Procurement with Unenforceable Contract Time and the Law of Liquidated Damages
AbstractTime overruns are common in public works and are not confined to inherently complex tasks. One explanation advanced in this paper is that bidders can undergo unpredictable changes in production costs which generate an option value of waiting. By exploiting the real-option approach, we examine how the inability to force sellers to meet the contract time influences their bidding behaviour, and how this can ultimately affect the parties’ expected payoffs. Further, we examine the outcome of the bidding process when legal rules prevent the promisee from contracting for damage measures which would grant more than her lost expectation. We show that when the pre-agreed compensatory payments prove insufficient to discourage delayed orders, setting a liquidated damages clause would not lead to a Pareto superior outcome with respect to the no-damage-for delay condition. While such a clause would increase the seller’s expected payoff, the buyer’s expected payoff is lower than when the contract does not provide for any compensation for late-delivery.
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Bibliographic InfoPaper provided by Fondazione Eni Enrico Mattei in its series Working Papers with number 2012.45.
Date of creation: Jun 2012
Date of revision:
Public Procurement; Fixed-Price Contracts; Cost Uncertainty; Time Overruns; Liquidated Damages; Real Options;
Find related papers by JEL classification:
- C61 - Mathematical and Quantitative Methods - - Mathematical Methods; Programming Models; Mathematical and Simulation Modeling - - - Optimization Techniques; Programming Models; Dynamic Analysis
- D44 - Microeconomics - - Market Structure and Pricing - - - Auctions
- D86 - Microeconomics - - Information, Knowledge, and Uncertainty - - - Economics of Contract Law
- K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
This paper has been announced in the following NEP Reports:
- NEP-ALL-2012-07-14 (All new papers)
- NEP-CTA-2012-07-14 (Contract Theory & Applications)
- NEP-MIC-2012-07-14 (Microeconomics)
- NEP-PPM-2012-07-14 (Project, Program & Portfolio Management)
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- Ram Singh, 2009. "Delays and Cost Overruns in Infrastructure Projects -- An Enquiry into Extents, Causes and Remedies," Working papers 181, Centre for Development Economics, Delhi School of Economics.
- McAfee, R Preston & McMillan, John, 1987. "Auctions and Bidding," Journal of Economic Literature, American Economic Association, vol. 25(2), pages 699-738, June.
- Juan José Ganuza, 2003. "Competition and cost overruns in procurement," Economics Working Papers 772, Department of Economics and Business, Universitat Pompeu Fabra.
- Al-Najjar, Nabil I. & Anderlini, Luca & Felli, Leonardo, 2002.
CEPR Discussion Papers
3271, C.E.P.R. Discussion Papers.
- Chiara D'Alpaos & Michele Moretto & Paola Valbonesi & Sergio Vergalli, 2009.
"It is never too late: Optimal penalty for investment delay in public procurement contracts,"
0907, University of Brescia, Department of Economics.
- Sergio Vergalli & Chiara D’Alpaos & Michele Moretto & Paola Valbonesi, 2009. ""It Is Never too late": Optimal Penalty for Investment Delay in Public Procurement Contracts," Working Papers 2009.78, Fondazione Eni Enrico Mattei.
- Peter M. DeMarzo & Ilan Kremer & Andrzej Skrzypacz, 2004.
"Bidding With Securities: Auctions and Security Design,"
NBER Working Papers
10891, National Bureau of Economic Research, Inc.
- Peter M. DeMarzo & Ilan Kremer & Andrzej Skrzypacz, 2005. "Bidding with Securities: Auctions and Security Design," American Economic Review, American Economic Association, vol. 95(4), pages 936-959, September.
- Andrzej Skrzypacz & Peter M. DeMarzo & Ilan Kremer, 2004. "Bidding with Securities: Auctions and Security Design," Econometric Society 2004 North American Winter Meetings 637, Econometric Society.
- Andrzej Skrzypacz & Peter M. DeMarzo & Ilan Kremer, 2004. "Bidding with Securities: Auctions and Security Design," Econometric Society 2004 North American Winter Meetings 641, Econometric Society.
- Alejandro M. Manelli & Daniel R. Vincent, 1992.
"Optimal Procurement Mechanisms,"
999, Northwestern University, Center for Mathematical Studies in Economics and Management Science.
- Cesare Dosi & Michele Moretto, 2013. "Auctioning Monopoly Franchises: Award Criteria and Rollout Obligations," Journal of Public Economic Theory, Association for Public Economic Theory, vol. 15(1), pages 53-75, 02.
- Michael Garvin & Charles Cheah, 2004. "Valuation techniques for infrastructure investment decisions," Construction Management & Economics, Taylor and Francis Journals, vol. 22(4), pages 373-383.
- Calzolari, Giacomo & Spagnolo, Giancarlo, 2009. "Relational Contracts and Competitive Screening," CEPR Discussion Papers 7434, C.E.P.R. Discussion Papers.
- Samuel A. Rea, Jr., 1984. "Efficiency Implications of Penalties and Liquidated Damages," The Journal of Legal Studies, University of Chicago Press, vol. 13(1), pages 147-168, January.
- Chiara D’Alpaos & Michele Moretto & Paola Valbonesi & Sergio Vergalli, 2013.
"Time overruns as opportunistic behavior in public procurement,"
Journal of Economics,
Springer, vol. 110(1), pages 25-43, September.
- Chiara D’Alpaos & Michele Moretto & Paola Valbonesi & Sergio Vergalli, 2012. "Time Overruns as Opportunistic Behavior in Public Procurement," Working Papers 2012.78, Fondazione Eni Enrico Mattei.
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