Search results

This paper aims to propose an accurate and efficient decision-making process adapted to the specific context of Claim Management situations, implying partners engaged in a high-involvement relationship.

We used a three-step approach: first, an inductive phase based on 12 past case studies. Second, a theory-building phase. Third, a theory-testing phase based on an ongoing case study to observe and test our propositions.

Proposal 1: Partner’s Strategic Value is an influential decision parameter that must be incorporated into Claim Management-related decision-making processes in high-involvement relationships. Proposal 2: The Fast-and-Frugal Heuristic is adapted to the intense, interactive and iterative nature of the Claim Management context. Our final proposal combines these two findings, i.e. a Fast-and-Frugal Heuristic incorporating the Partner’s Strategic Value and based on using decision criteria as a sequence, not simultaneously.

In the context of high-involvement business relationships and Claim Management, this study introduces the importance of selecting an appropriate decision methodology and integrating a strategic decision parameter (Partner’s Strategic Value) into an operational decision-making context. Furthermore, the principle of considering decision parameters in a specific sequence corresponds to the iterative and interactive nature of the Claim Management processes.

The purpose of this study is to address the limitations of traditional methods for managing intellectual property rights (IPRs) by proposing a blockchain-based solution. By leveraging blockchain technology and smart contracts, the aim is to create a comprehensive ecosystem that offers advantages such as reduced transaction costs, improved transparency, enhanced security and increased liquidity levels for IP assets.

This paper proposes using blockchain technology to manage intellectual property rights (IPRs) through a smart contract-based ecosystem. It outlines the use of non-fungible tokens (NFTs) on the blockchain to represent IPRs, with smart contracts automating interactions and encoding rules for various processes such as applications, licensing, transfers and royalty distribution. Governance mechanisms, such as decentralized autonomous organizations (DAOs), are employed to allow stakeholders to propose and vote on contract changes, ensuring adaptability. This approach aims to streamline IPR workflows, reduce transaction costs, improve transparency and enhance security.

The findings of this study suggest that implementing a blockchain-based ecosystem for managing intellectual property rights (IPRs) can lead to various benefits. These include reduced transaction costs, improved transparency, enhanced security, increased liquidity levels for IP assets and streamlined automated processes. The use of non-fungible tokens (NFTs) on the blockchain allows for detailed management, valuation and trading of IPRs. Furthermore, simulation results demonstrate the robustness and efficiency of our proposed ecosystem, outperforming traditional IP management systems in terms of transaction speed and cost-effectiveness. These simulations highlight the practical viability of integrating blockchain technology into IP management workflows.

The practical implications of adopting this blockchain-based ecosystem for managing intellectual property rights (IPRs) are significant. By streamlining processes, reducing transaction costs and improving transparency and security, organizations can expedite the protection and commercialization of their IP assets. Additionally, the increased liquidity levels and accessibility of IP assets to investors and financiers can spur innovation and economic growth.

This paper contributes to the field by proposing a novel approach to managing intellectual property rights (IPRs) using blockchain technology and smart contracts. By leveraging non-fungible tokens (NFTs) on the blockchain, the proposed ecosystem offers a more efficient and transparent way of managing IPRs, reducing reliance on costly and opaque traditional methods. The potential benefits include improved efficiency, transparency, security and collaboration in the management and commercialization of IPRs.

The administration of a contract by the architect is necessary to ensure the contract is performed according to the conditions of the contract, compliance with related laws and the practices of the construction industry. With the increasing number of housing projects and the limited number of registered architects in the nation, the architect is unable to be hands-on with every project. Hence, the involvement of graduate architects to reduce the workload in building contract administration (BCA) is required. The purpose of this paper is to develop a BCA framework for graduate architects to enhance their work performance in BCA work and to assist them in moving a step closer to acquiring their professional qualifications.

This study adopted a qualitative method where seven housing projects in Malaysia were selected as case studies to conduct documentation reviews and semistructured interviews. The data collected was analyzed using content analysis to develop the BCA framework. Focus groups were used to validate the framework.

This study summarized there are 5 themes (claims and legal matters management, project management, communication and relationship management, quality assessment and management, and design management) and 11 sub-themes (authority matters, building certification, meetings, coordination checklist, letter-writing, contract documentation, building material, design brief, building sustainability and workmanship quality standard, contractor’s submission and building details) that need to be improved by graduate architects in BCA work.

The contribution of this study to the existing knowledge is the development of a BCA framework that enables graduate architects to get a glimpse of architectural professional practice in reality and better prepare them to confront and resolve problems. Besides, the proposed framework could be incorporated into a pedagogy focusing on methods to support construction contract administrators.

This study aims to seek, on the basis of Hofstede's culture consequences, to explore the notion that regional characteristics may influence the prioritisation of certain types of public-private partnerships (PPP) contract governance skills over others. It further sets out to determine which skills are considered the most critical between the groups of respondents surveyed.

To bring this important and neglected perspective into the mainstream of PPP discussions, the study, being of an exploratory nature, relied on a survey of 340 respondents from around the globe. The respondents are a rich mix of public policy experts, economists, construction professionals, project finance experts, lawyers and academic researchers in PPP.s.

Analysis revealed that, regional characteristics was an important factor influencing skills prioritisation. Furthermore, exploratory factor analysis with Monte Carlo principal component analysis (PCA) confirmation revealed that project management, contract design, negotiations, performance management and stakeholder management skills were very critical for successful contract management of PPP projects.

The findings indicate that the design and implementation of regulatory governance for infrastructure PPPs should be context-specific rather than the current one-size-fits all model. Training should be tailored to reflect regional specific characteristics.

Studies are increasingly pointing to the absence of critical PPP skills among institutions responsible for managing PPP contracts. This lack of capacity has resulted in poor oversight of private companies providing public services resulting in poor services, and financial recklessness, which threaten the sustainability of service provision.

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.

The smart contract provides an opportunity to improve existing contract management practices in the construction projects by replacing traditional contracts. However, translating the contracts into computer languages is considered a major challenge which has not been investigated. Thus, it is necessary to: (1) identify the obstructing clauses in real-world contracts; and (2) analyze the replacement's technical and economic feasibility. This paper aims to discuss the aforementioned objectives.

This study identified the flexibility clauses of traditional contracts and their corresponding functions through inductive content analysis with representative standard contracts as materials. Through a speculative analysis in accordance to design science paradigm and new institutional economics, the economic and technical feasibility of existing approaches, including enumeration method, fuzzy algorithm, rough sets theory, machine learning and artificial intelligence, to transform respective clauses (functions) into executable codes are analyzed.

The clauses of semantic flexibility and structural flexibility are identified from the contracts. The transformation of semantic flexibility is economically and/or technically infeasible with existing methods and materials. But with more data as materials and methods of rough sets or machine learning, the transformation can be feasible. The transformation of structural flexibility is technically possible however economically unacceptable.

Given smart contracts' inability to provide the required flexibility for construction projects, smart contracts will be more effective in less relational contracts. For construction contracts, the combination of smart contracts and traditional contracts is recommended. In the long run, with the sharing or trading of data in the industry level and the integration of machine learning or artificial intelligence reducing relevant costs, the automation of contract management can be achieved.

This study contributes to the understanding of the smart contract's limitations in industry scenarios and its role in construction project management.

The construction industry has long been criticized for unethical conduct. The owner usually manages the contractor's opportunistic behaviors by employing a professional supervisor, but there is a risk of covert collusion between the supervisor and contractor. Based on the principal–agent theory and collusion theory, this paper aims to investigate optimal collusion-proof incentive contracts.

This paper presents a game-theoretic framework comprising an owner, supervisor and contractor, who interact and pursue maximized self-profits. Built upon the fixed-price incentive contract, cost-reimbursement contract, and revenue-sharing contract, different collusion-proof incentive contracts are investigated. A real project case is used to validate the developed model and derived results.

This paper shows that the presence of unethical collusion undermines the owner's interests. Especially, the possibility of agent collusion may induce the owner to abandon extracting quality information from the supervisor. Furthermore, information asymmetry significantly affects the construction contract selection, and the application conditions for different incentive contracts are provided.

This study still has some limitations that deserve further exploration. First, this study explores contractor–supervisor collusion but ignores the possibility of the supervisor abusing authority to extort the contractor. Second, to focus on collusion, this paper ignores the supervision costs. What's the optimal supervision effort that the owner should induce the supervisor to exert? Finally, this paper assumes that the colluders involved always keep their promises. However, what if the colluders may break their promises?

Several collusion-proof incentive contracts are explored in a project management setting. The proposed incentive contracts can provide the project owner with effective and practical tools to inhibit covert collusion in construction management and thus safeguard construction project quality.

This study expands the organization collusion theory to the field of construction management and investigates the optimal collusion-proof incentive contracts. In addition, this study is the first to investigate the effects of information asymmetry on contract selection.

Farmers' risk attitudes and risk perceptions play an essential role in shaping risk management strategies to address risks and uncertainties. Contract farming is considered as one of the feasible approaches to tackle farmers' concerns. However, risk perspectives under various categories have not been included in studies on farmers' preferences for contract farming in the literature, especially in Vietnam. This study aims to determine factors affecting farmers' choices of different contract farming practices.

The explanatory factor analysis (EFA) and multinomial logit model (MNL) were applied to explore the impacts of risk perspectives on farmers' preferences for contract farming. Data have been collected from 211 rice farmers in An Giang Province, “the rice bowl” of the Mekong Delta, Vietnam.

The study found that farm size, cooperatives, extension, market access and trust have significantly impacted on contract participation while a delay payment was a barrier for farmers' motivation to opt for the contract. Farmers' contract choices were also influenced by their risk attitudes and perceptions under different risk dimensions. The financial, policy and human risk-averse behavior predisposed farmers to single out the full contract while the policy and human risk-loving and production, market and finance risk-averse respondents were in favor of the marketing contract. Moreover, the findings indicated that the more farmers concerned about risk of weather and market, the more choices for the full contract, whereas the risk perceptions of weather and policy encouraged farmers to use the limited contract. By contrast, farmers who perceived the impacts of risk of diseases/pests and human were likely to adopt the marketing contract.

This study just focuses on collecting data from farmers’ perspective. Future studies involving stakeholders such as enterprises and policy makers are strongly recommended so as to design suitable contracts and enforce contract schemes effectively in Vietnam.

The findings also contribute to the literature on different types of contracts and the multidimensional aspect of risk for rice production in Vietnam.

With the continuous improvement of public–private partnership (PPP) projects, the participants' value creation goals are not only limited to achieving the basic performance objectives but also to realising value added. However, the effect of traditional contract management on realising the value creation objectives of PPP projects is limited. According to the view of multifunctional contract, joint-contract functions that integrate contract control and flexibility are likely to be effective in enhancing the value creation of PPP projects. This study aims to explore the effects of joint-contract functions on PPP project value creation and relevant influencing mechanism by investigating the mediating effect of in-role behaviour and extra-role behaviour.

After collecting 258 valid questionnaires from PPP professionals in China, this study used structural equation modelling to validate the hypotheses.

Contract control and flexibility can improve PPP project value creation. Specifically, contract control improves the achievement of the basic contract objectives of PPP projects, whereas contract flexibility enhances the achievement of the value-added of PPP projects. Moreover, only in-role behaviour mediates the effect of contract control on value creation. In addition, the mediating effect of extra-role behaviour on the impact of contract flexibility on value creation is stronger than that of in-role behaviour. The mediating effect of in- and extra-role behaviour is mainly reflected in the realisation of basic and value-added performance, respectively.

The findings of this study can help realise value creation in three ways. Firstly, new perspectives for PPP project value creation should be proposed by combining the improvement of contract objectives and the realisation of the participants' implicit demands. Secondly, the effects of different contract functions on value creation should be analysed instead of a single dimension of contractual governance. Thirdly, the mediating effects of different types of cooperation behaviour that may influence the relationship between contractual governance and value creation should be evaluated.

This study verifies the impacts of different contract functions on PPP project value creation. In addition, cooperative behaviour is embedded as a mediating variable, and the mediated transmission path from contract function to cooperative behaviour and further to PPP project value creation is systematically analysed.

Various studies have been conducted to explore the factors that are important to be considered for the effectiveness of construction contract administration (CCA) but lack in the context of graduate architects. The purpose of this study is to identify factors influencing the effectiveness of graduate architects in CCA and possible methods to enhance their work efficiency through developing the relevant skills in a changing construction environment.

This paper identified the factors that influence the effectiveness of graduate architects in CCA through the quantitative methods. General skill elements that are perceived as essential for the effectiveness of CCA had been investigated through a survey of graduate architects in the construction industry. One hundred and twenty-seven completed questionnaires returned were analyzed and tested using descriptive analysis and relative important index (RII).

The result from the study showed that the factors influencing the effectiveness of graduate architects as CCA are building construction skills, design management skills, project management skills, soft skills and dispute resolution skills.

The contribution of this study can be utilized for developing models/tools in the future that would improve the work performance of graduate architects in CCA. Educators may utilize this study to improve their syllabus to cater to the market's demand and facilitate students' entry into the labor market.