Designing the Legal Structure of Dispute Resolution in Construction Partnership Contracts: A Data-Driven Hybrid Analysis Aligned with International Joint Venture and Consortium Models

Abstract

Construction partnership contracts—particularly in modern forms such as joint ventures and consortiums—are today recognized as key instruments for the development of major economic infrastructure and national megaprojects. Countries facing legal challenges in drafting and implementing complex contracts require a fundamental revision of their contractual frameworks. The present research was conducted with the aim of formulating an indigenous legal framework for partnership-based construction contracts at the national level, grounded in international experiences and standards. The primary focus of the study is to examine structural weaknesses, legal gaps, and practical solutions for establishing an efficient contractual system in this domain. To achieve this objective, the research employed a qualitative approach using thematic analysis. The study population consisted of experts in construction law, architecture, and project management, selected through the snowball sampling method. Data were collected through semi-structured interviews and processed using a six-stage thematic analysis procedure, including coding, categorization, theme extraction, and thematic network analysis. Throughout this process, an interpretive approach was adopted to systematically represent expert perspectives and experiences and to develop a conceptual framework for designing joint venture and consortium contracts. The findings indicate that deficiencies in drafting obligations, the absence of a transparent legal structure, conflicts between domestic regulations and international requirements, and the lack of a specialized regulatory body constitute the most significant barriers to the implementation of partnership contracts in Iran. Accordingly, a conceptual model was proposed that, by emphasizing the standardization of contractual clauses, explicit definition of responsibilities, clarification of enforcement guarantees, and designing a dispute-resolution mechanism, can provide the foundation for effective execution of partnership arrangements. The results enable policymakers, project managers, and legal practitioners to more effectively draft and implement partnership contracts by developing a deeper understanding of the legal challenges and requirements.