IPD en France: Is It Legal

Abstract

Normal design and construction creates poor project outcomes and low productivity. Integrated Project Delivery (IPD) was introduced as a response to these and other shortcomings. Despite the advantages this method provides, IPD is not used in France. This paper discusses different interpretations of French procurement legislation and regulations. French procurement legislation is based on the European Directive 2014/24/EU on public procurement. Based on the way the Directive is understood in other EU countries this paper suggests that there is no legal reason why IPD cannot be used for both public and private construction in France. Some will doubtless suggest that this needs testing in the courts before they will risk using it. Limitations of this paper are that it is based on the opinion of a single French construction lawyer and observation of what happens in other EU countries. The implications of this paper for public and private sector clients in France are that they can consider using IPD for more complex projects in their portfolio; for practitioners it is a signal that they can start to learn how to deliver projects using IPD and Target Value Delivery (TVD); for francophone scholars there are whole new areas for research.