An institutional theory of public contracts

regulatory implications

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An institutional theory of public contracts
Pablo T. Spiller
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Last edited by MARC Bot
December 22, 2020 | History

An institutional theory of public contracts

regulatory implications

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"The fundamental feature of private contracting is its relational nature. When faced with unforeseen or unexpected circumstances, private parties, as long as the relation remains worthwhile, adjust their required performance without the need for costly renegotiation or formal recontracting. Public contracting, on the other hand, seems to be characterized by formalized, standardized, bureaucratic, rigid procedures. Common wisdom sees public contracts as generally more inflexible, requiring more frequent formal renegotiation, having a higher tendency to litigate, and providing weaker incentives. In sum, public contracts are perceived to be less "efficient." In this paper I develop a theory of public contracting that accommodates these stark differences between private and public contracting. The thrust of the paper is that these differences arise directly because of the different hazards present in public and purely private contracts, which directly impact the nature of the resulting contractual forms. A fundamental corollary of this result is that the perceived inefficiency of public or governmental contracting is simply the result of contractual adaptation to different inherent hazards, and as such is not directly remediable. Finally, I apply the main insights from the general framework developed here to understand the characteristics of concession contracts"--National Bureau of Economic Research web site.

Publish Date
Language
English

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Cover of: An institutional theory of public contracts
An institutional theory of public contracts: regulatory implications
2008, National Bureau of Economic Research
Electronic resource in English

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Edition Notes

Title from PDF file as viewed on 8/20/2008.

Includes bibliographical references.

Also available in print.

System requirements: Adobe Acrobat Reader.

Mode of access: World Wide Web.

Published in
Cambridge, MA
Series
NBER working paper series -- working paper 14152, Working paper series (National Bureau of Economic Research : Online) -- working paper no. 14152.

Classifications

Library of Congress
HB1

The Physical Object

Format
Electronic resource

ID Numbers

Open Library
OL17117529M
LCCN
2008611019

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December 22, 2020 Edited by MARC Bot import existing book
July 29, 2012 Edited by VacuumBot Updated format '[electronic resource] :' to 'Electronic resource'
December 15, 2009 Edited by WorkBot link works
October 28, 2008 Edited by ImportBot Found a matching Library of Congress MARC record
September 27, 2008 Created by ImportBot Imported from Library of Congress MARC record