Incomplete contract in private finance initiative(PFI): a modified Delphi study

Incomplete contract (IC) is a contract that fails to state all the parties’ rights and obligations, has gaps and ambiguities in its terms and conditions. Literature had discussed the reasons of IC are due to long duration of the contract, high risk and uncertainty, high transaction cost, bounded rat...

Full description

Saved in:
Bibliographic Details
Main Authors: Mansor, Nur Syaimasyaza, Ayob, Mohd Fairullazi, Abdul Rashid, Khairuddin
Format: Article
Language:English
English
Published: American Scientific Publishers 2017
Subjects:
Online Access:http://irep.iium.edu.my/45973/8/45973_Incomplete%20contract%20in%20private.pdf
http://irep.iium.edu.my/45973/9/45973_Incomplete%20contract%20in%20private_SCOPUS.pdf
http://irep.iium.edu.my/45973/
http://www.ingentaconnect.com/content/asp/asl/2017/00000023/00000001/art00055
Tags: Add Tag
No Tags, Be the first to tag this record!
id my.iium.irep.45973
record_format dspace
spelling my.iium.irep.459732018-03-21T04:29:10Z http://irep.iium.edu.my/45973/ Incomplete contract in private finance initiative(PFI): a modified Delphi study Mansor, Nur Syaimasyaza Ayob, Mohd Fairullazi Abdul Rashid, Khairuddin K Law (General) TH1000 Systems of building construction TH4021 Buildings. Construction with reference to use. TX955 Building operation and maintenance Incomplete contract (IC) is a contract that fails to state all the parties’ rights and obligations, has gaps and ambiguities in its terms and conditions. Literature had discussed the reasons of IC are due to long duration of the contract, high risk and uncertainty, high transaction cost, bounded rationality, and others. Private Finance Initiative (PFI) contracts are also inevitably incomplete. PFI involves the private sector to finance, design, construct, operate and maintain the asset through 20-30 years concession period. It is almost impossible for the parties to specify all potential contingencies that might occur throughout the contract period. IC could provide the necessary flexibility in the contract to deal with uncertainty. Nonetheless, it can cause inefficiencies and costs, hold-up problem, and others. This paper aims to investigate the presence of IC in PFI contract in Malaysia through a two-round modified Delphi method. 12 clauses are identified incomplete through literature review and content analysis, and it became the basis of the semi-structured questionnaire for the modified Delphi approach. The statistical descriptive analysis was used to analyze the data and the results found that out of 12 clauses, only 10 clauses were considered incomplete. American Scientific Publishers 2017-01 Article REM application/pdf en http://irep.iium.edu.my/45973/8/45973_Incomplete%20contract%20in%20private.pdf application/pdf en http://irep.iium.edu.my/45973/9/45973_Incomplete%20contract%20in%20private_SCOPUS.pdf Mansor, Nur Syaimasyaza and Ayob, Mohd Fairullazi and Abdul Rashid, Khairuddin (2017) Incomplete contract in private finance initiative(PFI): a modified Delphi study. Advanced Science Letters, 23 (1). pp. 227-231. ISSN 1936-6612 http://www.ingentaconnect.com/content/asp/asl/2017/00000023/00000001/art00055 10.1166/asl.2017.7141
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
English
topic K Law (General)
TH1000 Systems of building construction
TH4021 Buildings. Construction with reference to use.
TX955 Building operation and maintenance
spellingShingle K Law (General)
TH1000 Systems of building construction
TH4021 Buildings. Construction with reference to use.
TX955 Building operation and maintenance
Mansor, Nur Syaimasyaza
Ayob, Mohd Fairullazi
Abdul Rashid, Khairuddin
Incomplete contract in private finance initiative(PFI): a modified Delphi study
description Incomplete contract (IC) is a contract that fails to state all the parties’ rights and obligations, has gaps and ambiguities in its terms and conditions. Literature had discussed the reasons of IC are due to long duration of the contract, high risk and uncertainty, high transaction cost, bounded rationality, and others. Private Finance Initiative (PFI) contracts are also inevitably incomplete. PFI involves the private sector to finance, design, construct, operate and maintain the asset through 20-30 years concession period. It is almost impossible for the parties to specify all potential contingencies that might occur throughout the contract period. IC could provide the necessary flexibility in the contract to deal with uncertainty. Nonetheless, it can cause inefficiencies and costs, hold-up problem, and others. This paper aims to investigate the presence of IC in PFI contract in Malaysia through a two-round modified Delphi method. 12 clauses are identified incomplete through literature review and content analysis, and it became the basis of the semi-structured questionnaire for the modified Delphi approach. The statistical descriptive analysis was used to analyze the data and the results found that out of 12 clauses, only 10 clauses were considered incomplete.
format Article
author Mansor, Nur Syaimasyaza
Ayob, Mohd Fairullazi
Abdul Rashid, Khairuddin
author_facet Mansor, Nur Syaimasyaza
Ayob, Mohd Fairullazi
Abdul Rashid, Khairuddin
author_sort Mansor, Nur Syaimasyaza
title Incomplete contract in private finance initiative(PFI): a modified Delphi study
title_short Incomplete contract in private finance initiative(PFI): a modified Delphi study
title_full Incomplete contract in private finance initiative(PFI): a modified Delphi study
title_fullStr Incomplete contract in private finance initiative(PFI): a modified Delphi study
title_full_unstemmed Incomplete contract in private finance initiative(PFI): a modified Delphi study
title_sort incomplete contract in private finance initiative(pfi): a modified delphi study
publisher American Scientific Publishers
publishDate 2017
url http://irep.iium.edu.my/45973/8/45973_Incomplete%20contract%20in%20private.pdf
http://irep.iium.edu.my/45973/9/45973_Incomplete%20contract%20in%20private_SCOPUS.pdf
http://irep.iium.edu.my/45973/
http://www.ingentaconnect.com/content/asp/asl/2017/00000023/00000001/art00055
_version_ 1643612895067504640
score 13.211869