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Article
Publication date: 28 February 2019

Lihan Zhang, Peter Fenn and Yongcheng Fu

The purpose of this paper is to identify and analyse factors that affect contractors’ behavioural strategies in resolving disputed claims.

Abstract

Purpose

The purpose of this paper is to identify and analyse factors that affect contractors’ behavioural strategies in resolving disputed claims.

Design/methodology/approach

Factors were explored by a literature review and an open-ended questionnaire survey. In total, 9 hypotheses involving 12 factors were developed accordingly. Then a structured questionnaire survey was conducted, and 248 valid questionnaires were received from Chinese contractors. Partial least squares structural equation modelling was employed to test the hypotheses.

Findings

Factors that have the largest impacts on the contractual approach and the relational approach regarding obliging and compromising are favourability of evidence, time pressure and reputation, respectively. Unexpected results show that obliging behaviours are negatively correlated with procedural fairness but positively correlated with occurrence time of the dispute.

Research limitations/implications

The results are based on correlation, although the research design improves the internal validity. Furthermore, this study belongs to single-level research. In the future, researchers can conduct multilevel research to enrich theories.

Practical implications

The findings not only enhance practitioners’ understanding of the factors influencing contractors’ behavioural strategies when dealing with disputed claims, but also offer insights into both parties’ ex ante focus of attention on specific factors to facilitate the subsequent dispute resolution.

Originality/value

This study furnishes a nuanced picture of multiple factors’ impacts on contractors’ behavioural strategies of claim-related dispute resolution, and thus supplements the relevant construction dispute management literature. From the perspective of contractual governance, it is one of those exploring drivers of contract application in problem situations. It extends the body of knowledge on this topic and hopefully will encourage more research on contractual governance from the reactive perspective.

Details

Engineering, Construction and Architectural Management, vol. 26 no. 3
Type: Research Article
ISSN: 0969-9988

Keywords

Article
Publication date: 1 October 2004

Sandro Montresor

The aim of the paper is to point out some investigation lines which might result useful in building‐up a theory of the firm based on its resources, capabilities and competences…

4356

Abstract

The aim of the paper is to point out some investigation lines which might result useful in building‐up a theory of the firm based on its resources, capabilities and competences (RCC). While the focus on RCC has helped to address some limitations of the standard contractual paradigm, a positive RCC theory of the firm hesitates to take‐off as its operationalization is still at an early stage. In order to move further towards this task, the paper suggests to: distinguish the nature of the problems of the contractual perspective which an alternative theory should solve (Section 2); identify those RCC features which are essential in connecting them to the core issues of the theory of the firm, that is, existence, boundaries and organization (Section 3); evaluate the implications of any hybridisation attempt between the two firm perspectives (Section 4). The paper then moves some exploratory steps along these research directions, providing some arguments about the opportunity to pursue them further.

Details

Journal of Economic Studies, vol. 31 no. 5
Type: Research Article
ISSN: 0144-3585

Keywords

Article
Publication date: 1 June 1997

Jerry Hallier and Philip James

Despite increasing research interest in the psychological contract, little is known about how employees’ contractual beliefs alter during major organizational changes. Using a…

3663

Abstract

Despite increasing research interest in the psychological contract, little is known about how employees’ contractual beliefs alter during major organizational changes. Using a sample of air traffic control workers who have been used to stable work roles over long periods, examines employees’ contractual responses to enforced job change. As job change approached, contractual acceptance or violation was engendered by sensemaking appraisals of management decisions, the meaning given to premove uncertainties, and perceptions of victimization. Following job change, sense‐making continued and eventually yielded either a calculative assessment of the employment relationship or feelings of sustained violation. While sustained violation was accompanied by visible expressions of resistance against management, such acts represented a desire to reinstate the established employment relationship. Conversely, workers who accommodated the personal outcomes of management breaches became less committed to a contractual relationship, and resolved to exploit management weaknesses and omissions. These divergencies reflected how the contractual meanings given to single breach events were kept separate from panoptic assessments of management’s entire body of behaviour during the reorganization.

Details

Employee Relations, vol. 19 no. 3
Type: Research Article
ISSN: 0142-5455

Keywords

Article
Publication date: 19 February 2024

Murali Jagannathan, Vijayeta Malla, Venkata Santosh Kumar Delhi and Venkatesan Renganaidu

The dispute resolution process in the construction industry is known for delays in settlement, with some cases even escalating to complex arbitration and litigation. To avoid…

Abstract

Purpose

The dispute resolution process in the construction industry is known for delays in settlement, with some cases even escalating to complex arbitration and litigation. To avoid conflicts turning into disputes, the parties need to be proactive in identifying and resolving conflicts in their nascent stages. It is here that innovative lean construction practices can potentially act as a game-changer to avoid disputes, and this study aims to attempt to understand this phenomenon empirically.

Design/methodology/approach

A questionnaire-based empirical study, followed by semi-structured interviews, is conducted to understand the relevance of key tenets of lean principles in dispute avoidance.

Findings

Although stakeholders agree on the usefulness and practicality of lean principles in dispute avoidance, the extent of agreement is lesser when it comes to its implementation practicality. Moreover, there is a demographic influence observed on lean tenets such as “open communication”, “stakeholder collaboration” and “constraint identification”.

Practical implications

The results point towards an approach that combines contractual mandate, training and awareness creation to iron out the differences in the usefulness and practicality of lean approaches to avoid disputes.

Originality/value

Lean implementation is widely discussed in many construction contexts, such as sustainability, productivity improvement and planning. However, a discussion on lean philosophy’s role in dispute avoidance is muted. Therefore, this study assumes significance.

Details

Construction Innovation , vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1471-4175

Keywords

Book part
Publication date: 22 September 2009

Eric Brousseau and Stéphane Saussier

There exists a tremendous number of studies in strategy and management journals concerning contracting issues between private firms. Those studies are usually grounded in…

Abstract

There exists a tremendous number of studies in strategy and management journals concerning contracting issues between private firms. Those studies are usually grounded in competing theoretical frameworks such as transaction cost economics, the resource-based view of the firm, incentive and agency theories and few others. However, very few studies, especially in those reviews (this is also true to a lesser extent in economic journals), are concerned with the issue of contracting between private firm and government. This is particularly surprising since existing theoretical frameworks qualified to tackle contracting strategies between private firms can also provide insights into issues related to contracting with government.

Details

Economic Institutions of Strategy
Type: Book
ISBN: 978-1-84855-487-0

Article
Publication date: 1 May 1988

Jo Carby‐Hall

In the previous monograph, a discussion took place on what constitutes dismissal and when the termination of the contract of employment takes effect. These two aspects treat the…

Abstract

In the previous monograph, a discussion took place on what constitutes dismissal and when the termination of the contract of employment takes effect. These two aspects treat the first of the statutory qualifications necessary to enable the employee to exercise his right not to be unfairly dismissed, namely that he must first be dismissed.

Details

Managerial Law, vol. 30 no. 5
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 January 1996

Eduardo Bueno Campos

This paper aims to find out the “state of the art” of research into tourism enterprises in Spain and the work carried out over the last thirty years. The methodology proposed to…

Abstract

This paper aims to find out the “state of the art” of research into tourism enterprises in Spain and the work carried out over the last thirty years. The methodology proposed to make this assessment is an analysis based on the research programmes, theoretical approaches and basic principles which make up the body of current Business Economics teaching. Once this has been accomplished, the contributions of the selected works — a total of ten — are subsequently analysed. These works reflect the main lines of research followed and take up the characteristic theoretical approaches and conceptual principles that comprise current knowledge of the area, particularly from the most classical perspective.

Details

The Tourist Review, vol. 51 no. 1
Type: Research Article
ISSN: 0251-3102

Keywords

Article
Publication date: 17 July 2023

Junjun Liu, Yuan Chen and Qinghua Zhu

This study aims to develop a comprehensive green supplier governance (GSG) concept and explore whether specific GSG approaches (green supplier assessment, green supplier…

Abstract

Purpose

This study aims to develop a comprehensive green supplier governance (GSG) concept and explore whether specific GSG approaches (green supplier assessment, green supplier assistance and green strategic partnership with suppliers (GSPS)) bring environmental and economic performance. Moreover, this study aims to reveal a synergistic effect of three GSG approaches on performance improvement.

Design/methodology/approach

Using data collected from 200 Chinese manufacturing firms, regression analysis was employed to reveal the relationship between specific GSG approaches and firm performance. Further, cluster analysis was used to identify groupings of firms regarding implementation levels of three GSG approaches and compare the performance of the firm groups.

Findings

Green supplier assessment (GSA) can bring environmental performance, but GSA is not associated with economic performance. Green supplier assistance is positively associated with economic performance, while green supplier assistance cannot improve environmental performance. Only GSPS leads to improvement for both environmental and economic performance. Furthermore, firms with high implementation levels of GSA and GSPS (whether with high or low implementation levels of GSAS) can achieve the best environmental and financial performance.

Practical implications

This study provides implications for firms to more strategically and comprehensively implement GSG approaches, which can be more effective in bringing environmental and economic performance.

Originality/value

The authors' study extends the GSG concept with two approaches by subdividing the collaborative approach into green supplier assistance and GSPS based on the collaboration levels. This study also sheds light on how to improve firm performance by different GSG approaches and reveals a synergistic effect of three GSG approaches on performance.

Details

International Journal of Physical Distribution & Logistics Management, vol. 53 no. 9
Type: Research Article
ISSN: 0960-0035

Keywords

Article
Publication date: 1 February 1998

Abdun Noor

Ever since men began living in society, thinkers and philosophers aimed at defining the goal of human beings to attain in order to lead a good life. An individual, according to…

Abstract

Ever since men began living in society, thinkers and philosophers aimed at defining the goal of human beings to attain in order to lead a good life. An individual, according to Plato, is insufficient by himself. Such insufficiency can be overcome only when he joins with others to meet mutual needs. Society is thus a relationship of mutual co‐operation and exchange (Aristotle, Al‐Farabi). In this relationship, everybody expects that ‘justice’ should be done to ensure one's due. Therefore, justice is the supreme value of the society. A societal condition is said to be just or a good or happy one, where everybody is ensured of his due. On the other hand, an unjust or unhappy society is that where a sense of injustice or ‘feeling of deprivation’ exists. Thus justice is a guarantee for happiness and injustice becomes the cause of unhappiness. Justice and happiness are, therefore, inextricably interwoven. Good life or happiness, the universal quest of mankind, can only be achieved, said Aristotle, in a society that is based on justice.

Details

Humanomics, vol. 14 no. 2
Type: Research Article
ISSN: 0828-8666

Book part
Publication date: 25 October 2021

Dhafer Saidane and Sana Ben Abdallah

The purpose of this chapter is to synthesise research on the concept of sustainable development in finance. Indeed, since the mid-1990s under the leadership of the United Nations…

Abstract

The purpose of this chapter is to synthesise research on the concept of sustainable development in finance. Indeed, since the mid-1990s under the leadership of the United Nations and various non-governmental organisations, sustainable development has experienced an unprecedented boom that affects many areas. This synthesis is organised around two main themes: sustainable finance and fintech/digitalisation.

Details

Rethinking Finance in the Face of New Challenges
Type: Book
ISBN: 978-1-80117-788-7

Keywords

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