SPONSORS

SPONSORS

Artificial Intelligence Contract

How Algorithms and Machines have Disrupted the way Law is Practices

 

STUDENT PAPER

By Y-son Nguyên

SKEMA Business School

Paris, France

 


 

ABSTRACT

Artificial Intelligence, machine learning, algorithms…These innovations have disrupted every industry in our society. As this technological revolution also affected the legal environment, because of its essence (in other words, because it needs to be regulated), and especially how the law is practiced.  Thus, in our study, we will investigate AI related contracts and what is the effect of algorithms on contracts. We will consider five main options linked with the purpose of our study: the creation of an “electronic personality” in order to recognize AI value creation, improving “smart contracts”, emphasizing on the working relationship between machines and lawyers, and imposing a ban on AI. To rank these alternatives, we will use several criteria to evaluate them, and we will refine our analysis through a qualitative and quantitative analysis. At the end of our study, we will conclude that making “smart contracts” smart stands out as the best way to improve how the law is practiced today.  Indeed, as an intelligent machine, it is able to outperform a human. Nonetheless, the lawyer profession is still needed to make smart contracts intelligent.

Key words:      Artificial Intelligence, AI, Contract, Technology, Law, Dat, Machine Learning, Algorithms

INTRODUCTION

Our society has known many revolutions, from the industrial one in the XVIIIth century to the IT one during the XXth century. Nowadays we are assisting in the evolution of how humans interact with their connected environment[1]. Indeed, we are living in a world where technology has a major impact in many fields: health, finance, law, security, etc. Artificial Intelligence (AI) is the product that can define the most how intelligent algorithms are helping us to better improve.

Moreover, AI is a product that can also be considered as a project, a program, or a portfolio[2]. Indeed, we can see in our table some examples[3],[4],[5]

More…

 

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director paul.gardiner@skema.edu.

How to cite this paper: Nguyên, Y. (2019). Artificial Intelligence Contract: How Algorithms and Machines have Disrupted the way Law is Practices, PM World Journal, Vol. VIII, Issue IX, October.  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/10/pmwj86-Oct2019-Nguyen-artificial-intelligence-contract.pdf

 


 

About the Author


Y-son Nguyên

Paris, France

 

 

 

 Y-son Nguyên is a young Project Manager of 23 years old and a former PGE Student at SKEMA Business School where he did the MSC Project and Program Management and Business Development. He has a strong international background since he lived in France, USA, Brazil, and he is deeply rooted with Vietnamese culture

After graduating from High school and passed his economical and social “baccalaureate” with honors; he did a Preparatory class for competitive entrance into French Business School during 2 years Paris. He integrated the “Programme Grande Ecole” of SKEMA BS in Management in 2015. During his time in SKEMA BS, Y-son also had several significant work experiences.

Attracted by the consulting environment and project management, he dedicated myself to develop an intellectual curiosity necessary to both of these sectors since he was 16 years old. Indeed, his different experiences in other cultures such as in Vietnam (2013) or in the United States (2017) and Brazil (2018) allowed him to take a step back from our society.

Indeed, he worked as a project manager in two associations. This commitment allowed him to take part to many projects related to sports and music. Then he worked as a project manager for 9 months in an IT consulting firm, currently located in Paris.

For now, Y-son is a consultant at Accenture in Paris.

Y-son currently lives in Paris, France and can be contacted at yson.nguyen@skema.edu; you can also send him a message via Linkedin: https://www.linkedin.com/in/y-son-nguyen-4a3256bb/

 

[1] Giulio Coraggio (2018), How artificial is changing the world around us. Retrieved from: https://www.gamingtechlaw.com/2016/10/artificial-intelligence-world-change.html

[2] Planning Planet (2015), GUILD OF PROJECT CONTROLS COMPENDIUM and REFERENCE (CaR). Retrieved from: http://www.planningplanet.com/guild/gpccar/introduction-to-managing-people

[3] Patrick Moorhead (2018), Apple’s New iPhone Recycling Robot ‘Daisy’ Is Impressive, And In Austin. Retrieved from: https://www.forbes.com/sites/patrickmoorhead/2018/04/19/apples-new-iphone-recycling-robot-daisy-is-impressive-and-in-austin/#a9c0adf7f2e4

[4] Daffodil Software (2017), 9 Applications of Machine Learning from Day-to-Day Life. Retrieved from: https://medium.com/app-affairs/9-applications-of-machine-learning-from-day-to-day-life-112a47a429d0

[5] Andres Richter (2018), How Artificial Intelligence Is Changing ERP. Retrieved from: https://www.industryweek.com/technology-and-iiot/how-artificial-intelligence-changing-erp

 

Which Contract Management technique

can help make a project successful in the construction industry?

 

STUDENT PAPER

By Reda Elidrissi

SKEMA Business School

Paris, France

 


 

ABSTRACT

Construction Industry represents a huge part on the worldwide economy; as years passed projects are increasing, both contractors and owners fail to reach their objectives. However, the management of projects require to respect many criteria to be successful. This paper will identify and explain how a project fails; then bring and show some alternatives on how to solve this issue. Different analysis will be shown such as qualitative and quantitative methods. The results obtained from this paper will show and explain why contractors and owners should select the CM Agency Method In the construction industry.

Key words:     Construction, Failure, Contract Management, Project Management, Project Success Factors, Incentive Contracting, Risks

INTRODUCTION

The industry of construction is huge industry and one of the main industries in all over the world. “The global construction industry is expected to reach an estimated $10.5 trillion by 2023, and it is forecast to grow at a CAGR of 4.2% from 2018 to 2023.”[1] This huge growth can lead to different can of failure during time.

What’s a project? Project is defined to be “an investment that requires a set of logically linked and coordinated activities performed over a finite period of time in order to accomplish a unique result in support of a desired outcome”[2]. On another hand, according to the Guild of project controls compendium projects are means to an end to “acquire, create, update, maintain, expand and eventually dispose” of organizational assets”[3] .

The table below will explain project, program, portfolio of assets and portfolio of projects; and with a real-life example for each one in the construction industry.

More…

 

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director paul.gardiner@skema.edu.

How to cite this paper: Elidrissi, R. (2019). Which Contract Management technique is able to make a project successful in the construction industry? PM World Journal, Vol. VIII, Issue IX, October. Available online at https://pmworldlibrary.net/wp-content/uploads/2019/10/pmwj86-Oct2019-Elidrissi-which-contract-management-technique.pdf

 


 

About the Author


Reda Elidrissi

Paris, France

 

 

 

Reda Elidrissi is currently a master student in Skema Business School, pursuing a Master of Science in Project and Programme Management & Business Development (P.P.M.B.D). He graduated from Al Akhawayn University in Morocco and holds a Bachelor’s degree in Business Administration with a double major in Finance and Logistic. He has attended two internships in different company’s industry in Morocco. He performed humanitarian work during his university years. He lives in Paris now and can be contacted at reda.elidrissi@skema.edu

 

[1] Markets, R. (2018). Growth Opportunities for the Global Construction Industry 2018-2023 – A Potential $10.5 Trillion Market. [online] Prnewswire. Available at: https://www.prnewswire.com/news-releases/growth-opportunities-for-the-global-construction-industry-2018-2023—a-potential-105-trillion-market-300578103.html  [Accessed 23 Nov. 2018].

[2] Harris, P., Kriel, J., LeServe, M., Riaz, Y., Giammalvo, D. P. D., Illingworth, S., … Weaver, P. (n.d.). 01.1.2. In Guild of project controls compendium and reference (car). Retrieved from http://www.planningplanet.com/guild/gpccar/introduction-to-managing-project-controls?fbclid=IwAR28qfz7FcD6qA60EI1dtZs03w9m7QRPXKd5q1b1dTVNm98qRvAE-0tf0HA

[3] Guild of Project Controls Compendium (http://www.planningplanet.com/guild/gpccar/introduction-to-managing-project-controls)

 

How to prevent disputes in construction contracts

due to cultural differences

 

STUDENT PAPER

By Arthur Durand

SKEMA Business School

Lille, France

 


 

ABSTRACT

This article aims to prevent cultural disputes. Indeed, projects and contracts in the international construction area meet a lot of obstacles, where disputes are the most damaging. They can cost lot of time, money and even sometimes conduct to the failure of those one.

To solve this problem, we will consider adequate alternatives with the best attributes to evaluate the value of these alternatives. We forecast to use Multi-Attribute Decision Making methods and Pareto analysis, to find the fittest solution to this problem.

Key words:     Construction contracts/culture/Dispute/resolution/Way of thinking/success.

INTRODUCTION

The construction sector involves a large range of international actors in different sectors. Those stakeholders have various “political, legal, economic, and cultural backgrounds”[1]. Many constructions companies propose a wide pack of product. China, USA and India own most of the market shares in the world. “Leading U.S.-based construction contractors in 2017, based on new contracts (in million U.S. dollars)”[2] are The Turner Corp, Fluor Corp and Skanska. Usually most of the companies “involved in on-site construction are small and local”[3]. An organism exists at a bigger level named “the international construction industry”[4], but most of this sector activity is done by local business. However, there is a trend in this sector to outsource the supply of goods and services used in the construction process. Firms ask for specialized services via subcontractors.

Indeed, in construction case, most of the disputes come from the shock of diverse cultural approaches of the contracts and the way of understanding the terms. Cultural discordances and culture have to be managed well and carefully because “these concepts become more critical in construction due to the nature of contracting, internationalization of procurement, joint venturing, and partnering in this industry” [5].

In this situation, many parts are involved, to owner from subcontractors. They have to deal with many elements like time, cost and quality expected. The biggest issue is disputes due to various interests where culture have a big impact.

The growth of strategic alliances in this area also rise the meaning of cultural differences due to people coming from different cultures interacting.

Many researchers proposed some different definition of culture. Hofstede’s has defined culture in an organizational way as “the collective programming of the mind which distinguishes one group from another” [6]. Barthorpe tried to give an easier definition as ‘‘what we are and what we do as a society’’[7].  For Holden, it’s just “varieties of common knowledge.” [8]

More…

 

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director paul.gardiner@skema.edu.

How to cite this paper: Durand, A. (2019). How to prevent disputes in construction contracts due to cultural differences, PM World Journal, Vol. VIII, Issue IX, October.  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/10/pmwj86-Oct2019-Durand-prevent-disputes-in-construction-due-to-cultural-differences.pdf

 


 

About the Author


Arthur Durand

Lille, France

 

 

 

Arthur Durand is a student in SKEMA Business School and currently doing a master in a Program Project management and business development. He passed the Agile PM this year and is currently searching more experience in project management area. He did an internship at BADENOCH & CLARK Company during the first six months of 2019 year. Currently researching a second internship in project management to complete my gap year, He finished his last semester of study in April 2019.

He spent one semester in Suzhou (China) in Fall 2015 and one in Belo Horizonte (Brazil) in Spring 2018, where he learned how to deal with cultural differences. This experience allowed him to write an essay on Prevent disputes in construction contract due to cultural differences. He completed an internship in Philippines as a teacher in Angeles city during the 2017 summer. It was a humanitarian experience helping to educate Pilipino youth. He gave mathematics and English courses to orphan children who needed education to succeed in life. Arthur has worked in companies during summer since he was eighteen to finance his expensive studies. he worked at INTERSPORT as a cashier, at BOULANGER as a seller and finally at FRUIDOR as quality manager.

Dr Paul D. Giammalvo helped a lot to achieve this goal; thanks to Dr. Giammalvo for giving advice and feedback on work and courses with a work methodology.

Arthur can be contacted at arthur.durand@skema.edu

 

[1] Edwin H.W Chan and Raymond Y.C Tse (2003) – Cultural consideration in international construction contracts. Retrieved from https://pdfs.semanticscholar.org/8686/54fbf0a05f76ab9dd518308182bb7f5d047e.pdf

[2] Statista. (n.d). U.S. Construction Industry – Statistics & Fact. Retrieved from https://www.statista.com/topics/974/construction/

[3] International Labour Organization. (n.d).Construction sector. Retrieved from http://www.ilo.org/global/industries-and-sectors/construction/lang–en/index.htm

[4] International Labour Organization (n.d). Construction sector. Retrieved from http://www.ilo.org/global/industries-and-sectors/construction/lang–en/index.htm

[5] Reach Gate. (n.d). Impact of cultural differences on project success in construction.  Retrieved from https://www.researchgate.net/publication/265973264_Impacts_of_cultural_differences_on_project_success_in_construction

[6] Reach Gate. (n.d). Impact of cultural differences on project success in construction.  Retrieved from https://www.researchgate.net/publication/265973264_Impacts_of_cultural_differences_on_project_success_in_construction

[7] Reach Gate. (n.d). Impact of cultural differences on project success in construction.  Retrieved from https://www.researchgate.net/publication/265973264_Impacts_of_cultural_differences_on_project_success_in_construction

[8]Reach Gate. (n.d). Impact of cultural differences on project success in construction.  Retrieved from https://www.researchgate.net/publication/265973264_Impacts_of_cultural_differences_on_project_success_in_construction

 

 

The Best Ways

to Resolve Contractual Disputes in E-commerce

 

STUDENT PAPER

By Anwesha Bhattacharya

SKEMA Business School

Paris, France

 


 

ABSTRACT

The tremendous boom in the past decade in the world of internet has significantly demanded the need for strong resolution solutions for contractual disputes in the world of e-commerce. This paper follows the different ways to resolve these disputes and finally to come up with a fit that best suits the e-commerce disputes.

To lead us up to this solution many tools like root cause analysis, additive weighting technique, qualitative and quantitative analysis has been used and thus a solution that best fits the problem has been come up with.

Key words:      E-Commerce, E-contracts, Internet, Dispute resolution, Contracts, Management,

INTRODUCTION

In this growing world of the internet, the ‘online presence’ of any company has essentially become the pathway which shows if your business would flourish or die out. This undeniable involves e-commerce contracts which can be vaguely defined as “any contracts that you or your company sign with any technology service provider having anything to do with the internet is an e-commerce contract” [1]. Increasingly companies are turning towards this approach as it not only shows tremendous a growth but also helps a lot in terms of not having to acquire an actual shop. Many well-established companies like Nike, Sephora, H&M who have a lot of market hold and proper showroom also invest in their online shops because of the growing trend in this sector.

“It is defined as any business transaction that has been negotiated over an online system and where the parties interact electronically rather than by physical exchange or contact”[2]. Most of the transactions are between the business and the customers (B2C), this could happen directly through the exact brand/company’s website or by third party websites like Amazon, Shein etc. “Electronic commerce draws on such technologies as electronic funds transfer, supply chain management, Internet marketing, online transaction processing, electronic data interchange EDI, inventory management systems, and automated data collection systems”[3]. “Data integrity and security are very hot and pressing issues for electronic commerce”[4].

These contracts include many attributes of the cyber law and also depends on the jurisdiction of that particular topography. As a result, there are usually disputes arising from the above stated set of complex conditions. For a business to customer transaction (B2C) the amount of shipment is generally restricted to a certain number of items per customer in the clause but disputes might arise in such overseas situations while dealing with business to business transactions (B2B) at the borders due to taxes or unforeseen situations.

The need of a proper e-commerce contracts is indirectly/indirectly related to project management these days as there is a rising demand for more and more product marketing and project marketing marketing/advertisement scope of the projects. Also, if a company decides to outsource or buy products through a company that is entirely based online then there arises a serious need for a good e-commerce contracts that is specific to the matter.

Understanding the causes for these disputes and a deeper realization of where the problem arises will shed some light to the methods or ways that it could be easily resolved. For this research I have visited many online law websites that specializes in e-contracts and its disputes. This has led to the  root cause analysis of this paper which is actually identifying the reasons for disputes in e-commerce.

More…

 

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director paul.gardiner@skema.edu.

How to cite this paper: Bhattacharya, A. (2019). The Best Ways to Resolve Contractual Disputes in E-commerce, PM World Journal, Vol. VIII, Issue IX, October.  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/10/pmwj86-Oct2019-Bhattacharya-resolve-contractual-disputes-in-ecommerce.pdf

 


 

About the Author


Anwesha Bhattacharya

Paris, France

 

 

Anwesha Bhattacharya is currently pursuing Msc. in Project and Programme Management and Business Development from Skema Business School Paris. Having experience in Business development for about a year she is looking to further her career into project management field. She holds a bachelor’s degree Electronics Engineering from the University of Mumbai, India. She has completed internships in multiple cities in India for business development and has worked as a business developer cum analyst in Mumbai for 4 months before pursuing this degree.

Anwesha lives in Paris and can be contacted via e-mail at anwesha.bhattacharya@skema.edu

 

[1] Schaefer, E. (2012, January 05). What is an E-Commerce Contract? Retrieved October 23, 2018, from http://tcattorney.typepad.com/contracts/2012/01/what-is-an-e-commerce-contract.html

[2] L. (2018, October). Challenges of E Commerce to Traditional Contracts. Retrieved from https://www.lawteacher.net/free-law-essays/contract-law/challenges-of-e-commerce-to-traditional-contracts-contract-law-essay.php

[3] E-COMMERCE and E-CONTRACT. (2018, April 17). Retrieved from https://www.legalbites.in/e-commerce-e-contract/

[4] E-COMMERCE and E-CONTRACT. (2018, April 17). Retrieved from https://www.legalbites.in/e-commerce-e-contract/

 

 

Alternative dispute resolution between actors and directors

or how to avoid the crisis

 

STUDENT PAPER

By Gabriel Héaulme

SKEMA Business School

Lille, France

 


 

Abstract

This paper aims at understanding the financial and time risks of a dispute on a film set and what are the best alternative resolution that could be implemented. Along this paper we will tried to analyse and compare the alternatives. We will first define how this theme is linked to project, practice and program portfolio, then we will try to understand all the issues linked to the movie production industry through the main causes of disputes thanks to a Root cause analysis. Then, we used specific tools such as a non-compensatory model, a multi-attribute decision-making grid, a matrix analysis and, an additive weighting technique model. We used them to assess each scoring attributes, each alternative, and finally the best alternative dispute resolution.

Finally, prevention seems to be the best alternative dispute resolution. We will make a Pareto analysis to highlight the impact of disputes with Prevention and without it.

Key words:      Conflict Resolution, Movies Failure, Alternative Dispute Resolution, Mediator, Contractual Disputes

Introduction

“A long dispute means that both parties are wrong.” – Anonymous. This quote may mean that while two or more people are arguing in a conflict, they are wasting time, money, and energy that could have been used for something more useful. And at the end, everyone is losing. Movies or stages actors can play a lot of roles and emotions, they can pretend to be edgy, but that does not prevent them to face real dispute. Indeed, in this area, actors and directors might face many tensions and sources of conflict, last august, for instance, the well-known director Danny Boyle quitted the new Bond film few weeks before starting filming due to a dispute with the main actor. How much, this kind of problem, could cost for the company? Concretely, dispute could be the causes of project failure in the movie world, it is a key point of concern in this industry where the rise in budgets has new records every year (+ 13.4% of budgets between 2015 and 2016 in France).[1]

As in the example given above, stakeholders in the film world may be under constant emotional pressure that can lead to arguments that will not find any compromise. That is why, these stakeholders should try to find more original ways to solve problems such as the Alternative Dispute Resolution. Any process of allowing conflicting parties to amicably seek and accept a solution to cease the conflict or any intervention by a third party that avoids the use of a procedure will be considered as alternative. “ADR is usually less formal, less expensive, and less time-consuming than a trial. ADR can also give people more opportunity to determine when and how their dispute will be resolved.”[2]

These alternative solutions could be arbitration, conciliation, mediation, negotiation, collaborative law, … We think this kind of tool could reduce the risks and costs of disputes between actors and directors. Disputes are a main issue in this sector, and even if they are finally solved, the legal procedure, in front of a court could cause a project failure, high costs, an increase in the delays and a bad image for the production team regarding the public who could be affected.

As we know a project is a temporary process, moreover, project management can be defined as “the application of knowledge, skills, tools and techniques to project activities in order to meet or exceed stakeholder needs and expectations for the project”[3]. The realization of a movie is a deliverable of a unique product in a temporary project defined by contract. The relationship and the tasks that need to be done appear in this contract. It is a response to a need and deployed in a specific context in this industry.

To better understand how this topic of movie production is related to the definitions of project, portfolio, program and assets, the table below will go into more detail on each of these points.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director paul.gardiner@skema.edu.

How to cite this paper: Héaulme, G. (2019). Alternative dispute resolution between actors and directors or how to avoid the crisis, PM World Journal, Vol. VIII, Issue VIII, September.  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/09/pmwj85-Sep2019-Heaulme-alternative-dispute-resolution-between-actors-and-directors.pdf

 


 

About the Author


Gabriel Héaulme

Lille, France

 

 

 

Gabriel Héaulme is a PGE Student at SKEMA Business School currently in Msc Project Management and Program Management and Business Development in Lille, France.

Passionate about cinema, he has had many professional experiences in this field, both in front of and behind the camera. Highly involved in acting, he is now an improvisation teacher in Lille and leads a group of 14 people. At the same time, he manages a group of young Scouts aged 14 to 17 years old where his project management skills are highly appreciated for a team that wants to go abroad in the summer of 2019. He also had the opportunity to manage an international solidarity project on August 2015 with the objective of building a classroom in a school near Dschang in Cameroon. He recently received the PRINCE2 and Agile certifications during his semester.

Gabriel Héaulme can be contacted at gabriel.heaulme@skema.edu Or gabrielheaulme@hotmail.fr

Also available via his LinkedIn: https://www.linkedin.com/in/gabriel-héaulme-46a207130/

 

[1] Editor’s note: Number of movies approved by the CNC. https://www.afcinema.com/La-production-cinematographique-en-2016.html

[2] Quote from California Courts, © 2018 Judicial Council of California http://www.courts.ca.gov/3074.htm

[3]William R. Duncan (1996) – A guide to the project management body of knowledge http://www2.fiit.stuba.sk/~bielik/courses/msi-slov/reporty/pmbok.pdf

 

 

An Analysis of the Resolution of Disputes in E-contracts

using Multiple Analysis Methods

 

STUDENT PAPER

By Feiran Liu

SKEMA Business School

China and Lille, France

 


 

ABSTRACT

This article’s aim is to analyze the causes of disputes in E-contract and the alternative solutions to these disputes. There are three questions presented to promote the analysis which are how do buyers and sellers reach a consensus in a dispute? In the dispute, how to maintain the legal status of buyers and sellers equal? What is the most notable problem in dispute resolution? The analysis is carried out by the cause and effect diagram in root cause analysis, the Non-Dimensional Scaling Technique, a Non-Compensatory approach, the addictive weighting technique and the Pareto analysis. After analysis, six resolutions for resolving e-contract disputes have been proposed, and it is found that Buyer resolves independently is the best solution.

Keywords:      E-contract, causes of disputes, e-contract disputes, conflicts, alternative resolutions

INTRODUCTION

“Nowadays with China’s e-commerce develops rapidly, the numbers of e-contract disputes increase significantly”[1]. “Only in one province of China, Guangdong Province from 2011 to 2013, the average annual growth rate of e-contract disputes was 24%, and the average annual growth rate of new types of cases has reached 75%.”[2] The data showed that from May 2014 to April 2015, the E-commerce Trial Collegiate Panel in Guangdong “had accepted 19 e-contract dispute cases and concluded 14 cases;”[3]  And from May 2015 to April 2016, 266 cases of the same type were accepted and 192 cases were concluded; From May 2016 to April 2017, 107 cases of the same type were accepted and 148 cases were concluded [4]. Among these e-contract cases, the online shopping contract disputes accounted for more than 80%, and the remaining balances were other disputes such as intellectual property rights violations and privacy violations. In view of the large proportion of online shopping contract disputes, this report mainly emphasis on the analysis of the causes of online shopping contract disputes.

Generally speaking, the causes of e-contract disputes are numerous, however the dispute causes are mainly concentrated, and there are certain commonalities. Therefore, by the help of data in recent years, the causes of e-contract disputes are principally determined and classified into the following four categories according to their characters: seller related, buyer related, contract related, third party related. There are sub categories (11 in total) for each cause, which will be further studied according to the cause and effect diagram in root cause analysis (see figure 1).

Figure 1. Cause-and-Effect diagram[5]

E-commerce can facilitate people’s lives which is a manifestation of social development and progress. However, in the process of e-commerce transactions, conflicts are inevitable because of the different positions and opinions between the contract parties, and if conflicts are not resolved in time, it is easily to convert into disputes. Disputes of e-contract belongs to the scope of e-commerce projects, and their existence are a crucial obstacle to the completion of e-commerce projects to some extent. But according to Fenn et al. (1997) “conflict and dispute are two distinct notations. Conflict exists wherever there is incompatibility of interest. Conflict can be managed, possibly to the extent of preventing a dispute resulting from the conflict” [6]. Hence, analyzing the causes of disputes could promote the exploration of the underlying source of conflicts, which can help e-commerce managers to evade and manage, also helps to improve the e-commerce project contracts and regulations. Thus it will promote the completion of electronic projects and alleviate the current sudden increase in the number of electronic dispute cases in China to a certain extent.

This article aims to analyze the causes of conflicts in e-contracts and provide solutions. To achieve this goal, detailed analysis will be conducted in the following articles. At the end of the article, readers will have a clear and crystal understanding of the causes of disputes in e-contracts. And more importantly, this article will provide practical suggestions and solutions in order to obtain better solutions of the e-contract disputes in actual e-commerce projects.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director paul.gardiner@skema.edu.

How to cite this paper: Liu, F. (2019). An Analysis of the Resolution of Disputes in E-contracts using Multiple Analysis Methods, PM World Journal, Vol. VIII, Issue VIII, September.  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/09/pmwj85-Sep2019-Liu-resolutions-of-disputes-in-econtracts.pdf

 


 

About the Author


Feiran LIU

Zibo, China

 

 

 

Feiran LIU is a student of MSc Project and Programme Management & Business Development at SKEMA Business School in Lille Campus. Born in Zibo, China, she has obtained a bachelor’s degree in Water Supply and Drainage Science and Engineering from Qingdao Technological University. During her bachelor’s degree, she had a short internship at Shandong Tianwei Engineering Technology Co., Ltd. and Licunhe Wastewater Treatment Plant. She has a certain knowledge reserve for engineering design and sewage treatment, and now she is studying for project management in SKEMA Business School in France.

Feiran lives in Zibo, China, and can be contacted at feiranatasha@hotmail.com.

To view more information about Feiran, check out her LinkedIn page at: https://www.linkedin.com/in/%E6%96%90%E7%84%B6-%E5%88%98-78a238173/

 

[1] Nanfang Daily. 10 e-commerce disputes involving 7 online shopping. Retrieved from http://tech.sina.com.cn/roll/2017-06-19/doc-ifyhfpat5274601.shtml

[2] Nanfang Daily. 10 e-commerce disputes involving 7 online shopping. Retrieved from http://tech.sina.com.cn/roll/2017-06-19/doc-ifyhfpat5274601.shtml

[3] Nanfang Daily. 10 e-commerce disputes involving 7 online shopping. Retrieved from http://tech.sina.com.cn/roll/2017-06-19/doc-ifyhfpat5274601.shtml

[4] Nanfang Daily. 10 e-commerce disputes involving 7 online shopping. Retrieved from http://tech.sina.com.cn/roll/2017-06-19/doc-ifyhfpat5274601.shtml

[5] By Author.

[6] Emre Cakmak and Pinar Irlayici Cakmak. An analysis of causes of disputes in the construction industry using analytical network process. Retrieved from https://www.sciencedirect.com/science/article/pii/S1877042813050738

 

 

Can construction disputes be settled easily?

 

STUDENT PAPER

By Vamsi Maru

SKEMA Business School

India and Paris, France

 


 

ABSTRACT

Construction is one of the most booming business in the world. It is one of the important sources of generating employment and capital. The construction industry is larger and more complex because of the involvement of various parties associated with the project. Due to its complexity, various risks are involved like delays, improper cash flow, lack of skill, change orders and environmental conditions; if these are not cleared they lead to Disputes. Disputes can break the relationship among the participants, affect the work quality and productivity, leading to claims and may lead to project fail if it is not managed inappropriate method. The aim of this paper is to present different types of disputes that occur in construction and analyzing various alternative dispute resolution methods using Multi-Attribute Decision Model by comparing different resolution methods between them and providing the best option to resolve the disputes without claims. These findings can be helpful to construction practitioners in understanding the dispute problems that occur frequently. This can minimize the risk of cost overruns associated with disputes.

Key words:      Construction dispute, Delay Causes, Road construction, Contract errors, Claims

INTRODUCTION  

The construction industry is complex, unique, and span for long period, which make more challenging to avoid disputes. Depending upon delivery method,  type of skills, and required type of contract to use an employee, have different forms of disputes. Disputes are never budgeted for therefore occurrence of any disputes turn out to be very costly. it can damage financial and human resources, time, quality of work, and opportunity cost. Therefore, disputes are unavoidable. It should be managed properly by assessing the causes.

                                               FIGURE 1. Risks changing into disputes[1]

“Road construction contracts are responsible for several types of disputes. The disputes may be among the client and the contractor, the key contractor, and sub-contractor over-compensation, concert of the contract, delay and disturbance of works, design variations, value escalation, the value of works etc.  Maximum disputes are fixed by compromise among the contracting revelries without the participation of third party[2].   The accessing architect and engineer tenacity maximum disputes that might arise through the development of the work on site. Roughly cases still may need the structure of dispute review professional or panel. Still, around cases could be mentioned to an autonomous adjudicator to seek practical solutions and disputing revelries may intentionally accept and implement the result of the adjudicator. Subsequently exhausting the preceding dispute resolution mechanisms, it may be inevitable to take the substance to arbitration, frequently for last and binding reward that is enforceable by public law court like any court decision”[3]

“Construction Claim can be well-defined as an appeal by any revelry to the agreement, frequently the Contractor, for reimbursement of reparations produced by a disaster of the further party to achieve his portion of responsibilities as stated in the contract. The reimbursement is frequently in the method of the added compensation or an extra time.

Claims are”[4] inevitable in road construction projects. Claims are an appeal for time and financial reimbursement for repairs acquired by any revelry to the agreement. The amount and occurrence of claims have enlarged over current years due to the upsurge in the proportions and complication of these missions. These claims outcome in cost overruns, agenda interruptions and combative relations amongst the contracting revelries[5].

The below Figure 2. shows the typical worth of construction conflicts globally between 2011 and 2016, corresponding by area. In 2016, the average value of construction disputes globally was 216 million U.S. dollars. A conflict was charted as a condition of concerns wherever 2 parties take problem within the declaration of a written bond right. The value of this dispute is that the extra claim to it enclosed within the contract.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director paul.gardiner@skema.edu.

How to cite this paper: Maru, V. (2019). Can construction disputes be settled easily? PM World Journal, Vol. VIII, Issue VIII, September.  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/09/pmwj85-Sep2019-Maru-can-construction-disputes-be-settled-easily.pdf

 


 

About the Author


Vamsi Maru

Paris, France

 

 

 

 

Vamsi Maru is an Indian national student, is 22 years old and comes from Andhra Pradesh state located in South India. He comes from an engineering background with a bachelor’s degree in Industrial Engineering from GITAM university, India.

At the beginning of year 2018, he chose to study Project Management as a specialization and integrated Skema’s Master of Science in Project and Program Management and Business Development. He strongly believes that Project Management is more than a subject, a competence, that is absolutely needed today to make successful projects and have a clear approach to how to deal with schedule and stakeholders within projects in every single topic. Vamsi is certified in AGILEPM Foundation, PRINCE2 Foundation, Lean Six Sigma yellow Belt.

Vamsi lives in Paris and can be contacted at vamsikrishna.maru@gmail.com

 

[1] STUDY OF CONSTRUCTION DISPUTES & IT’s RESOLUTION THROUGH ARBITRATION? (2015, August 9). Retrieved from https://www.slideshare.net/abhishekshah798/c-51427660

[2] (PDF) Assessment of Construction Dispute Resolution in Ethiopian Somali Regional State Road Projects: A Case Study on Road Projects in the Region. (n.d.). Retrieved from https://www.researchgate.net/publication/321012269_Assessment_of_Construction_Dispute_Resolution_in_Ethiopian_Somali_Regional_State_Road_Projects_A_Case_Study_on_Road_Projects_in_the_Region

[3] Dispute_paper[1]. (2016, September 21). Retrieved from https://www.slideshare.net/YolenteMacarubbo/disputepaper1

[4] “Types and Causes of Construction Claims”. (2015, 28). Retrieved from https://www.slideshare.net/abhishekshah798/types-and-causes-of-construction-claims

[5] Causes of claims in road construction projects in the UAE. (2016, December 14). Retrieved from https://www.tandfonline.com/doi/abs/10.1080/15623599.2016.1230959

 

 

Digital Transformation in Financial Services

What Cost Estimation Methodology to Choose?

 

STUDENT PAPER

By Soukaina Touil

SKEMA Business School

Morocco and Lille, France

 


 

ABSTRACT

In a rapidly changing digital world, the financial services industry is struggling to stay competitive through digital transformation projects. Indeed, financial institutions today are engaging in huge digital transformation projects to stay up to date and create value. However, many of them fail in their digital transformation projects, mainly due to cost overruns. This paper discusses the reasons leading to the projects’ failure through a root cause analysis, followed by a presentation of the different alternatives to the main problem, then an analysis is established of the different alternatives through the multi-decision attribute model and a non-dimensional weighting technique to narrow down the alternatives to one best solution that can be applied to our problem. Finally, a Force-Field analysis is used to determine the forces supporting and hindering the application of our solution.

Key words:      Cost estimation, Financial Services, Digital Transformation, Top-Down, Fintech, Budget Methodologies, Contract, Project, Consulting

INTRODUCTION

In a world where technologies are rapidly evolving, the economic model has transformed in a very competitive way, and businesses are striving to keep up with the digital change and to create a significant competitive advantage. Indeed, “two-thirds of business leaders believe their companies will lose competitiveness if they don’t become significantly more digitized. The pace and volatility of digitization opportunities make it more difficult for IT leaders to help their companies exploit emerging digital opportunities”[3]. Taking this into account, organizations in different industries understood well that they should integrate digital technology into all areas of business, resulting in fundamental changes in how the business operates and delivers value to customers.[4]

Among all industries, the financial services industry, which can be simply defined as the services offered by financial and banking institutions, is struggling to optimize cost-effectiveness and profitability following the last decade’s downturn[5]. As such, this industry is particularly concerned with and affected by the digital transformation and process optimization through different financial technologies, or as they are commonly called, Fintech. Implementing new technologies require a huge investment from the financial institutions. In 2017, they have invested more than $13 billion on Fintech and digital transformation.[6] This number is significantly important compared to the other industries.

However, as much as the rewards can be promising and fruitful, the risk of the Digital Transformation failure is very high. Indeed, 84% of companies fail at digital transformation[7], including financial services institutions. A real example of this kind of failure is Co-op Bank, which has invested £300 million in 2007 in the modernization of its IT systems. Four years later, the whole investment went to waste and the digital transformation was deemed a failure.[8] One of the main reasons leading to this failure was “underdeveloped plans in continual flux and poor budgeting”[9].

However, if we take a closer look into the failing digital transformation projects, we can see that they have followed traditional funding and budgeting models that have closely impacted the failures.[10]

Indeed, the classical budgeting models such as the Top-Down cost estimating approach, have been proven to be inefficient in digital transformation projects. The Top-Down approach takes into consideration the different costs starting from the final deliverable, breaking it down into smaller work packages, and allocate the adequate budget for each package. It identifies tasks quickly and is efficient when there’s a clear insight into the details of a project[11]. However, in a digital transformation project, the emphasis should be put on the word “Transformation”, because it implies change. Implementing new technologies to replace the previous ones requires an agile environment and operating models[12]. The transition into that kind of models require another investment in business agility, and this is what the classical cost estimation approaches do not take into consideration, which leads to budget and schedule overrun and very often to the project failure.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director paul.gardiner@skema.edu.

How to cite this paper: Touil, S. (2019). Digital Transformation in Financial Services: What Cost Estimation Methodology to Choose? PM World Journal, Vol. VIII, Issue VIII, September.  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/09/pmwj85-Sep2019-Touil-digital-transformation-in-financial-services.pdf

 


 

About the Author


Soukaina TOUIL

Lille, France

 

 

 

Soukaina Touil is an ambitious problem solver, freshly graduating from SKEMA Business School of Lille. Today she holds a master’s degree in Program and Project Management & Business Development, and also a master’s in Corporate Finance from IAE of Lyon. Born in Casablanca, Morocco, she moved to France to study for her master’s degree in Lille. Certified in PRINCE2 and AgilePM methodologies and preparing for the CAPM methodology Certification, she has acquired significant professional experience through her internship in Casablanca as a Junior Analyst in the Financial Services within a consultancy firm, then as a Junior Financial Market Analyst through her internship in Capital Markets within a Bank of Investment in Casablanca.  She has also worked for a French consulting firm specialized in Capital Markets as a Junior Business Developer helping them establish a market study and opening their new branch in Casablanca. Passionate about Finance and Project Management, she is today ready to face new challenges on the European market.

Soukaina lives in Lille, France and can be contacted at touil.soukaina@gmail.com

 

[3] CEB, The new IT Operating Model for Digital, 2017, Retrieved from https://www.infoq.com/articles/Digital-Transformation-Guide-1

[4] The Enterprises Project, What is digital transformation? Retrieved from https://enterprisersproject.com/what-is-digital-transformation

[5] Oracle Financial Services, A Strategic Approach To Cost Efficiency in Banking Industry, September 2017. Retrieved from http://www.oracle.com/us/industries/financial-services/strategic-approach-efficiency-wp-3886143.pdf

[6] Deloitte Center For Financial Services, Fintech by the numbers, 2017. Retrieved from https://www2.deloitte.com/content/dam/Deloitte/us/Documents/financial-services/us-dcfs-fintech-by-the-numbers-web.pdf

[7] Bruce Rogers & Michael Gale Interview, Forbes, why 84% Of Companies Fail at Digital Transformation. January 2016. Retrieved from https://www.forbes.com/sites/brucerogers/2016/01/07/why-84-of-companies-fail-at-digital-transformation/#58bd3665397b

[8] Rolin Zumeran, A Look Back at Digital Transformation in Financial Services (and Digital Transformation in General) in 2017, January 2018. Retrieved from https://www.openlegacy.com/blog/a-look-back-at-digital-transformation-in-financial-services-and-digital-transformation-in-general-in-2017

[9] Martin Gill, Why Do Digital Business Transformations Fail? April 2015. Retrieved from https://go.forrester.com/blogs/15-04-01-why_do_digital_business_transformations_fail/  

[10] Mark Lamoureux, How Budgeting Impacts Digital Transformation, April 2018. Retrieved from https://www.veriday.com/blog/budgeting-impacts-digital-transformation/

[11] Andy Makar, Top-Down vs. Bottom-Up Project Management Strategies, August 2018. Retrieved from https://www.liquidplanner.com/blog/how-long-is-that-going-to-take-top-down-vs-bottom-up-strategies/

Understand and find solutions to the main cause of disputes in construction

Project manager’s failures to understand or comply with their contractual obligations

 

STUDENT PAPER

By Pauline Vanneste

SKEMA Business School

Lille, France

 


 

ABSTRACT

Contracting imposed on the project manager and the contractor to agree and linked them to one another. However, the project manager doesn’t always succeed to understand or comply with its contractual obligations and that is the major disputes cause. To help to solve or at least reduce the problem, we must understand how it happens, the reasons why project managers fail to understand or comply with their contractual obligations and then find a solution to each reason. After findings several solutions, we will define attributes to measure and evaluate the solutions and finally resume our findings. We will see that the failures from the project manager result from him or her directly. But that we can put solutions in contracts to incent the project manager to comply with its contractual obligations.

Key words:      Disputes, Contractual obligation, Clauses enforcement, Risk management, Technical skills

INTRODUCTION

“Contract is important during every step of the project” according to Jean-Charles SAVORNIN[1]. “The contract contains the term of a mutually binding agreement”[2]. But sometimes after the mutual agreement, it doesn’t go as it should be and disputes appear. “Disputes are disagreements not settled by mutual consent which could be decided by litigation or arbitration”[3] .

According to ARCADIS, the main disputes clause in the contract is the failure to properly administer the contract in construction area[4]. That comes from the issue that a party fails to understand or comply with its contractual obligations. The disputes value and duration will have a bad impact for both parties with more or less on each one or both. Try to avoid or reduce the disputes that can arise is part of risk management, a major concern of the project manager. “Risk management is an organized assessment and mitigation of project risks as well as pursuit of consequential opportunities”[5]. And managing those risks could be done through the contract. Here our interest will be focused on project manager’s misunderstandings and failures to comply with their contractual obligations in the construction area.

“Disputes could be as complex as contracts and the reasons why disputes arise are many”[6]. That’s why as future managers, contractors or even investors, understand the disputes in the project linked to the contract can allow us to avoid delays, involving our responsibilities with bad actions or decisions, avoid failures… Simpler, it could help to improve project contracting in general. Giving a review of the reasons why, even possible solutions and consequences of project managers failures to understand or comply with their contractual obligations, will allow us to find solutions to put in place in the contract. In the first time, focusing on the construction area that we are studying here would give more specific and accurate results. Thanks to those results the application of those results on other fields and areas could be studied and a solution might be found to solve the first disputes clause in the contract. Moreover, the number of construction project is increasing over the years[7] and so it would be a good and large based to study the causes of disputes.

As we know, “the costs of construction disputes are huge especially in the Middle East, $82m”[8] and so deleting the disputes or at least find some ways to reduce them and their impact could save a lot of time and money. “The misunderstandings and failures to comply with contractual obligations of project managers are the first cause of disputes”[9] so find solutions to the first cause of disputes could importantly reduce a lot of disputes themselves. It is logical. Contracting would be easier and safer for both parties reducing that much risks. In studying this subject, we will also find the problems coming from the project manager part but it doesn’t mean that he or she is entirely and only responsible for it. For example, project manager over-optimism of the project manager lead to a quick review of the risks or the requirements and a thought that “everything would be ok no matter how but over-optimism often lead to delays”[10]. The schedule is part of the contract and so delays represent a failure to comply with a contractual obligation. The study will reveal if the project manager is responsible most of the time, the contractors, both parties or just the contract itself. Because the issue could come from the contract and not the parties. “Develop the contracting policies and processes”[11] to avoid disputes causes and so disputes themselves is our main point here.

In the construction area and especially in the construction project, project management, program management, portfolio management, and asset management are involved. As the table below (figure 1) prove it because the assess define if a project can continue or not. Managing the risks and so the disputes causes are essential to improve the analysis of dispute causes and also prevent risks and avoid disputes that would create a time and money waste.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director paul.gardiner@skema.edu.

How to cite this paper: Vanneste, P. (2019). Understand and find solutions to the main cause of disputes in construction: Project manager’s failures to understand or comply with their contractual obligations, PM World Journal, Vol. VIII, Issue VIII, September.  Available online at https://pmworldlibrary.net/wp-content/uploads/2019/09/pmwj85-Sep2019-Vanneste-main-cause-of-disputes-in-construction.pdf

 


 

About the Author


Pauline VANNESTE

Lille, France

 

 

 

Pauline Vanneste is a young business student in Project Management with just a few years of experience, certified with Prince 2 and AgilePM. Born in the north of France, she spends two years in a preparatory class to the best business schools in France and succeeds to enter SKEMA. She lived 6 months in Sweden and 6 months in Brazil during her master’s degree. After two years studying management, finance, marketing and business she decided to specialize in Project Management by doing an MSc Project Management and Business Development during she studied International contracts. Studying the contracts and especially the causes of disputes in international contracting, she focused on the construction area. The main topic of her study was to understand the main cause of disputes in the contract: the project manager failures to understand or comply with its contractual obligations, propose solutions and evaluate them in order to have a review of the reasons why it happens and solutions for each reason.

She just completed his last assignment in December of 2018 under the tutorage of Dr. Paul D. Giammalvo, CDT, CCE, MScPM, MRICS, GPM-m Senior Technical Advisor, PT Mitrata Citra Graha, to attain Guild of Project Controls certification.

Pauline Vanneste lives in Lille, France and can be contacted at Pauline.vannest@skema.edu

 

[1] SAVORNIN, J.C. (2016) Contract Management Outils et Méthodes, Pratiques d’entreprises. Retrieved from http://www.scholarvox.com/catalog/book/docid/88833617?searchterm=contract

[2] R. Max Wideman. (2017). Wideman Comparative Glossary of Project Management Terms v5.5. (n.d.). Retrieved from http://www.maxwideman.com/pmglossary/

[3] R. Max Wideman. (2017). Wideman Comparative Glossary of Project Management Terms v5.5. (n.d.). Retrieved from http://www.maxwideman.com/pmglossary/

[4] Global construction disputes report 2017. (2017). ARCADIS. Contract Solutions.

[5] R. Max Wideman. (2017). Wideman Comparative Glossary of Project Management Terms v5.5. (n.d.). Retrieved from http://www.maxwideman.com/pmglossary/

[6] HAMON, K. (2003, October). Resolution of Construction Disputes: a review of current methodologies. Leadership and Management in Engineering. Retrieved from https://ascelibrary.org/doi/pdf/10.1061/%28ASCE%291532-6748%282003%293%3A4%28187%29

[7] US DEPARTMENT OF TRANSPORTATION. (December 2011). Work Zone Road Users Costs. Concepts and applications. Retrieved from https://ops.fhwa.dot.gov/wz/resources/publications/fhwahop12005/fhwahop12005.pdf

[8] LOFTHOUSE, S. (2016, August 31). The cost of disputes in the middle east. MeConstruction News. Retrieved from https://meconstructionnews.com/16782/the-cost-of-construction-disputes-in-the-middle-east

[9] Global construction disputes report 2017. (2017). ARCADIS. Contract Solutions.

[10] PRATER, J. KIRYTOPOULOS, K. MA, T. (2016). Optimism bias within the project management context: a systematic quantitative literature review. International journal of managing project in Business. Retrieved from https://www.researchgate.net/publication/315933641_Optimism_bias_within_the_project_management_context_A_systematic_quantitative_literature_review

[11] Guild of Project Controls Compendium and Reference | Project Controls – planning, scheduling, cost management and forensic analysis (Planning Planet). (n.d.). Retrieved from http://www.planningplanet.com/guild/GPCCAR-modules

 

 

The contractual strategy of performance managers

to avoid losses of a cancelled concert and perpetrate the event

 

STUDENT PAPER

By Tom Perrigaud

SKEMA Business School

Lille, France

 


 

ABSTRACT

This paper was written as part of The International Project contract class conducted by Dr Paul Giammalvo within the Msc Project and Program management and business development in SKEMA Business school.

This paper will enable performance managers to manage successfully a project and more precisely a concert. Since the sequence and multitude of international concerts called “Tour”, these are sources of income but can also cause huge losses in the event of cancellation by an artist for various reasons.

Therefore, this paper will highlight the feasible alternatives that can be used to enable performance managers to avoid cancellation and manage it properly.

Thanks to a deep study using non-compensatory and multi-attribute decision-making models and the additive weighting technique we will be able to choose the best option to avoid cost and time-consuming losses. Among those feasible alternatives, we have: Setting a plan B (keeping initial artist or replacing it), Insurance bond (postponing cost or cancelling compensation), total compensation clause and artist specific contract.

This paper recommends the performance managers to use total compensation clause because it discourages artists ‘wrongdoings and prevent from any losses. If possible this article advises performance managers to complete the contract with a plan B clause and an artist-specific contract.

Keywords:  concert artist contract; legislation and regulation of the performing arts; concert cancellation; postponed concert; claim for compensation

INTRODUCTION

To participate in a concert, “you must pay in average 84,63 Us dollars to hear an artist”[1]. But sometimes, the artist does not show up, which causes irritation and frustration from the public.  Overall, “concert organization is a big commitment in time and resources”[2]. Indeed, making live artistic performance contracts is complicated; to draw up and negotiate requires a lot of time and tremendous costs for the concert manager.

More…

To read entire paper, click here

 

Editor’s note: Student papers are authored by graduate or undergraduate students based on coursework at accredited universities or training programs.  This paper was prepared as a deliverable for the course “International Contract Management” facilitated by Dr Paul D. Giammalvo of PT Mitratata Citragraha, Jakarta, Indonesia as an Adjunct Professor under contract to SKEMA Business School for the program Master of Science in Project and Programme Management and Business Development.  http://www.skema.edu/programmes/masters-of-science. For more information on this global program (Lille and Paris in France; Belo Horizonte in Brazil), contact Dr Paul Gardiner, Global Programme Director paul.gardiner@skema.edu.

How to cite this paper: Perrigaud, T. (2019). The contractual strategy of performance managers to avoid losses of a cancelled concert and perpetrate the event, PM World Journal, Vol. VIII, Issue VII, August. Available online at https://pmworldlibrary.net/wp-content/uploads/2019/08/pmwj84-Aug2019-Perrgaud-contractual-strategy-to-avoid-losses-of-cancelled-concert.pdf

 


 

About the Author


Tom Perrigaud

Lille, France

                            

 

 

Tom Perrigaud is a PGE master 2 student in skema Business school currently in Msc Project and Program Management and Business Development in Lille France. Born in France, he has a strong international background spending the rest of his high school education in Germany where his parents live and made his preparatory class during 2 years in Vienna in Austria where he developed a real taste for languages and international cultures.

In 2016 he entered in Skema Business school where he did a License in Management. He spent his master 1 in United States where he developed his skills in negotiation, strategy and innovation. He will be starting an internship in January 2019 in AFD TECH as a business developer. He has experienced in event planning and business development while he was president and vice-president of two cultural and musicals associations during in Skema Business School. He is certified Prince2 and AgilePM recently.

Tom lives in Lille, France and can be contacted at tom.perrigaud@skema.edu or tom.perrigaud@hotmail.fr

You can also send him a message via his linkedIn www.linkedin.com/in/tom-perrigaud

 

[1] Global average music tour ticket price 2017 | Statistic. (n.d.). Retrieved from https://www.statista.com/statistics/380106/global-average-music-tour-ticket-price/

[2] The Purdue University, The Purdue concert guide (23,july,2015 )- https://www.purdue.edu/sao/documents/purdue-concert-guide.pdf

 

 

%d bloggers like this: