Bilateral learning model in construction claim negotiations

Lu, W; Zhang, L and Bai, F (2016) Bilateral learning model in construction claim negotiations. Engineering, Construction and Architectural Management, 23(4), pp. 448-463. ISSN 0969-9988

Abstract

Purpose - The learning ability on critical bargaining information contributes to accelerating construction claim negotiations in the win-win situation. The purpose of this paper is to study how to apply Zeuthen strategy and Bayesian learning to simulate the dynamic bargaining process of claim negotiations with the consideration of discount factor and risk attitude. Design/methodology/approach - The authors first adopted certainty equivalent method and curve fitting to build a party’s own curve utility function. Taking the opponent’s bottom line as the learning goal, the authors introduced Bayesian learning to refine former predicted linear utility function of the opponent according to every new counteroffer. Both parties' utility functions were revised by taking discount factors into consideration. Accordingly, the authors developed a bilateral learning model in construction claim negotiations based on Zeuthen strategy. Findings - The consistency of Zeuthen strategy and the Nash bargaining solution model guarantees the effectiveness of the bilateral learning model. Moreover, the illustrative example verifies the feasibility of this model. Research limitations/implications - As the authors developed the bilateral learning model by mathematical deduction, scholars are expected to collect empirical cases and compare actual solutions and model solutions in order to modify the model in future studies. Practical implications - Negotiators could refer to this model to make offers dynamically, which is favorable for the parties to reach an agreement quickly and to avoid the escalation of claims into disputes. Originality/value - The proposed model provides a supplement to the existing studies on dynamic construction claim negotiations.

Item Type: Article
Uncontrolled Keywords: Bayesian learning; claim negotiation; discount factor; risk attitude; zeuthen strategy
Index terms: bayesian learning, risk attitude, guarantee, Zeuthen strategy, construction claim, claim negotiation, methodology, dispute, future study, discount factor, negotiation, bargaining, effectiveness
Subjects: payment, conflict resolution, contract management, decision-making and reasoning, research methods, economics, performance management, contract structure, economic analysis, artificial intelligence, dispute resolution, research design and methodology
Topics: Procurement, Stakeholder Management, Research Practice, Business Strategy, Organizational Design, Contract Administration, Quality Management, Supply Chain Management, Legal Issues, Digital Applications
Descriptive scope: 4 PCTA

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