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Legal remedies are incorporated into international construction joint ventures (ICJVs) to mitigate contractual breaches. The effectiveness of remedies is predicated on two conditions; the comprehensiveness of the contract and its enforceability within the jurisdiction of interpretation. Relational-related weaknesses contribute to contracting parties placing a premium on the contract's capacity for mediating the relationship. However, contracts are not always enforceable. This study aims to examine means by which joint venture relational governance can be maintained under conditions of minimal legal recourse.

A relational contracting (RC) theory was used as the theoretical underpinning of the paper. Data were collected and analyzed following a multiple-case study approach from case projects in which ICJVs' was used.

The findings reveal (1) 17 relational and contractual governance problems; the main six being contractual flexibility, contractual joint venture system, contract reviewing, project conflict, national culture and leader–follower transgressions; (2) relational and contractual governance problems are managed differently, depending on financing sources and partners' national culture; and (3) that a developed RC-based framework comprising four stages is able to facilitate relational and contractual governance in ICJVs.

This study is novel in providing a guided approach to developing non-legal remedies for the mitigation of contractual breaches in ICJVs, grounded in theory and contextualized for the construction sector.

This study aims to excoriate, define and delineate the main drivers of “change” in commercial construction projects and generate guidelines on how to minimise exposure to the associated adverse effects upon project stakeholders.

The research adopts mixed doctrines through a combination of epistemological lenses, embracing two primary philosophical stances: interpretivism, to identify the primary drivers of change based on a systematic literature review and a post-positivist, inductive approach to analyse the results of change within a Joint Contracts Tribunal (JCT) Design and Build (D&B) construction project case study.

The causal nexus of change during the construction phase is assessed and delineated; the key affecting factors are thematically grouped under headings: extent and severity; time in relation to implementing; instigating party; individual(s) responsible for managing the change; reason for the change; available resource; recoverable or non-recoverable; contract/project type; and type of client. Following this, the effects of change on key elements of the project are encapsulated and recommendations for adaptations which may provide improved experiences are offered.

The study tackles the common issue of managing the deleterious effects of change on commercial construction projects, defining management techniques to minimise stakeholder tribulation.

This article aims to establish a dynamic Energy Performance Contract (EPC) risk allocation model for commercial buildings based on the theory of Incomplete Contract. The purpose is to fill the policy vacuum and allow stakeholders to manage risks in energy conservation management by EPCs to better adapt to climate change in the building sector.

The article chooses a qualitative research approach to depict the whole risk allocation picture of EPC projects and establish a dynamic EPC risk allocation model for commercial buildings in China. It starts with a comprehensive literature review on risks of EPCs. By modifying the theory of Incomplete Contract and adopting the so-called bow-tie model, a theoretical EPC risk allocation model is developed and verified by interview results. By discussing its application in the commercial building sector in China, an operational EPC three-stage risk allocation model is developed.

This study points out the contract incompleteness of the risk allocation for EPC projects and offered an operational method to guide practice. The reasonable risk allocation between building owners and Energy Service Companies can realize their bilateral targets on commercial building energy-saving benefits, which makes EPC more attractive for energy conservation.

Existing research focused mainly on static risk allocation. Less research was directed to the phased and dynamic risk allocation. This study developed a theoretical three-stage EPC risk allocation model, which provided the theoretical support for dynamic EPC risk allocation of EPC projects. By addressing the contract incompleteness of the risk allocation, an operational method is developed. This is a new approach to allocate risks for EPC projects in a dynamic and staged way.

The purpose of this paper is to understand the post-COVID-19 fluctuations in the building construction demand from various angles at the national, regional, and sectoral levels. Despite the significant impact of COVID-19 on the building construction industry, a detailed quantitative analysis of the COVID-19 impact on the building construction demand is still lacking. The current study aims to (1) establish a statistical approach to quantify the COVID-19 impact on the building construction demand; (2) investigate the post-COVID-19 fluctuations in the construction demand of different building services, regional markets, and building sectors using the historical time series of the architecture billings index (ABI); and (3) identify vulnerable market and sector and discuss the post-COVID-19 recovery strategies.

The research methodology follows four steps: (1) collecting national, regional, and sectoral ABIs; (2) creating seasonal autoregressive integrated moving average models; (3) illustrating cumulative sum control charts to identify significant ABI deviations; and (4) quantifying the post-COVID-19 ABI fluctuations.

The results show that all the ABIs experienced a statistically significant decrease after COVID-19. The project inquiries index reduced more but recovered faster than billings and design contracts indices. The midwest billings index decreased the most among the regional ABIs and the commercial/industrial billing index dropped the most among the sectoral ABIs.

This study is unique in the way that it utilized the ABI data and the approach using SARIMA models and CUSUM control charts to assess the post-COVID-19 building construction demand represented by ABI fluctuations.

The number of construction dispute cases has maintained a high growth trend in recent years. The effective exploration and management of construction contract risk can directly promote the overall performance of the project life cycle. The miss of clauses may result in a failure to match with standard contracts. If the contract, modified by the owner, omits key clauses, potential disputes may lead to contractors paying substantial compensation. Therefore, the identification of construction project contract missing clauses has heavily relied on the manual review technique, which is inefficient and highly restricted by personnel experience. The existing intelligent means only work for the contract query and storage. It is urgent to raise the level of intelligence for contract clause management. Therefore, this paper aims to propose an intelligent method to detect construction project contract missing clauses based on Natural Language Processing (NLP) and deep learning technology.

A complete classification scheme of contract clauses is designed based on NLP. First, construction contract texts are pre-processed and converted from unstructured natural language into structured digital vector form. Following the initial categorization, a multi-label classification of long text construction contract clauses is designed to preliminary identify whether the clause labels are missing. After the multi-label clause missing detection, the authors implement a clause similarity algorithm by creatively integrating the image detection thought, MatchPyramid model, with BERT to identify missing substantial content in the contract clauses.

1,322 construction project contracts were tested. Results showed that the accuracy of multi-label classification could reach 93%, the accuracy of similarity matching can reach 83%, and the recall rate and F1 mean of both can reach more than 0.7. The experimental results verify the feasibility of intelligently detecting contract risk through the NLP-based method to some extent.

NLP is adept at recognizing textual content and has shown promising results in some contract processing applications. However, the mostly used approaches of its utilization for risk detection in construction contract clauses predominantly are rule-based, which encounter challenges when handling intricate and lengthy engineering contracts. This paper introduces an NLP technique based on deep learning which reduces manual intervention and can autonomously identify and tag types of contractual deficiencies, aligning with the evolving complexities anticipated in future construction contracts. Moreover, this method achieves the recognition of extended contract clause texts. Ultimately, this approach boasts versatility; users simply need to adjust parameters such as segmentation based on language categories to detect omissions in contract clauses of diverse languages.

This study aims to introduce and evaluate the COPULA framework, a construction project monitoring solution based on blockchain designed to address the inherent challenges of construction project monitoring and management. This research aims to enhance efficiency, transparency and trust within the dynamic and collaborative environment of the construction industry by leveraging the decentralized, secure and immutable nature of blockchain technology.

This paper employs a comprehensive approach encompassing the formulation of the COPULA model, the development of a digital solution using the ethereum blockchain and extensive testing to assess performance in terms of execution cost, time, integrity, immutability and security. A case analysis is conducted to demonstrate the practical application and benefits of blockchain technology in real-world construction project monitoring scenarios.

The findings reveal that the COPULA framework effectively addresses critical issues such as centralization, privacy and security vulnerabilities in construction project management. It facilitates seamless data exchange among stakeholders, ensuring real-time transparency and the creation of a tamper-proof communication channel. The framework demonstrates the potential to significantly enhance project efficiency and foster trust among all parties involved.

While the study provides promising insights into the application of blockchain technology in construction project monitoring, future research could explore the integration of COPULA with existing project management methodologies to broaden its applicability and impact. Further investigations into the solution’s scalability and adaptation to various construction project types and sizes are also suggested.

This research offers a comprehensive blockchain solution specifically tailored for the construction industry. Unlike prior studies focusing on theoretical aspects, this paper presents a practical, end-to-end solution encompassing model formulation, digital implementation, proof-of-concept testing and validation analysis. The COPULA framework marks a significant advancement in the digital transformation of construction project monitoring, providing a novel approach to overcoming longstanding industry challenges.

E-commerce is gaining popularity across the globe and Mauritian businesses are also increasingly making use of online platforms to engage in cross-border electronic transactions. However, there are several implications arising from online trading which need to be addressed, among which one is the validity of e-contracts. This research will therefore emphasise on two main components of e-contracts: choice of law and the applicable jurisdiction. While Mauritian laws were amended to give effect to digital signatures and e-agreements, there is no extensive or substantive domestic legal provision on choice of law and jurisdiction. Hence, the purpose of this study is to advocate for a greater clarity on the legal framework governing the applicable law and jurisdiction governing a conflict situation in e-contracts, with the view of increasing trust in international e-commerce and to bring in consistency with international commercial relations. This study will be carried out in the Mauritian context by adopting the black letter approach which will analyse the relevant rules and regulations concerning e-contract formation and validity. Additionally, a comparative analysis will be conducted on the legal framework relating to the applicable law and jurisdiction in e-contracts for selected countries: the European Union and the United States. These countries have been chosen for the comparison due to their high involvement in e-commerce and their advanced as well as comprehensive rules on e-commerce.

The era of digital construction, including building information modelling (BIM), has placed a high demand for a seamless collaboration of people, technology and processes in meeting a project delivery. The project actors involved in a BIM process must ensure compliance with all regulations and contractual requirements from inception. While many studies have disclosed the various contractual implications arising from BIM implementation, little has been examined on the current state of BIM in contract administration practice, particularly in the Malaysian construction industry. This study aims to explore the current state of BIM implementation with specific reference to a design-and-build construction project.

The exploratory case study involved the construction of a public complex. Semi-structured interviews were carried out with the project actors, and document analysis was performed on the project’s contractual guidelines to derive the findings.

Findings from the thematic analysis revealed the following five sequences of activities that guided the contract administration practices, particularly during the pre-contract and post-contract stages of a BIM-based construction project: project inception, tendering phase, detailed design, construction and preparation for the handing over phase. Most of the activities were conducted to deliver the final BIM outputs successfully. Nevertheless, some shortcomings were noted in the project monitoring, the validation process of the BIM deliverables and the BIM players’ competency level in fulfilling the specified BIM contractual requirements.

The study contributes to a practical understanding of how BIM can affect project administration and how a public client can improve contractual risk allocation in future BIM implementation.

This paper discloses the current practices of contract administration to better understand the impacts of BIM management during the pre-contract and post-contract stages of a BIM-based construction project.

The purpose of this study is to identify the antecedents of “power” and “dependence” attributes in the context of a construction project and to explore the impact of the antecedents on risk transfer and collaboration to develop a conceptual framework for decision-making.

A systematic review was performed using various databases to identify the antecedents and their measures. This review followed the established preferred reporting items for systematic reviews and meta-analyses protocols and 246 articles were identified. The articles were qualitatively analysed based on keyword co-occurrence approach using VOSviewer software.

The findings of this systematic review established latent constructs, that is, “clarity of procurement decisions”, “market structure” and “market competition” as antecedents of power and two antecedents of dependence, namely, “reputation” and “commercial importance”. And a framework was conceptualized to determine the contractual approach and the procurement design should be planned to take in account the scenarios and the course of action to enhance collaboration and control risk transfer.

To the best of the authors’ knowledge, this study is the first of its kind to identify the “antecedents” of the attributes of “power” and dependence and framework was conceptualized to determine the contractual approach.

To increase university–industry collaboration and research commercialisation, the Australian government recently introduced the Intellectual Property (IP) Framework, a set of online standard contracts. This follows a predecessor standard contract initiative, the IP Toolkit, which has not previously been evaluated. This paper aims to examine standard contracting in the innovation sector, tracing the policymaking behind the IP Toolkit using the lens of Macneil’s relational contract theory, to assess prospects of success for the new IP Framework, and similar initiatives in other jurisdictions.

This is a disciplined-configurative case study, drawing on qualitative secondary data analysis and applying Macneil’s relational contracting theory to guide case construction and generate hypotheses around likely success of standard contracting initiatives (stakeholder sentiment, stakeholder adoption). Within-case analysis process-traces development of the IP Toolkit, to discover what the policymakers wanted, knew and computed – and to detail observable implications Macneil’s theory predicts. Its themes are triangulated with multiple sources.

The case study, via Macneil’s theory, confirms the first hypothesis (resistant stakeholder sentiment) and partly validates the second hypothesis (low levels of adoption), demonstrating limited suitability of standard contracting in the dynamic and highly uncertain space of university–industry collaboration.

The study provides insights into the limited role that standard contracts can play in improving national collaborative research and development performance.

This is a novel theory-driven case study triangulated with previously unpublished data on the IP Toolkit’s website usage, and data from recent consultations on the new IP Framework. It has broader implications for other jurisdictions considering adoption of the standard contract model.