5.4  Legal Framework

Under the alliance approach, the alliance participants will be parties to the following primary agreements:

(a)  Alliance Development Agreement

The Alliance Development Agreement will be entered into between each of the Shortlisted Proponents and the Project Owner prior to the development of the Project Proposals during the AD Phase.

The ADA will govern the terms of the relationship between the Project Owner and the Shortlisted Proponents up to the point of execution of the Project Alliance Agreement and will address matters including the dispute resolution process, payments to the Shortlisted Proponent, insurance and the sharing of information between alliance participants.

Guidance Note: The Project Owner should base the Project's ADA on the National Alliance Contracting Template No 1Alliance Development Agreement; Department of Infrastructure and Transport, Commonwealth of Australia, March 2011.

(b)  Project Alliance Agreement

The Project Alliance Agreement will be entered into between the Successful Proponent and the Project Owner at the conclusion of the AD Phase. The PAA governs the delivery of the Project pursuant to the alliance arrangement and addresses matters including the alliance management structure, design and construction of the Works, performance of the Works and payment.

Guidance Note: The Project Owner should base the Project's Project Alliance Agreement on the National Alliance Contracting Template No 2Project Alliance Agreement; Department of Infrastructure and Transport, Commonwealth of Australia, March 2011.