‘Marktconsultatie voorafgaande aan een aanbestedingsprocedure: pas toe of leg uit’, in: M.A.B. Chao-Duivis, J.M. Hebly en & E.J. Blom (Eds.), Van het gebaande pad. Opstellen aangeboden aan mr. A.G.J. van Wassenaer, Den Haag 2016: Instituut voor Bouwrecht, p. 239-251.
• Y.P. Kamminga, ‘Rethinking contract design: why incorporating non-legal drivers of contractual behavior in contracts may lead to better results in complex defense systems procurement’, Journal of Public Procurement, 2015 (15 (2)), 208.
• C.E.C. Jansen, Coherentie en integratie van juridisch-administratieve voorwaarden in de bouw. Jaarrede uitgesproken op 11 december 2014 tijdens de jaarvergadering van de Vereniging voor Bouwrecht, Tijdschrift voor Bouwrecht 2015/38, p. 206-213.
• Y.P. Kamminga en H. Dohmen, ‘Waarom betere contracten tot betere projecten leiden in de ICT’, Tijdschrift Conflicthantering 2014, p. 23-27.
• A.T.M. van den Borne, annotatie bij Hof Amsterdam 10 september 2013, ECLI:NL:GHAMS:2013:2858, Jurisprudentie Aanbestedingsrecht 2013/200.

News and agenda

Pim Huisman attended the workshop of the international network Public Contracts in Legal Globalization (PCLG) in Lausanne on 10 may 2019. The topic of this workshop was ‘Concessions and similar instruments’. Huisman presented a study of 5 cases concerning the exploitation of casino’s, public transport, mining, advertising objects and of parking garages

➢ International expert meeting 'Optimising public interests by competitive tendering'
On Thursday 25 January (afternoon) and Friday 26 January 2018 (morning) a well-attended international expert meeting took place at VU University Amsterdam about 'Optimising Public Interests by Competitive Tendering'.

➢ CPC-delegation attended workshop network ‘Public Contracts in Legal Globalization’
A delegation of CPC – Chris Jansen, Pim Huisman, Frank van Ommeren and Sophie Prent – attended the annual workshop of the international network Public Contracts in Legal Globalization (PCLG) in Paris on 15 december 2017.

➢ CPC hosts international expert meeting at VU University Amsterdam about Competitive Tendering
On Thursday 25 Januari 2018 (afternoon) and Friday 26 January (morning) 2018 an international expert meeting will take place at VU University Amsterdam about 'Optimising Public Interests by Competitive Tendering'.

➢ CPC hosting Research Network Public Contracts in Legal Globalization

The Spring workshop of the Research Network Public Contracts in Legal Globalization (PCLG) will be hosted by CPC on 22 and 23 June 2017 at Vrije Universiteit in Amsterdam. This workshop marks the launch of a new project of the Network: the impact of competitive tendering and its regulation on the formation and execution of public contracts and concessions.

➢ Masterclasses Public Procurement Law
As in previous years, VU Law Academy will organise in 2017 four masterclasses public procurement law (Masterclasses aanbestedingsrecht, only in Dutch) in close co-operation with CPC. These masterclasses will focus on topics that are currently under debate in public procurement practice. On May 17, the masterclass will be dedicated to ...

➢ IBR-chair Standardization and Conformity Assessment to CPC
The Dutch Institute for Construction Law (Instituut voor Bouwrecht, only in Dutch) provides the Law Faculty of Vrije Universiteit Amsterdam with € 25.000,- per annum for a period of five years, for the purpose of establishing a chair dedicated to Standardization and Conformity Assessment. This area is of great importance from the perspective of both administrative law in general and planning and construction law in particular...

➢ CPC contributes to government expert meeting on investigatory powers of municipal courts of audit
On December 5, 2016, CPC researchers Frank van Ommeren and Chris Jansen participated in an expert meeting organised by the Ministry of the Interior and Kingdom Relations. The meeting discussed whether municipal courts of audit have sufficient investigatory powers and whether legislation is needed as a means to deal with possible problems in this respect.

➢ Rianne Jacobs appointed professor of Legislation and Regulation
Vrije Universiteit Amsterdam has appointed Rianne Jacobs as honorary professor of Legislation and Regulation as of September 1, 2016. The Ministry of Security and Justice has helped establishing this endowed chair. Based on her experience as a legislation lawyer, Jacobs will investigate as CPC researcher issues regarding the transposition of public policy goals into legislation. Examples of such issues are: the implications of technological developments (digitalization) as well as Europeanization and globalization for legislation.

➢ University Research Chair granted to CPC researcher Jacobien Rutgers
Vrije Universiteit Amsterdam has appointed CPC researcher Jacobien Rutgers as full professor in the University Research Chair (URC) program as of January 1, 2017. VU University Research Chair (URC) is a selective and privileged appointment as full professor. The chair has been created to recognize ...

➢ International book project ‘Scarcity and the State’
CPC researcher Frank van Ommeren co-edited two books on the allocation of scarce public rights, in close co-operation with Paul Adriaanse (Leiden University), Willemien den Ouden (Leiden University) and Johan Wolswinkel ...


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