Proactive contracting is a practice-oriented research stream, and scholars focused on proactive
contracting have suggested fundamental changes for corporate contracting. Researchers have
proposed that companies should improve their contracting capabilities and corporate lawyers
should serve business objectives instead of preparing for possible litigation. The research reported
in this paper focuses on two key areas of proactive contracting: the purpose of the project contracts;
and the role of lawyers contributing to project contracts. The research goal was to find out
whether business managers and corporate lawyers recognize a need for evolution in project
contracting as suggested by the proactive contracting literature. The research data were collected
using a survey of commercial contracting professionals, and the research results indicate that
managers and lawyers share the same view – that contracts are made for business objectives and
benefits. However, it was found that the perspectives of managers and lawyers differ with regard to
the role of lawyers in preventing and resolving disputes.
United Kingdom: Sage Publications, 2016. 1-16 p.
contract management, contracting capabilities, contracts, proactive contracting, project contracting