Every now and then Rudi Klein makes a worthwhile and original point, but his article “You’ve been warned” (17 September 2010, page 57) is not such an occasion.
The thrust is that anyone who advises the use of traditional contracting may be negligent.
The purpose of the article seems to be is to scare people away from using what they know, and to promote something they don’t. However, anyone advising on a procurement method, regardless of whether it is traditional contracting, partnering or some other approach, may be found to be negligent. Arguably the risk of adopting other approaches, particularly novel ones, increases the risk of being sued, simply because it is easier to prove that is not what most competent practitioners would have done. Stick with the tried and tested.
John Riches, arbitrator and adjudicator, Henry Cooper Consultants
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