Zhang, L; Fu, Y and Lu, W (2021) Contract enforcement for claimants' satisfaction with construction dispute resolution: Moderating role of shadow of the future, fairness perception, and trust. Journal of Construction Engineering and Management, 147(2): 04020168, ISSN 0733-9364
Abstract
This study pivots around the relationship between claimants' contract enforcement (i.e., the degree of pursuing contractual rights when resolving construction disputes) and their satisfaction with the resolution outcome. Little is known about how this relationship is contingent upon informal elements that may replenish contracts - such as the shadow of the future, fairness perception, and trust. To answer these questions, the authors collected data from contractors as claimants. The results show that claimants' satisfaction is positively associated with rigid contract enforcement, with fairness perception, and with trust strengthening this relationship (but trust merely functions in cross-border interorganizational relationships). Flexible contract enforcement regarding obliging behaviors undermines claimants' satisfaction, and this relationship is negatively moderated by the shadow of the future. Hence, fairness perception and trust play a complementary role in the effectiveness of rigid contract enforcement, while the shadow of the future exacerbates the detrimental impact of flexible contract enforcement. This study not only advances our understanding of contractual governance from the reactive perspective and construction dispute management but also enhances practitioners' capability of coping with disputes regarding how to enforce formal contracts and proactively alter informal elements.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | construction dispute; contract enforcement; fairness; satisfaction; shadow of the future; trust |
| Index terms: | dispute, governance, satisfaction, enforcement, resolution, interorganizational relationship, construction dispute, fairness, coping, effectiveness, practitioner, strengthening |
| Subjects: | leadership, behavioral psychology, conflict resolution, health safety and environment, structural engineering, performance management, project delivery, practitioner, dispute resolution, business |
| Topics: | Organizational Design, Legal Issues, Quality Management, Stakeholder Management, Roles and Professions, Governance, Business Strategy, Health and Safety, Research Practice, Project Management, Engineering Principles |
| Descriptive scope: | 2 PC |
N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here