Anvuur, A; Kumaraswamy, M; Mahesh, G; (2006) Which governs - the relationship or the contract? In: Sivyer, E, (ed.) COBRA 2006 Proceedings of the Annual Research Conference of the Royal Institution of Chartered Surveyors Held on Thursday 7th and Friday 8th September 2006 at University College London. (pp. 99 - 106). RICS Foundation/ The Bartlett School, University College London: London, UK.

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Abstract

According to the transaction cost economics literature, a firm’s external contractual relationships must be ‘fit for purpose’. What is a ‘fit for purpose’ contractual relationship should not be a normative decision, but an objective one, to be made with regard to achieving transaction cost efficiency, while defending the core competencies of the firm. Data from a Hong Kong case study is used to examine whether or not the client’s choice of contractual relationship is ‘fit for purpose’ and also to evaluate the impact of such a choice. The findings suggest that maintaining a relationship of high quality as a strategic policy not only reduces recourse to the contract but, also improves the quality and predictability of project performance and, is an antidote to ill-aligned contractual elements. These findings lend support to the growing trend towards relationship or relational contracting in construction.

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