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1 – 10 of over 16000Ralph Schuhmann and Bert Eichhorn
The aim of this paper is to pursue three objectives: to assess the extent to which theoretical concepts and corporate practice are reflecting the contract’s risk management…
Abstract
Purpose
The aim of this paper is to pursue three objectives: to assess the extent to which theoretical concepts and corporate practice are reflecting the contract’s risk management dimensions; to identify ways to make full usage of the contract’s risk dimensions for risk management purposes; to overcome the isolation of the contract caused by its perception as a legal instrument by integrating its handling into the overall corporate management processes.
Design/methodology/approach
Literature is analyzed regarding the contract’s roles as a source of risk and as a risk management device. Based on the relevant findings, it uses the Contractual Management Model to develop a concept that integrates all contract-related risk management processes in an enterprise.
Findings
The paper redefines the term “contract risk” in the light of modern understanding of contract functions and contract purposes. It shows that only Contractual Risk Management theory takes the management capacity of the contract fully into account. A Contractual Risk Management process is suggested which integrates all contract-related corporate management processes and aligns them to the requirements of transaction risk management and enterprise risk management.
Originality/value
The paper may guide executives to optimize corporate risk management processes through a better understanding of the risk potential of contract and of its risk management capacity. It provides a checklist of redefined contract risks as well as a concept that, for the first time, is aligning all contract-related management processes to support the corporate risk management system.
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John Bowers, James Pycock, Tom Rodden and Graham Dean
Commercial software systems intended to support the work of groups arenow freely available. However, uptake of these systems has beenrelatively poor and limited user experience…
Abstract
Commercial software systems intended to support the work of groups are now freely available. However, uptake of these systems has been relatively poor and limited user experience has been reported. Presents some experiences from a study of a network that explicitly aims to investigate the effectiveness of computer‐supported co‐operative work (CSCW) tools. Focuses on the currently hidden cost of managing the network. Also explores the implications for CSCW systems development by outlining an exploration of support for the management of a CSCW network.
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Yannick Fronda and Jean‐Luc Moriceau
A description of the managerial impact on change processes during a takeover with middle management in the telecom industry.
Abstract
Purpose
A description of the managerial impact on change processes during a takeover with middle management in the telecom industry.
Design/methodology/approach
The approach is to use storytelling as a form of analysis of different positions within an organization, as described in a case study.
Findings
By not including the voice of the middle managers, higher management runs into problems in the implementation of change processes.
Research limitations/implications
By using narratives as a source for analysis, the paper does not try to gain objective insights into change processes.
Practical implications
Resistance to change can prove a safeguard against too optimistic change.
Originality/value
The paper shows that several layers of change that interact with one another as proof of the confrontation between grand narratives and ante‐narratives.
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Ellen Sofie Andvig, Knut Tore Sælør and Esther Ogundipe
Little is known about how harm reduction is practiced in Norwegian housing first (HF) projects. The purpose of this paper is to explore, describe, and interpret how providers…
Abstract
Purpose
Little is known about how harm reduction is practiced in Norwegian housing first (HF) projects. The purpose of this paper is to explore, describe, and interpret how providers apply a harm reduction approach within a housing project focused on individuals who are homeless with co-morbid substance use and mental health problems.
Design/methodology/approach
This qualitative study was part of a larger evaluation study of a three-year HF project in a Norwegian municipality. Data were collected using four multi-stage focus groups with five providers working in the HF project. Focus group interviews were transcribed verbatim and analyzed using thematic analysis.
Findings
Analysis resulted in three main themes: “Letting the service user sit in the driver’s seat,” “We don’t follow service provision contracts, we do everything,” and “Collaborating with the local community.”
Research limitations/implications
There is a need to develop increased knowledge about service users’ experiences within the harm reduction approach.
Practical implications
To practice effective harm reduction, treatment providers must have open authorizations and the opportunity to exercise professional judgment. Harm reduction practice must also focus on social, political, and economic factors influencing users’ everyday lives.
Originality/value
The paper contributes to the knowledge base on harm reduction within HF practice that differs from a traditional model wherein clients are expected to abstain from substance use. It highlights important preconditions for challenges practitioners might encounter at both individual and service system levels.
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Ronald S. Batenburg, Werner Raub and Chris Snijders
This chapter addresses social embeddedness effects on ex ante management of economic transactions. We focus on dyadic embeddedness, that is the history of prior transactions…
Abstract
This chapter addresses social embeddedness effects on ex ante management of economic transactions. We focus on dyadic embeddedness, that is the history of prior transactions between business partners and the anticipation of future transactions. Ex ante management through, for example, contractual arrangements is costly but mitigates risks associated with the transaction, such as risks from strategic and opportunistic behavior. Dyadic embeddedness can reduce such risks and, hence, the need for ex ante management by, for instance, making reciprocity and conditional cooperation feasible. The chapter presents a novel theoretical model generating dyadic embeddedness effects, together with effects of transaction characteristics and management costs. We stress the interaction of the history of prior transactions and expectations of future business. Hypotheses are tested using new and primary data from an extensive survey of more than 900 purchases of information technology (IT) products (hard- and software) by almost 800 small- and medium-sized enterprises (SMEs). Results support, in particular, the hypotheses on effects of dyadic embeddedness.
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way…
Abstract
Investigates the differences in protocols between arbitral tribunals and courts, with particular emphasis on US, Greek and English law. Gives examples of each country and its way of using the law in specific circumstances, and shows the variations therein. Sums up that arbitration is much the better way to gok as it avoids delays and expenses, plus the vexation/frustration of normal litigation. Concludes that the US and Greek constitutions and common law tradition in England appear to allow involved parties to choose their own judge, who can thus be an arbitrator. Discusses e‐commerce and speculates on this for the future.
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Hongjiang Yao, Yongqiang Chen, Yangbing Zhang and Bo Du
The purpose of this paper is to establish an integrated framework of the antecedents of enforcement after contract violations in construction projects and to examine whether…
Abstract
Purpose
The purpose of this paper is to establish an integrated framework of the antecedents of enforcement after contract violations in construction projects and to examine whether contract provisions (control and coordination provisions) and trust (goodwill and competence trust) affect enforcement mechanisms (contractual enforcement and relational enforcement).
Design/methodology/approach
A survey method was employed to test the hypotheses. The authors collected data from the Chinese construction industry, and general contractor respondents were asked to answer a questionnaire about a contract violation by one of their subcontractors.
Findings
Control provisions and competence trust are positively related to contractual enforcement, but goodwill trust is negatively related to contractual enforcement. Relational enforcement is influenced by goodwill trust and competence trust.
Research limitations/implications
This study treats contract violations as a given variable, and it focuses on contract violations by subcontractors. The cross-sectional design makes it difficult to confirm the causality of the relationships.
Practical implications
Overly strict contractual enforcement can generate disputes and a vicious cycle of retaliation, and overly severe relational enforcement can damage a potentially profitable long-term relationship. In construction projects, the violating party will benefit from this study to avoid excessively contractual enforcement and relational enforcement, thus developing a more collaborative atmosphere on the current project and even establishing a solid long-term relationship.
Originality/value
This study extends the project management literature by investigating the antecedents of enforcement after contract violations, an area not yet fully researched.
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Guangdong Wu, Xianbo Zhao, Jian Zuo and George Zillante
This study aims to investigate the influence of contractual flexibility on different types of conflict, determine if contractual flexibility is significantly correlated with…
Abstract
Purpose
This study aims to investigate the influence of contractual flexibility on different types of conflict, determine if contractual flexibility is significantly correlated with project success between contracting parties, verify the mediating effect of project conflicts on the relationship between contractual flexibility and project success and examine the relationship between different types of conflicts and project success in megaprojects.
Design/methodology/approach
A theoretical model was developed and a structured questionnaire survey was conducted with 468 professionals. The structural equation modeling technique was used to analyze the data.
Findings
The results showed that both types of contractual flexibility – term and process flexibility – were correlated with and significantly positively affected project success, and term flexibility was found to have a greater influence. The introduction of project conflicts significantly weakened the relationship between contractual flexibility and project success, verifying the partial mediating effect of conflicts. All types of project conflicts play a destructive role in achieving project success; relationship conflict had the largest negative effect. Contractual flexibility affects two paths with respect to project success: the direct path (contractual flexibility → project success) and the indirect path (contractual flexibility → conflict → project success). The direct effect of contractual flexibility on project success is positive; the corresponding indirect effect is negative. The direct effect is greater than the corresponding indirect effect.
Research limitations/implications
Different types of conflicts may mutually transform to extent certain degree. However, this study did not address the potential influence of conflict transformation on project success. The results implied that more emphasis should be placed on contractual terms, particularly on developing flexible terms in the contractual document, when implementing megaprojects. Meanwhile, this study reveals the effects of conflicts on project success in megaprojects, which provides a useful reference for project stakeholders to avoid the negative effect of conflicts.
Practical implications
This study provides a better understanding of the relationship between contractual flexibility, types of conflicts in megaprojects and a reliable reference for the project manager to effectively deal with these related issues. This implies the contracting parties strengthen communication and cooperation to establish a trust mechanism, while reducing the negative influence of project conflicts and enhancing the positive effect of contractual flexibility.
Originality/value
Few studies have investigated the effects of contractual flexibility on conflict and project success in megaprojects; this study contributes significant theoretical and practical insights to contract management and conflict management and provides a reliable reference to achieve project success.
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Yi-Hsin Lin, Deshuang Niu, Yanzhe Guo and Ningshuang Zeng
This study examines how project uncertainties (environmental uncertainty and participant uncertainty) affect guanxi and contractual governance and assesses the mediating role of…
Abstract
Purpose
This study examines how project uncertainties (environmental uncertainty and participant uncertainty) affect guanxi and contractual governance and assesses the mediating role of guanxi governance between project uncertainty and contractual governance.
Design/methodology/approach
Data were collected in two stages from Chinese contractors. First, in-depth interviews were conducted with nine construction engineering project practitioners in different contracts as a pilot for questionnaire designing. Second, a cross-sectional questionnaire survey was conducted with professionals and practitioners of construction enterprises to collect primary data. Partial least squares structural equation modeling (PLS-SEM) was used to test seven hypotheses based on data collected from 198 respondents.
Findings
Project environmental uncertainty promotes the use of guanxi governance, while project participant uncertainty hinders it; the relationship between both types of uncertainty and contractual governance is the same as with guanxi governance. Furthermore, guanxi governance promotes contractual governance and partially mediates project environmental uncertainty and contractual governance and a complete mediating role between project participant uncertainty and contractual governance.
Research limitations/implications
As the interviewed samples are mainly from China, the study should be replicated using large representative samples from East Asian countries, such as Japan and South Korea, to gain a more comprehensive understanding of the influence of guanxi governance. Further, while the internal consistency reliability and convergent validity of the questionnaire data in this study align with the standards, a larger sample size would improve the reliability and validity of the research results and better represent the overall work situation of contractors, owners and public policymakers.
Originality/value
The results provide insights into project governance research and have implications for construction practitioners in deploying governance-related resources.
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Dedong Wang, Hongwei Fu and Shaoze Fang
The low success rate of megaprojects stems from the opportunism triggered by uncertainty. Developing trust between participants is an effective means to reduce uncertainty, but…
Abstract
Purpose
The low success rate of megaprojects stems from the opportunism triggered by uncertainty. Developing trust between participants is an effective means to reduce uncertainty, but this process is inevitably affected by contracts. The purpose of this paper is to examine the impact of uncertainty on participants’ opportunism in megaprojects and the effect of trust on reducing uncertainty. At the same time, the moderating effects of contractual control are tested.
Design/methodology/approach
This research classifies trust into competence-based trust and goodwill-based trust and categorizes uncertainty into environmental uncertainty and behavioral uncertainty. Partial least squares structural equation modeling is used to test the hypotheses based on data collected from 172 respondents.
Findings
The results show a positive correlation between the two types of uncertainty and opportunism. For the governance of uncertainty, competence-based trust can reduce environmental uncertainty, but it is ineffective for behavioral uncertainty, and goodwill-based trust has a significant effect on both types of uncertainty. The test of moderating effects shows that contractual control strengthens the effect of competence-based trust but weakens the effect of goodwill-based trust, which means that contractual control complements competence-based trust and substitutes for goodwill-based trust.
Research limitations/implications
This research enriches the theory of megaproject management. First, it validates the role of competence-based trust and goodwill-based trust in reducing the different types of uncertainty in megaprojects. Second, this study clarifies the substitution or complementarity between contractual control and different dimensions of trust in the context of high uncertainty, which provides a comprehensive answer to prior research inconsistencies on contractual control and trust.
Practical implications
For practice, this research provides some implications for megaproject management. First, project managers should recognize that the match between trust and project uncertainty is key to the success of megaproject governance. For example, some megaprojects involve many organizations, and there are many difficulties in behavioral supervision and performance appraisal. Therefore, developing goodwill-based trust between participants through positive interactions is an effective means to reduce the behavioral uncertainty of all participants and to curb opportunistic behaviors.
Originality/value
This research validated the role of competence-based trust and goodwill-based trust in reducing the different types of uncertainty in megaprojects. Furthermore, it clarifies the substitution or complementarity between contractual control and different dimensions of trust in the context of high uncertainty, which provides a comprehensive answer to prior research inconsistencies on contractual control and trust.
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