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An S-curve is an essential project-management tool. However, it is difficult to adjust S-curve to deal with a force majeure event. The present study develops four valuable adjustment approaches, designed to achieve a compromise between the views of the client and contractor. These can be used to control projects after a force majeure event.

The present study develops four adjustment approaches, which can be used to achieve a compromise between the views of the client and those of the contractor when controlling projects after a force majeure. To determine the S-curves during a force majeure event, two approaches can be selected: BCWS (budgeted cost of scheduled work)-base approach, or BCWP (budgeted cost of work performed)-base approach. To determine the rest of S-curves after a force majeure event, two approaches can be considered: maintaining the original curve of the remaining BCWS, or allocating the original curve of the remaining BCWS. Based on the validation of three empirical cases, drawn from a professional project-management website, this study confirms the feasibility of four proposed empirical approaches and a selection procedure for S-curve adjustment.

The S-curve-adjustment approaches presented here can be used to deal with cases that are ahead of, on and behind schedule. Using the proposed approaches and selection procedure, contractors can easily revise S-curves and control projects more effectively. To deal with a force majeure event, such as COVID-19, they are strongly advised to adopt the approaches labeled SA-A1 (to adjust the S-curve based on the extension ratio multiplied by the difference in progress during the force majeure) and SA-B1 (to maintain the original curve of the remaining BCWS) for the A/E and E/F curves, respectively.

The proposed approaches can be used in cases of continuous construction during force majeure events. If construction work is totally suspended during such an event, it will be necessary to fine-tune the proposed approaches.

Previous studies have used case-oriented or mathematical-simulation approaches to forecast S-curves. The present study proposes simple approaches that allow the client and contractor to adjust the S-curve easily after a force majeure event. These approaches can be used to adjust work and project-completion targets within an extended duration. Selecting the right S-curve adjustment approach can help to control the remainder of the project, reducing the possibility of delay claims.

The case describes the fall of Eskom, which in 2001 was named the Financial Times’ Power Company of the Year, but by 2019 was suffering from “systemic corruption, malfeasance, fraud and state capture” that had “compromised the credibility of the organisation and eroded investor confidence”. Eskom’s incompetent management lays the ground for reasonable doubt as to whether the force majeure notice was indeed irresistible. The case suggests several methods available in financial markets to hedge risk – but to what extent are these relevant and appropriate? The main objective of the case, however, is to examine and assess the criteria required to claim force majeure. Two aspects are questionable: Was the virus unforeseeable and was it irresistible? Eskom is “bleeding” R².5m per month because of significantly reduced electricity demand, and while it clearly benefits Eskom to break their supply contract, the consequences for Exxaro are far more dire. And, if carried to conclusion, how would such actions impact the entire economy?

In April 2020 South Africa’s stated-owned electricity utility Eskom sent a pre-cautionary force-majeure notification to Exxaro Limited’s Grootegeluk Coal Mine. The notification, citing COVID-19 as an unforeseeable, external and irresistible event, would have disastrous consequences for the mine’s 25 m tonnes pa coal contract to supply Eskom’s Medupi power station. Not only was the legality of the force-majeure questionable, it was unethical, and not in the spirit of President Ramaposa’s call to businesses to continue paying contractors. The case briefly describes Eskom’s troubled history following South Africa’s 1994 democratic election. It examines the force majeure clause common in contracts, and questions whether COVID-19 meets the criteria of an “unforeseeable, external and irresistible” event.

MBA and Executive Education

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CSS 7: Management Science.

Over the last few years several projects have been procured under the Private Finance Initiative, which brought with them some challenging, often novel, legal issues. A new statutory framework has been established creating new legal entities and regulating the powers and obligations of those new entities. The public procurement regime of the European Union has had to be carefully considered by both the public and private sector parties as failure by either to adhere to the strict rules and procedures can result in the imposition of sanctions. Attitudes to the way in which contracts are structured have had to change. The public sector had to step back from the more traditional involvement and control it has exercised in the past, and permit the private sector to come up with innovative solutions to the public sector's output requirements. The issues of force majeure and change of law have had to be looked at very closely and mechanisms for the sharing of the risk negotiated between the public and private sectors. A uniform approach to these legal issues would be welcomed along with some standarization of fundamental terms.

Collaborative networked organisations (CNO) are a means of ensuring longevity and business continuity in the face of a global crisis such as COVID-19. This paper aims to present a multi-criteria decision-making method for sustainable partner selection based on the three sustainability pillars and risk.

A combined analytic hierarchy process (AHP) and fuzzy AHP (F-AHP) with Technique for Order of Preference by Similarity to Ideal Solution approach is the methodology used to evaluate and rank potential partners based on known conditions and predicted conditions at a future time based on uncertainty to support sustainable partner selection.

It is integral to include risk criteria as an addition to the three sustainability pillars: economic, environmental and social, to build a robust and sustainable CNO. One must combine the AHP and F-AHP weightings to ensure the most appropriate sustainable partner selection for the current as well as predicted future period.

The approach proposed in this paper is intended to support existing CNO, as well as individual firms wanting to create a CNO, to build a more robust and sustainable partner selection process in the context of a force majeure such as COVID-19.

This paper presents a novel approach to the partner selection process for a sustainable CNO under current known conditions and future uncertain conditions, highlighting the risk of a force majeure occurring such as COVID-19.

The 11th September terrorist attacks on America continue to affect the corporate real estate industry, and this paper is intended to address a number of those ongoing effects. It first discusses property insurance coverage in general and then proceeds to analyse whether damage from acts of terrorism is covered under pre‐11th September and post‐11th September property insurance polices. It also addresses the current status of proposed US Government intervention as a terrorism insurance backstop. It then describes the strategies which certain clients located within the areas directly affected by the terrorist attacks implemented in order to be able to gain immediate access to alternative space. Finally it examines selected lease clauses to which landlords and tenants should pay closer attention in light of the terrorist attacks, including operating expense provisions, force majeure provisions, waiver of subrogation provisions, use prohibitions and alteration provisions.

This study aims to investigate how contract design influences supplier performance. This study synthesises three theoretical views (efficiency, relational, contingency) and provides empirical support on how effective contract design improves supplier performance.

This study reviewed contract design literature and uncovered 18 factors that may impact supplier performance. Multi-criteria, decision-making analysis examined the impact of contract factors on three supplier groups: average-, over- and under-performers. Procurement experts working with a large multinational company dealing with hundreds of procuring contracts, yearly, provided their judgement on the impact of these factors on supplier performance. Semi-structured interviews with experts and other evidence were used for data and method triangulation.

Results show that contracting with under- and over- performers presents significant differences: in the case of over-performers, contracts have a dual, yet discrete, efficiency and relational role: at transaction level, they emphasise formality, protect from opportunism and include both liquidated damages and legal action clauses. At relational level, they focus on relational learning and incentivising suppliers. However, in the case of under-performers, contracts appear to focus on contingency factors, which can be a source of ambiguity, particularly in complex environments, and trust, which has a negative impact on supplier performance.

Improving contract design can help reduce partner opportunism, reduce inter-firm conflicts and avoid disputes that can bear a social cost. This study demonstrates that companies can use advanced analytical tools to reflect upon their own decision-making process of contact design in making transparent supplier performance assessments.

To the author’s knowledge, this is the first study using decision-making techniques to enhance supplier performance by improving the contract design process.

Intellectual capital theory and practice predominantly focus on measuring and managing intangible assets. However, if one wants to balance the intellectual capital books, one should recognise both intellectual assets and intellectual liabilities. Therefore, the purpose of this article is to present a theoretical framework for measuring intellectual liabilities.

Identifying intangible liabilities is identifying the risk of the decline and fall of organisations. One of the first extensive studies related to the causes of decline and fall is Gibbon's The Decline and Fall of the Roman Empire. It seems as if the main lessons that were drawn from the study are also applicable to today's business environment. Therefore, the framework that is developed here is based not only on intellectual capital literature, but also on Gibbon's study into the causes of the decline and fall of the Roman Empire.

The findings are combined in a framework for measuring intellectual liabilities. The main distinction within the proposed framework is the distinction between internal and external liabilities. Internal liabilities refer to the causes of deterioration that arise from the sources of value creation within the organisation. External liabilities refer to the causes of deterioration that come from outside and are beyond the control of the organisation.

The article explores a relatively new topic (intellectual liabilities) from a perspective (historical sciences) that is rarely used in management science.

The aim of this paper is to survey some of the “hotspots” of potential Y2K‐related legal liability, as well as some of the Y2K regulatory requirements of which organisations need to be aware.

The purpose of this paper is to comprehensively discuss the issue of risk vis-à-vis the perpetuity restriction principle inherent in waqf (Islamic endowment). Specifically, it attempts to consolidate the axioms in both conventional and Islamic finance, such as the risk-return trade-off and al-ghunm bi al-ghurm (liability accompanies gain), with the perpetual nature of waqf. Overall, this paper attempts to find a resolution to the dilemma of perpetuity restriction inherent in cash waqf against the natural occurrence of the risk.

This paper is based on the secondary research methodology; past literature encompassing journal articles, books, relevant financial axioms, fatwas (Islamic rulings) and state enactments is critically reviewed to present its case. In regard to state enactments, only Malaysian state enactments have been used, thus restricting the study to the Malaysian case only.

This study contends that the dilemma of the perpetuity restriction and the natural occurrence of risk can be resolved through the integration of waqf risk management, especially concerning cash waqf, with the Islamic spiritual approach. By implementing standard operating procedures that inculcate awareness on waqf risk management and Islamic spirituality in waqf stakeholders (wāqif (donor), trustee and beneficiaries), the stakeholders may accept the reality of risk that is inevitable even after all efforts have been exhausted. In other words, the violation of perpetuity is exonerated given that mental faculties aligned with revealed texts have been exhaustively used beforehand.

Findings from this study may broaden the choice of investment avenues for waqf trustees while adhering to the perpetual restriction of waqf. More importantly, waqf trustees will not be forced to invest in interest-bearing securities or be involved in any usurious transactions just to obtain guaranteed returns and preserve the corpus of waqf.

This study offers a unique perspective on cash waqf risk management by re-analyzing the axioms and concepts of finance and waqf while observing the welfare of the beneficiaries.

The historic Belt and Road Initiative (BRI) is an economic reform policy proposed by the Chinese Government that focuses on connectivity, improved collaboration and more robust economic relations. This paper aims to identify risks involved in BRI infrastructure project and establish a hierarchical relationship among them.

The methodology includes two phases, namely, identification of significant risks involved in the BRI project using systematic literature review and to develop a hierarchical relationship between the risks using interpretive structural modeling followed by the MICMAC analysis.

This work has identified the 11 risks of BRI infrastructure projects through academic literature. Based on the analysis, economic risk (R3), environmental risk (R1) and political risk (R2) are placed at level six in the ISM model and can significantly influence BRI infrastructure projects. These risks have high driving power, which exaggerates other risks.

This study would help Engineering Procurements and Construction contractors in strategic decision-making select risk mitigation strategies and make robust and efficient infrastructure projects. However, additional factors may be considered, which are essential for the BRI infrastructure project.

This research’s novelty lies in the advancement of expertise in project risk assessment. This study contributes by identifying the most significant risks involved in the BRI project. The integrated ISM-MICMAC approach provides a macro picture of BRI project risks to formulate better strategies for its success.