建设项目中的合同违约:合同义务的达成方式如何影响合同执行与声誉执行

Contract Violations in the Construction Projects: How Contractual Obligations are Reached Affects Contractual and Reputational Enforcement

IEEE Transactions on Engineering Management · 2023
被引 7
ABS 3

中文导读

研究将建设项目中的合同违约分为三类,发现义务的相互性越高,违约后受到的合同和声誉执行越严厉,而是否书面记录影响不大;关系风险感知起中介作用。

Abstract

Contract violations are frequent due to the high uncertainty and complexity of construction projects. However, enforcement after a violation has received limited attention. This study distinguishes between three types of violations, i.e., letter violations, mutually agreed spirit violations, and unilaterally assumed spirit violations, based on the documentation and mutuality dimensions. By using the data collected from Chinese general contractors, this study concludes that compared with unilaterally assumed spirit violations, violations of high mutuality of obligations (the first two violations) will lead to more severe contractual and reputational enforcement while with high mutuality, whether the violated obligations are written in the contract or not (corresponding to the first two violations, respectively) does not significantly affect the severity of enforcement. The mediating effects of relational risk perception on the aforementioned effects are empirically supported. This study contributes to the enforcement literature by exploring the effects of the characteristics of violations, especially violations of undocumented elements of contracts, on enforcement and fills the gaps in the scarce literature on reputational enforcement and its antecedents. Project managers can benefit from this study by recognizing the application of reputational enforcement and making better alignment between different types of violations and enforcement.

建设项目合同管理执行机制组织行为