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

2021 ◽  
pp. 205556362110167
Author(s):  
C Haward Soper

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.

Author(s):  
Wanderson Fernandes Modesto De Oliveira ◽  
Rodrigo José Guerra Leone ◽  
Lieda Amaral De Souza

is work aims to identify variables related to an efficient contract management leading a public company to reduce costs andto improve the quality of the services that are provided by contractors. An exploratory and qualitative researchwas made, inwhich the notes were collected by in-depth interviews with five regional contract managers from the public company that isthe object of the study. ese interviews were treated by content analysis, using the NVivo11 soware. e results showed theexistence of nine specific activity variables not yet referenced in literature, being the main ones the control of the duration ofcontracts, the compliance with the time limit for handling the process of preparation of addenda and the control of the regularityof the documentation of the process for issuance of an additive term. It is concluded that the contract management of PublicAdministration may lead to cost reduction with the hiring and with the execution of the contract with the contractor and also tothe improvement of the quality of service that is provided, through these three new variables.Keywords: Public management, Contract management, Cost reduction, Quality of services, Contracted companies.


Author(s):  
Purna Prabhakar Nandamuri ◽  
Annapurna Devi Munaganti ◽  
Rekh Raj Jain

Modern businesses have rapidly been transforming to become more competitive by developing competitive advantage through focusing on the core business and outsourcing what is not vital to the principal objective to third party agencies. Thus, the relevance of third party supply chain systems has augmented spawning the necessity to establish an effective legal framework for efficient contract management at national and international levels. The present chapter critically analyzes the Indian perspective of contract management for effective supply chain administration by presenting the legal provisions and case laws pertaining to various aspects of supply chains such as contract formation, unenforceable contracts, UNCITRAL model law, law of agencies, contract indemnity, contractual liability of third party, performance of contracts, international commercial terms, CISG convention, legal bases for recognition of electronic records, and the dispute resolution system through various institutions.


2009 ◽  
Vol 29 (S 01) ◽  
pp. S16-S18 ◽  
Author(s):  
B. Brand ◽  
N. von der Weid

SummaryThe Swiss Haemophilia Registry of the Medical Committee of the Swiss Haemophilia Society was established in 2000. Primarily it bears epidemiological and basic clinical data (incidence, type and severity of the disease, age groups, centres, mortality). Two thirds of the questions of the WFH Global Survey can be answered, especially those concerning use of concentrates (global, per capita) and treatment modalities (on-demand versus prophylactic regimens). Moreover, the registry is an important tool for quality control of the haemophilia treatment centres.There are no informations about infectious diseases like hepatitis or HIV, due to non-anonymisation of the data. We plan to incorporate the results of the mutation analysis in the future.


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