scholarly journals P-154 No Surprises? Reducing risk through effective contract management

2021 ◽  
Author(s):  
Kevin McGill ◽  
Laura Brisley
Keyword(s):  
Contract Management

Commercial expectations and cooperation in symbiotic contracts: An empirical and legal analysis

2021 ◽  
pp. 205556362110167
Author(s):  
C Haward Soper
Keyword(s):  
Hard Core ◽  
Contract Management ◽  
Legal Analysis ◽  
Contract Work ◽  
Effective Governance ◽  
Global Survey ◽  
Contract Managers ◽  
Constructive Engagement

Modern complex contracts require cooperation, solid effective governance and a hard core of clear and workable terms and conditions to make them work. In this essay I explore exactly what cooperation and governance mean through the lens of a major global survey of contract practitioners. I discuss formal and informal elements of contract management because both matter. I find that contract managers show a marked reluctance to use punitive measures, but that value is seen in escalation, negotiation, communication, and professional governance. These require constructive engagement, that the parties talk, communicate, and work together to find the cause of the problem and agree solutions. I conclude that respondents are more interested in performance than in revenge, and that the key task is about making the contract work.

Construction contract management using value packaging systems

2016 ◽  
Vol 17 (1) ◽  
pp. 50-64 ◽  
Author(s):  
Mahdi Safa ◽  
Arash Shahi ◽  
Carl T. Haas ◽  
Keith W. Hipel
Keyword(s):  
Contract Management

Ex Post Contract Market Structure: Implications for Performance Over Time

2015 ◽  
Vol 47 (5) ◽  
pp. 588-598 ◽  
Author(s):  
Julia L. Carboni
Keyword(s):  
Management Strategies ◽  
State Level ◽  
Individual Performance ◽  
Contract Management ◽  
Structural Factors ◽  
Structural Embeddedness ◽  
Contract Performance ◽  
Ex Post ◽  
Structural Variables ◽  
Over Time

Government increasingly relies on complex arrangements of providers to deliver public services. There is burgeoning public administration literature on contract management and performance. This literature emphasizes contract management strategies such as contract design and ex post monitoring and relationship building to promote contractor performance. The literature does not examine effects of structural variables on contract performance in ex post contract markets, though work on interorganizational networks has long established that structural factors influence individual performance. This study examines the influence of structural variables on publicly funded contract performance in networked structures of exchange using 5 years of state-level contract data. Network concepts are used to develop contracts as networked exchange structures and develop measures of structural embeddedness for individual programs. Findings include that the structural embeddedness of individual programs influences individual contract performance on quality and cost dimensions over time.

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