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Contract incompleteness with deficiency, inconsistency, defectiveness, and ambiguity in contract clauses, which can cause misunderstandings and misinterpretations, may result with disputes in projects. This study aims to investigate contract incompleteness factors with a hybrid fuzzy multi-criteria decision approach.

Contract incompleteness factors were ranked by fuzzy VIKOR (Visekriterijumska Optimizacija I Kompromisno Resenje) method, and the most significant factors were subjected to fuzzy decision-making trial and evaluation laboratory (DEMATEL) to examine their causal relationships. The study is not limited to ranking the identified factors solely, since their cause-effect interactions are also essential for proper risk management in construction projects.

Hybrid use of multi-criteria analysis reveals that ambiguity in enforceability including excessive demands and significant amendments in the scope of works are the top two causal contract incompleteness factors, while lack of implementation details and focus of focal point, and insufficient supporting and technical documents are the most affected ones.

Contractual causes of disputes due to contract incompleteness factors other than requirements of the contracts have been rarely investigated in the literature. The research is one of the first studies in the literature investigating the causal relationship among factors in construction contracts, which might lead to project disputes. Findings are expected to improve contract drafting, eventually contributing to effective risk management in construction projects.

The purpose of this paper is to examine combinations of contract clauses in order to ascertain which combinations correlate to high operational performance (OP).

Two hypotheses were formulated from contracting theory and tested on data collected from 45 projects. Fuzzy set qualitative comparative analysis was used and validated with multiple regression and simulation.

The hypotheses were tested to determine whether combinations of classical, relational, and/or associational contract clauses correlate to high OP. The results show that whereas high OP correlates to combinations of relational and associational contract clauses, classical and relational clauses should not be combined.

Directions are proposed to guide future research in order to produce a more nuanced testing of contractual complementarity.

The managerial implications of the findings include a more thorough understanding of the use of contract clauses and of which clauses managers should combine to achieve high OP.

This study contributes to the theory of contractual incompleteness and complementarity, specifically in the context of project contracting. The analysis produced two theoretical implications: first, that better performing contracts are created when combining relational and associational contract clauses; and second, that in projects, relational and classical contract clauses are not complementary with regards to realizing high OP.

There is a growing concern of the non-balance of the final output of construction works in comparison the financial resources invested with during the course of construction projects. One propelling factor to this is the opportunistic disposition often sought out by construction contractors. This study aims to investigate the relationship between construction contractors’ opportunism and construction project transaction costs from the viewpoint of construction professionals.

Questionnaire survey was deployed in eliciting responses from construction professionals. A total of 337 questionnaires were distributed and 264 were retrieved and deemed fit for analysis. Methods of data analysis used for the study are Mean Item Score, Kruskal–Wallis H-test, Student Newman Kauls Post Hoc Test, Factor Analysis, Spearman Rank Correlation and Regression Analysis.

The study showed that the most-ranked factor influencing contractors’ opportunism that affects transaction cost is “Unclear scope of work”. Revealed from the study is the differing view of construction professionals of the effect of contractors’ opportunism on transaction costs. Equally revealed through Spearman correlation analysis is the potent effect that contractors’ opportunism has on transaction costs. Likewise, the study established that there is a discovered difference among construction professionals’ perceived effect of contractors’ opportunism on construction transaction costs.

The study establishes the nexus between construction contractors’ opportunistic disposition and construction transaction costs, which are shown to be highly correlated. The study went further to recommend that efforts should be made to ensure that issues like contract documentation should be well and appropriately carried out; roles and responsibilities of stakeholders should be well defined so as to fully keep all parties to a contract abreast with the expectations of their duties in relation to the project objectives.

We survey several of the theoretical models that have been applied to the analysis of the GATT/WTO dispute settlement process. These include repeated game models, which emphasize the punishment aspect of dispute settlement, and incomplete contracting models, which emphasize the “gap-filling” aspect. Our analysis emphasizes the implications of these models for the strengthening of the dispute settlement process under the WTO and for its application to the TRIPS agreement. We also discuss how models of settlement bargaining can be applied to obtain empirical predictions about which cases will actually proceed to an actual finding by the dispute panel.

Frequent renegotiations within public-private partnership (PPP) have been recognised and affect project efficiency. Literature has focussed on diverse issues associated with renegotiation within PPP, especially in Latin America and Europe. However, a systematic summary what they have already provided appears lacking. Thus, the paper aims to conduct a critical review of publications concerning PPP renegotiation and explore the status quo, future interests and gaps in research.

This study carried out a four-phase literature review research framework to identify the quality PPP-renegotiation articles published from 2003 to 2020. Assessing the full articles for eligibility by providing a structured summary including: background; objectives; data sources; study appraisal; results; limitations; conclusions and implications of key findings. After that, filtering papers associated with PPP renegotiation in terms of the structured summary, and a total of 60 research papers were selected in the database of web of science and Scopus for review.

Methods adopted by researchers, research topics and theoretical foundations of PPP renegotiation research in different disciplines were identified through content analysis. Amongst the popular research topics identified were renegotiation factors, the outcomes with renegotiations, the framework to deal with renegotiations and contract design dealing with renegotiation based on rigid or flexible contracts.

This study contributes to the current body of PPP knowledge by revealing the research trend in the past 20 years. It also points out the directions that the renegotiations of PPP research may go towards in the future. Moreover, this study is very valuable in understanding how governments and concessionaires effectively handle renegotiations.

Reasonable risk sharing is the key to the smooth implementation of infrastructure public-private partnership (PPP) projects and the optimization of benefit distribution among the participants. This study aims to explore the risk redistribution ratio between the government and the private sector under different degree of fairness concern.

Renegotiation is a mechanism to provide flexibility and make up for incompleteness of PPP contracts. However, the threshold value of risk redistribution ratio and negotiation cost are not explicitly considered in previous studies. In addition, these studies do not consider the influence of the fairness concern psychology on the negotiation process. To address these gaps, based on risk-income equilibrium analysis, this paper established the bargaining optimization model of PPP projects renegotiation considering the fairness concerns of the negotiating parties. Furthermore, this study analyzed the influence of fairness concern degree on negotiation thresholds, negotiation results, and negotiation incomes under three scenarios.

The results showed that excessive focus on the fairness of incomes may exclude the risk redistribution ratio that is most beneficial to project incomes from the negotiation threshold. Moreover, the increase in the fairness concerns of negotiating parties can reduce the negotiation success period, but the net income may not necessarily be improved.

The main contribution of this paper is to propose a new risk renegotiation methodology based on the risk-income equilibrium analysis, which is helpful to develop risk management strategies in the construction field. The research results can provide government with reference about renegotiation in decision making and provide theoretical support for the practice of PPP renegotiation.

This paper analyzes economic, legal, behavioral and public policy issues pertaining to the accounting for employee stock options. The paper explains why employee stock options (ESOs) are superior to other forms of incentive compensation, why ESOs in their present form are inefficient and why particular accounting, legal and tax treatments will provide the optimal results for the economy, the government, management/employees and shareholders. The issues discussed in this article are relevant in ESO accounting, regulation of ESOs, incentive compensation, human resources analysis, tax policy, corporate governance, fraud, valuation of companies, derivatives regulation, behavioral analysis of law/rules, portfolio management and management strategy.

Construction contractors serve as economic partners to owners of construction projects, but often times, they could depict opportunistic tendencies which are to the detriment of the client. This study aims to focus on the awareness of construction professionals with respect to influencing factors of construction contractors’ opportunism.

A questionnaire survey was adopted in eliciting responses from construction professionals, namely, architects, quantity surveyors, builders and engineers. In total, 337 questionnaires were distributed, of which 264 were retrieved and deemed fit for analysis. Methods of data analysis used are mean item score, factor analysis, analysis of variance, Kruskal–Wallis and Student Newman Kaul post hoc test.

The study revealed that the level of construction professionals’ awareness of contractors’ susceptibility of opportunism is very high. Equally, the most ranked factor is “No sanction for not reporting inconsistency of drawings.” The postulated hypothesis was subjected to a test, and the result showed that there is a significant difference in professionals’ perceived level of awareness of factors responsible for contractors’ opportunistic behaviors.

The study brings to the fore professionals’ knowledge of the awareness of influencing factors to contractors’ opportunism. The established level of its awareness portends a dangerous trend and has a large negative impact on the construction industry as this opens a vista to discouraging prospective investors, developers and owners, taking into cognizance the effect this would have on the economy.

The purpose of this paper is to examine the supervening loss of inter-organisational trust in long-term commercial contracts. The underlying research question is whether contract law – the legal institution regulating economic exchanges – should intervene and enable a party to a long-term commercial contract to extricate itself from a situation where a relationship of trust has broken down irretrievably.

This paper uses doctrinal methodology and theoretical conceptualisation to answer the underlying research question. The legal instrument chosen for analysis purposes is the UNIDROIT Principles of International Commercial Contracts. This paper also draws on extant literature on inter-organisational trust (including conceptual and empirical studies) to support the arguments and propositions. Furthermore, this study proceeds to assess the substantive justifiability of the proposed remedial measure using four normative values: legal certainty and predictability, protection of the performance interest, economic efficiency and the preservation of the relation.

The central argument put forward in this paper is the reformulation of draft Article 6.3.1 proposed by the UNIDROIT Working Group on Long-Term Contracts, which confers a novel right to terminate for a compelling reason. This paper presents a multidimensional model of inter-organisational trust that would serve as the conceptual framework for the proposed reformulation of the provision and establishes a coherent juridical basis for the legal solution that would accord with the Principles of International Commercial Contracts’ general remedial scheme. As for the normative assessment, this paper demonstrates that the proposed remedial measure would significantly promote efficient outcomes and positively serve the norms of legal certainty, protection of the performance interest and the preservation of the relation.

This paper addresses the lacuna in current legal scholarship in relation to the adverse socio-economic effects following trust violation and deterioration in inter-organisational relationships. Additionally, the propositions and findings should contribute to the workings of the UNIDROIT in adopting new rules and principles that would serve the special requirements of cross-border trade.