Chapter 4: Rethinking contracting – from transactions to partnerships
The energy transition requires not just new technologies, but also a fundamental shift in how projects are structured and managed. Traditional contracting models — such as FIDIC contracts (based on international engineering and construction standards), Engineering, Procurement and Construction (EPC) agreements, Design–Bid–Build (DBB) structures, Build–Operate–Transfer (BOT) models, or simple Fixed Price contracts — are mostly cost-driven and rigid. While these approaches have worked in conventional infrastructure, they are poorly suited for the fast-changing and high-stakes environment of today’s energy projects. They often focus too narrowly on delivering a defined scope at the lowest cost, leaving little room for flexibility, shared value or long-term collaboration.
These models often prioritize short-term cost control and a “what's in it for me” foundation over long-term value, reinforcing siloed behaviors and discouraging the flexibility needed to navigate uncertainty. In all these models, success is defined in transactional terms: delivering a set scope at a set price. What gets lost is the relational perspective, where success means achieving shared outcomes such as project performance, decarbonization, resilience or community benefit. This leads to:
- Siloed incentives: Each party optimizes for its own KPIs, not the system’s performance.
- Change resistance: Contracts penalize flexibility, making it costly to adapt to new information or conditions.
- Trust erosion: Oversight mechanisms are designed for control, not collaboration, fostering defensiveness rather than joint problem-solving.
To unlock the full potential of collaborative partnerships, energy stakeholders should rethink the very foundation of their agreements. This means moving beyond transactional contracts toward models that enable co-investment, adaptive governance and shared accountability. In particular, the financing burden and the need for equitable cost-sharing highlight the limitations of rigid, winner-takes-all approaches. It’s a familiar problem: many parties, especially investors, speak of “partnership,” but once the contract is signed, the focus quickly shifts to “what’s in it for me”. Instead, contracts must be designed to distribute risk and reward fairly, fostering trust and long-term alignment.
Modern contracting approaches, such as relational contracting, alliance models and Vested, offer compelling alternatives. These models emphasize outcomes over inputs, and relationships over transactions. They create space for innovation by allowing parties to adapt to changing conditions without triggering costly renegotiations. Importantly, they embed governance mechanisms that promote transparency, joint decision-making and continuous improvement.
In the context of the energy transition, such models are not just preferable, they are essential. Yet today they are still not widely applied, often because they are less well known, misunderstood, or seen as complex compared to traditional, transactional contracts. Many organizations fall back on familiar models, even if these lead to misaligned incentives and delays, simply because procurement teams and legal departments are more accustomed to them. Overcoming this gap requires awareness, training, and practical examples that show relational models can be both effective and compliant. Whether coordinating multi-stakeholder permitting processes, integrating new technologies or managing complex supply chains, success now depends on the ability to collaborate across boundaries. Contracts must therefore evolve from instruments of control into enablers of cooperation. By embracing this shift, energy actors can build the resilient, adaptive partnerships needed to deliver on the promise of a sustainable future.9
Chapter 5: Vested – a model for collaborative success
As the energy transition speeds up, traditional contracting models can no longer handle the scale, complexity and uncertainty of today’s capital-intensive energy projects. The Vested model offers a powerful alternative — one that fosters strategic coordination, risk-sharing and long-term value creation across stakeholders. Developed by the University of Tennessee and based on extensive research, Vested is rooted in win-win economics and a focus on the relationship rather than the transaction.10
This well-tested methodology provides templates, frameworks and tools. Companies jointly develop contracts built on five guiding rules that shape how they work together and create lasting value:
- Build a business model that is outcome-based rather than transaction-based.
- Focus on the “what,” not the “how”; let the experts decide how best to deliver.
- Define clear and measurable outcomes that all parties commit to.
- Use a pricing model with smart incentives that drives joint success.
- Set up governance for insight, not oversight, to enable flexibility, transparency and trust.
In contrast to adversarial, cost-driven contracts that often pit parties against each other, Vested encourages collaboration by aligning incentives around mutual success. This is particularly critical in decarbonizing industry and infrastructure, where investments are large, timelines are long and risks are shared. Whether it’s electrifying industrial processes, deploying green hydrogen or upgrading grid infrastructure, Vested enables stakeholders to jointly navigate uncertainty and adapt to evolving conditions. It also offers a chance to restore a level playing field in markets where the balance of power has shifted, since equality is essential and win-win financial outcomes lie at the heart of relational contracts.
The model’s emphasis on outcomes ensures that all parties are committed to achieving strategic goals, such as reducing emissions or improving system flexibility, rather than merely fulfilling transactional obligations. Shared value creation allows partners to co-invest in innovation and efficiency, unlocking benefits that would be unattainable in siloed arrangements. It shifts the focus beyond simple cost savings and transactions, toward broader value drivers such as sustainability, customer satisfaction and benefits for local communities. By replacing rigid oversight with mutual insight, Vested builds trust and empowers teams to solve problems collaboratively, rather than defensively.
Transparent governance mechanisms, such as open-book accounting and joint performance reviews, further reinforce accountability and adaptability. These features are especially valuable in addressing financing challenges, where equitable cost-sharing and long-term affordability are essential. Vested’s approach also supports integrated planning across project phases and stakeholders, helping to overcome permitting delays and policy fragmentation. Just as importantly, the flexible nature of a Vested agreement allows partners to pivot when project scopes or circumstances change, without triggering conflict or costly renegotiations.
Ultimately, Vested is more than a contract; it’s a mindset shift. It transforms energy projects from transactional engagements into genuine transformation partnerships. By embracing Vested, stakeholders can unlock the full potential of collaboration, accelerating the energy transition in a way that is resilient, sustainable, and strategically coordinated, fostering shared success and increased stakeholder satisfaction.