Cover image for Contracting for Better Places : A Relational Analysis of Development Agreements in Urban Development Projects.
Contracting for Better Places : A Relational Analysis of Development Agreements in Urban Development Projects.
Title:
Contracting for Better Places : A Relational Analysis of Development Agreements in Urban Development Projects.
Author:
van der Veen, M.
ISBN:
9781607504290
Personal Author:
Physical Description:
1 online resource (397 pages)
Series:
Sustainable Urban Areas, v. 26
Contents:
Title Page -- Contents -- Acknowledgements -- Introduction -- A fascination with urban development projects -- Projects covered by this study -- Research questions -- Case studies -- Review of the successive chapters -- Urban development projects and the problem of comparing contracts -- Characteristics of the projects -- The need for office space -- Demand for apartments -- Mixed neighbourhoods -- Focus on infrastructure -- Sustainable strategies -- Competitiveness -- Public-private cooperation -- Special project areas -- The concept of an urban development project -- Focal projects -- Special project approach -- Scientific positioning -- Comparing agreements from different legal systems -- Law-as-culture -- Functionalism -- Differences between common law and civil law -- Different mentalities -- Codifications, good faith and consideration -- Weighing up the differences -- Dimensions of a transaction -- Three approaches -- The law and economics approach -- The relational approach -- Transaction costs approach -- Balancing the above three positions -- The place of the contract in the context of the deal -- Conclusion -- Relational contract theory -- Introduction -- Four core propositions -- The definition of contracts -- Common contract norms -- Introduction -- Role integrity -- Mutuality and reciprocity -- Implementation of planning -- Effectuation of consent -- Flexibility -- Contractual solidarity -- The linking norms -- Creation and restraint of power -- Propriety of means -- Harmonisation with the social matrix -- Discrete and relational norms -- The discrete contract and the relational contract -- Three types of contracts-relation with discrete and relational norms -- The discrete and relational norms -- Characteristics of the discrete norm -- Characteristics of relational norms.

Using relational contract theory as a basis for a critique of the law -- The common contract norms in a broader perspective -- Relation between common contract norms and Dutch legal principles -- Unifying principles -- Criticisms of relational contract theory -- The criticism of formalism -- Critique of Macneil's ideas by other relationists -- Case methodology -- Brief summary of relational contract theory -- Methodology -- Development agreements -- Introduction -- Possible approaches to study of the selected agreements -- Nomenclature -- Significance of the term `development agreement' -- Names used to denote the development agreements in the case studies -- Aspects of the development agreement -- Positioning of the development agreement within the project universe -- Main functions of a development agreement -- Exchange -- Project statute -- Planning function -- Instrumental function -- Methodological approach of the case studies -- Introduction -- Description of urban development projects -- Focal projects -- Case study Battery Park City, New York. Plot 16/17 (The River House) and 18b (The Verdesian) in Battery Park City's North Residential Neighbourhood -- The urban development project: Battery Park City, New York -- Introduction -- Description of the area -- Description of the project -- Momentum -- Time frame -- History and background -- Project management -- Project finance -- Land ownership -- Affordable housing -- Environmental sustainability -- Other public facilities -- Involvement of the general public -- Goals of the project -- Delays -- Role of private actors in the project -- Public actors -- Critique -- Conflicts of power: State and City interests -- Focal projects: plots 16/17 (the River House) and plot 18b (the Verdesian) in the North Residential Neighborhood -- Introduction -- Positioning (area) -- Description of the project.

Momentum -- Pre-contractual procedure -- Time frame -- The contracting parties -- Other shareholders and stakeholders -- Involvement of the public -- Payments -- Which conflicts rose with respect to the project? -- How do parties deal with future conflicts? -- Affordable housing -- Environmental sustainability -- Other public facilities -- Goals of the project -- Delays -- Common contract norms -- Introduction: general sketch of the agreements -- Role integrity: equally discrete and relational -- Mutuality and reciprocity: more discrete than relational -- Implementation of planning: equally discrete and relational -- Effectuation of consent: more discrete than relational -- Flexibility: equally discrete and relational -- Contractual solidarity: equally discrete and relational -- The linking norms: restitution, reliance and expectation interests: equally discrete and relational -- Creation and restraint of power: equally discrete and relational -- Propriety of means: more discrete than relational -- Harmonisation with the social matrix: equally discrete and relational -- Balance of discrete and relational norms in the agreements for the Battery Park City projects -- Case Study Hudson Yards, New York. No. 7 subway extension -- The urban development project: Hudson Yards, New York -- Introduction -- Description of the area -- Description of the project -- Momentum -- Time frame -- History and background -- Project Management -- Project finance -- Ownership -- Affordable housing -- Environmental sustainability -- Other public facilities -- Involvement of the general public -- Goals of the project -- Delays -- Role of private actors in the project -- Public actors -- Critique -- Conflicts of power: State and City interests -- Focal project: the No. 7 subway extension -- Introduction -- Positioning (area) -- Description of the project -- Momentum.

Pre-contractual procedure -- Time frame -- The contracting parties -- Other stakeholders -- Involvement of the public -- Payments -- Conflicts that arose during the project -- Future conflicts -- Affordable housing -- Environmental sustainability -- Other public facilities -- Goals of the project -- Delays -- Critique -- Common contract norms in Hudson Yards No. 7 subway extension -- Introduction: General sketch of the agreements -- Role integrity: more relational than discrete -- Mutuality and reciprocity: more discrete than relational -- Implementation of planning: more relational than discrete -- Effectuation of consent: equally discrete and relational -- Flexibility: more relational than discrete -- Contractual solidarity: more relational than discrete -- The linking norms: restitution, reliance and expectation interests: more discrete than relational -- Creation and restraint of power: equally discrete and relational -- Propriety of means: equally discrete and relational -- Harmonisation with the social matrix: relational and discrete -- Balance of discrete and relational norms in the Hudson Yards agreements -- Case Study Amsterdam Zuidas. The Gershwin and Mahler4 projects -- The urban development project: the Amsterdam Zuidas -- Introduction -- Description of the area -- Description of the project -- Momentum -- Time frame -- History and background -- Project management -- Project finance -- Ownership -- Affordable housing -- Environmental sustainability -- Other public facilities -- Involvement of the general public -- Goals of the project -- Delays -- Role of private actors in the project -- Public actors -- Critique -- Conflicts of power: State and City interests -- Focal project: (1) The Zuidschans project within the Gershwin project area -- Introduction -- Positioning (area) -- Description of the project -- Momentum.

Pre-contractual procedure -- Time frame -- The contracting parties -- Other share- and stakeholders -- Involvement of the public -- Payments -- Which Conflicts arose with respect to the project? -- How do parties deal with future conflicts? -- Affordable housing -- Environmental sustainability -- Other public facilities -- Goals of the project -- Delays -- Focal project: (2) Mahler4 -- Introduction -- Positioning (area) -- Description of the project -- Momentum -- Pre-contractual procedure -- Time frame -- The contracting parties -- Other share- and stakeholders -- Involvement of the public -- Payments -- Conflicts -- Which conflicts rose with regard to the project? -- How do parties deal with future conflicts? -- Affordable housing -- Environmental sustainability -- Other public facilities -- Goals of the project -- Delays -- Common contract norms in the Gershwin (Zuidschans) contract -- Introduction: general sketch of the agreements -- The common contract norms on a discrete-relational scale -- Role integrity: more relational than discrete -- Mutuality and reciprocity: more relational than discrete -- Implementation of planning: equally relational and discrete -- Effectuation of consent: equally discrete and relational -- Flexibility: more relational than discrete -- Contractual solidarity: more relational than discrete -- The linking norms: restitution, reliance and expectation interests: more relational than discrete -- Creation and restraint of power: more relational than discrete -- Propriety of means: equally relational and discrete -- Harmonisation with the social matrix: more relational than discrete -- Balance of discrete and relational norms in the Gershwin contract -- Common contract norms in the Mahler4 contract -- Introduction -- Role integrity: more relational than discrete -- Mutuality and reciprocity: equally relational and discrete.

Implementation of planning: more relational than discrete.
Abstract:
Large-scale urban development projects aim to create better places in underused or deteriorated areas. For their realization, cooperation between planning authorities and market parties is indispensable. This book focuses on the development agreements that these parties close. It is suitable for academics as well as practitioners.
Local Note:
Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2017. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.
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