Freedom for Contractors – Cross-border analysis on the solution space for contractors within infrastructure projects

Abstract

Stimulating cross-border contracting is one of the main objectives of the European Union
according to the Green-book on modernising the EU-policy regarding tendering. They
intend to make the European market better accessible for contractors to compete in other
European countries. This would result in a reduced public expenditure by increasing the
competition on the market. However, there are also some barriers that need to be
overcome when considering cross-border contracting. Removing or reducing these barriers
will create opportunities for the construction industry.
Besides cross-border contracting, the rise of integrated contracts, and especially
those involving private investors, is an additional opportunity for the construction industry to
grow further and ensure continuity. The integral approach has to improve overall project
performance by providing freedom or solution space to the market. This freedom is also
linked to a certain responsibility the contractors have to take on, which can benefit the
project. The development to an integral approach and more freedom for the contractor is
not the same in every country or project; integrated contracts can be interpreted very
differently.