The infrastructure, construction, and IT projects have long suffered challenges of cost overruns, delays, disputes and low productivity. To overcome these challenges, industries have started to adopt collaborative project delivery models. Project alliances and integrated project delivery models are gaining popularity in infrastructure and construction projects and variations of agile approach are utilised in most of new IT projects.
Proactive contracting literature suggests that in order to enhance the management of uncertainties in projects, companies should proactively prepare for contingencies already in the contracting process. Proactive contracting identifies the need for a change in companies’ approaches to project contracts. Scholars promote contract as a tool to increase cooperation, facilitate business performance and enable flexibility when changes to plans are needed. They also suggest that corporate lawyers should serve business objectives instead of prepare for possible litigation while contributing to contracts.