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  • 1.
    Nuottila, Jouko
    et al.
    University of Oulu, Oulu, Finland.
    Kauppila, Osmo
    University of Oulu, Oulu, Finland.
    Nysten-Haarala, Soili
    Luleå University of Technology, Department of Business Administration, Technology and Social Sciences, Social Sciences. University of Lapland, Rovaniemi, Finland.
    Proactive contracting: Emerging changes in attitudes toward project contracts and lawyers’ contribution2016In: Journal of Strategic Contracting and Negotiation, ISSN 2055-5636, E-ISSN 2055-5644, Vol. 2, no 1-2, p. 150-165Article in journal (Refereed)
    Abstract [en]

    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.

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