No.

Subject

Traditional contract

Alliance contract

Material difference and trade-off between traditional contract and alliance contract

4

Provision of documentation

In a general sense, the Contractor's obligation to make available to the Principal its records and documentation in respect of the contract is limited to:

documents in respect of the work under the Contract (including the Design Documents and as constructed drawings);

documents evidencing the insurances taken out by the Contractor under the contract; and

documents to accompany claims for payment under the contract.

The Participants commit to maintaining a transparent 'open book' arrangement under the alliance contract allowing access to any documentation and information relating to the Works.

This commitment includes:

maintaining all records and other documentation relating to the project; and

making the records and other documentation available to each other (or each Participant's auditor).

The alliance contract also contains broad access and audit rights for each Participant.

Under a traditional contract, the Contractor's obligation to make available to the Principal its records and documentation in respect of the contract is limited.

Under an alliance contract, the Participants commit to a transparent 'open book' arrangement and have much broader and mutual access and audit rights. However, the NOPs may have reciprocal access and audit rights in respect of the Owner's records and documentation (in circumstances where the Owner's costs are recorded as Direct Costs under the alliance contract). The effect of these provisions is that there is open book transparency under the alliance contract which complements the Participants' commitments to act in good faith* and in accordance with the Alliance Charter. The provisions are also important for the Owner given the cost reimbursable nature of an alliance contract.