Contract design as a firm capability: An integration of learning and transaction cost perspectives
探讨企业如何通过学习和权衡合同细节来发展合同设计能力,并分析这种能力如何成为竞争优势的来源,对管理者、工程师和律师有参考价值。
Our aim is to unpack contract design capabilities for detailed commercial contracts, to draw out implications for the locus of such capabilities within the firm, and to examine implications for exploiting those capabilities as a potential source of competitive advantage. We argue that developing contract design capabilities involves learning how much and what kinds of detail to include in a contract. We further argue that knowledge about the management of these trade-offs resides differentially in managers, engineers, and lawyers regarding different types of contractual provisions.