The Role of Bargaining Initiative Under no Commitment to Audit

This paper addresses the issue of the optimal contract design under costly state verification and no commitment to auditing when the contract offer comes from the uninformed party. Contrary to similar frameworks and to cases where the informed party retains the bargaining power, we find that the optimal contract is characterised neither by truth telling nor by mixed strategy equilibria. Depending on endogenous revenues and observation cost, a pooling equilibrium with either deterministic or random auditing occurs.     

Evidentiary Arbitrage: The Fabrication of Evidence and the Verifiability of Contract Performance

The design of legal obligations, whether by a public body suchas a legislature or by private contract, should anticipate theenforcement process that induces compliance. Judicial enforcementis costly and imperfect, largely because of limits on the court'sability to detect facts accurately. In adversarial litigation,courts are often fooled by fabricated, suppressed, or otherwisemanipulated evidence. Given that fabricated evidence is bothmore costly and less valuable than truthful evidence, one wouldthink that contracting parties should design their agreementso as to deter future evidence fabrication. To the contrary,this article suggests that evidence fabrication may be harnessedby contracting parties to improve the (evidentiary) cost-efficiencyof performance incentives in their relationship. This paperthereby addresses the concept of verifiability in contract theory,the puzzling tolerance of the adjudicatory system for fabrication,and the incentives to fabricate created by thresholds in burdensof proof.     

The Law and Economics of Costly Contracting

In most of the contract theory literature, contracting costsare assumed either to be high enough to preclude certain formsof contracting or low enough to permit any contract to be written.Similarly researchers usually treat renegotiation as eithercostless or prohibitively costly. This article addresses themiddle ground between these extremes, in which the costs ofcontracting and renegotiation can take intermediate values andthe contracting parties can themselves influence these costs.The context for our analysis is the canonical problem of inducingefficient relation-specific investment and efficient ex posttrade. Among our principle results are: (i) The efficiency andcomplexity of the initial contract are decreasing in the costto create a contract. Hence the best mechanism design contractscan be too costly to write. (ii) When parties use the simplercontract forms, they require renegotiation to capture ex postsurplus and to create efficient investment incentives. In somecases, parties want low renegotiation costs. More interestingis that, in other cases, parties have a strict preference formoderate renegotiation costs. (iii) The effect of contract lawon contract form is significant but has been overlooked. Inparticular, the law's interpretive rules raise the cost of enforcingcomplex contracts, and thus induce parties to use simple contracts.Worse, the law also lowers renegotiation costs, which furtherundermines complex contracts and is also inappropriate for someof the simpler contracts.     

Dynamic risk-sharing with two-sided moral hazard

A group of risk-averse agents repeatedly produce a perishable consumption good; individual outputs are observable but efforts are not. The contracting problem admits a recursive formulation, and the optimal value function is the fixed point of a contraction mapping. When the agents can be punished to the full extent in a single period, every continuation contract of an optimal contract is itself optimal; the marginal utility ratio between one agent and another is a submartingale. The results imply that it is in general important to restrict an agent whose moral hazard constraint is binding from saving through another agent within the risk-sharing group. Limited commitment and long-run implications of optimal contracting are also examined.     

Complexity and Renegotiation: A Foundation for Incomplete Contracts

The paper considers a hold-up model where only one of n future trading opportunities will prove to be efficient, and where ex post renegotiation of the ex ante contract cannot be prevented. As the environment becomes more complex ( n →∞), the outcome under any message-contingent long-term contract converges to that of the "incomplete contracting" model where trade is contractible ex post , but not ex ante . When trades are costly to describe, both ex ante and ex post , the incomplete contracting result is extended to a broader class of environments.     

Governance Structures, Insider Status, and Boundary Maintenance

If legal enforcement of contracts were omnipresent, omniscient, and costless, the identity and history of one's partners would be irrelevant, since any problems caused by unreliable partners could be remedied effectively. However, when legal enforcement is localized, imperfect, and costly, different governance structures for contracts carry implications for the sets of acceptable contracting partners. When legal enforcement for contracts is based on national law, whose reach is coterminous with a state's territory, acceptable partners tend to be defined territorially. When state enforcement of contract law is weak or nonexistent or when a contract is so vulnerable to nonperformance that it requires auxiliary support, actors must devise an alternative or supplement to state enforcement. The most relevant contracting boundaries then will be ones defining groups that can efficaciously create and maintain intertemporal, inter-issue, and inter-actor linkages. We examine just three of many possibilities: family-based, function-based, and ethnicity- or religion-based groups. These different systems of governance affect which entities are recognized as members in the club of actors, as well as how actors define their contracting boundaries and distinguish between those with whom they contract relatively freely and those with whom their contracting is more circumscribed.     

Monetary Integration and Economic Reform

Recent research in contract theory views ownership as a substitute for complete contracts. Here, this approach is applied to monetary integration. Countries face a coordination problem conducting monetary policy. Negative spillovers ensure uncoordinated policy generates too high inflation. Ex ante , policy makers can undertake politically costly economic reform. This has a positive spillover because it improves the outcome of the monetary policy game. Ex-post contracting over policy may be possible, but it supposed that ex-ante contracting over reform and monetary policy is not. This paper analyses when monetary union is a good substitute for this inability to commit.     

Optimal environmental regulation based on more than just emissions

I develop a principal-agent model of environmental regulation in which the regulator can acquire two costly signals of the firm’s abatement effort. Acquisition of the second signal is conditioned on the observed value of the first, emissions signal. The optimal contract takes the form of an emissions standard when only the emissions signal is acquired, and a set of contingent emissions standards when both signals are acquired; the standards are coupled with uniform, maximal penalties for noncompliance. Acquisition of the second signal may be optimal when intermediate values of the first signal are observed but not when extreme values are observed.      

Non-commitment in performance evaluation and the problem of information distortions

Auditing is modeled in a sequential game without commitment. The manager must decide whether and where to audit a worker's output, taking into account all interim information he has obtained. The worker will work just hard enough (and show it) to divert the manager from making an audit or cover up, withholding information about his work to make an audit more difficult. This usually raises the costs of setting work incentives, so incentives are softened, sometimes drastically. Moreover, when a worker's on-the-job information is valuable for entrepreneurial decisions, work incentives must be softened to improve the internal flow of information.     

Exit options in incomplete contracts with asymmetric information

This paper analyzes bilateral contracting in an environment with contractual incompleteness and asymmetric information. One party (the seller) makes an unverifiable quality choice and the other party (the buyer) has private information about its valuation. A simple deterministic exit option contract, which allows the buyer to refuse trade, achieves the first-best in the benchmark cases where either quality is verifiable or the buyer?s valuation is public information. But, when unverifiable and asymmetric information are combined, deterministic contracts are necessarily inefficient. The first-best can be achieved, however, through simple message games with stochastic terms of trade as off-equilibrium outcomes.     

Optimal multilateral contracts

Summary The purpose of this paper is to derive the structure of optimal multilateral contracts in a costly state verification model with multiple agents who may be risk averse and need not be identical. We consider two different verification technology specifications. When the verification technology is deterministic, we show that the optimal contract is a multilateral debt contract in the sense that the monitoring set is a lower interval. When the verification technology is stochastic, we show that transfers and monitoring probabilities are decreasing functions of wealth. The key economic problem in this environment is that optimal contracts areinterdependent. We are able to resolve this interdependency problem by using abstract measure theoretic tools.We wish to thank Mark Feldman, Wayne Shafer and Nicholas Yannelis for useful comments. We also gratefully acknowledge financial support from the National Science Foundation (SES 89-09242).     

A bank runs model with a continuum of types

We consider a bank runs model à la Diamond and Dybvig (1983) [3] with a continuum of agent types, indexed by the degree of patience. Much of our understanding based on the two-type model must be modified. The endogenous determination of a cutoff type is central to the analysis. In the case where the bank can credibly commit to a contract, the optimal contract results in socially excessive early withdrawals in every equilibrium of the post-deposit subgame. Thus, even at the best equilibrium the socially efficient outcome is not achieved, and agents? behavior exhibits features of a bank run. In the case where commitment is not possible, there are strictly more early withdrawals and strictly lower welfare than the full-commitment equilibrium.     

Promises in contract design

In this paper, we propose a new channel of contract design to boost efficiency. If deviating from one's own words induces a self-imposed moral burden, the optimal contracting procedure with regard to cheap talk shall assign the responsibility for installing the nonbinding promise in the contract to whoever has the residual right to break such promise, in the spirit of Grossman and Hart (1986) and Hart and Moore (1990). To study whether a worker's own promise of effort level governs his real choice of effort in a gift exchange game, we implement four treatments in our experiments by varying two factors: (1) who (the firm or the worker) takes the position of the proposer to propose the contract and (2) whether the proposed contract includes a nonbinding specification of the worker's effort level. Our key finding is that when it is the worker who proposes the contract and the contract includes the worker's promised effort level, both the worker's actual effort choice and the aggregate profits are significantly higher than in each of the other three treatments (and there is little difference in worker effort otherwise).     

公共建设项目中合同策略及其关系行为测量研究

公共建设项目合同策略的制定往往忽视了关系治理对承包人机会主义行为的抑制作用,造成合同策略侧重于单一的控制功能,不利于合同的事后履约。根据项目治理理论,项目缔约全过程中契约治理与关系治理存在交互作用,因而,合同策略必然包含两者间的互动关系。首先通过扎根分析,明确了公共建设项目合同策略是一个组合型构念,包括承包人选择、合同策略重点及防范问题方式3个维度;然后,利用关系行为量表,对合同策略中3个维度对应的关系行为进行测量,明确各参与方在合同缔约各阶段采取的具体关系行为;最后,结合访谈数据对关系行为测量结果进行分析。结果发现：在缔约全过程中,承包人对待关系行为始终处于积极状态,业主方采取关系行为则存在一定的障碍。研究结果为公共建设项目关系治理的使用提供了依据,同时也为各参与方采取合理的关系行为提供指导。     

Dynamic yardstick mechanisms

This paper shows that the inability of principals to commit to long-term contracts is irrelevant when dealing with several agents whose private information is correlated. This sharply contrasts with the dynamics of contracting without such correlation. The paper also explores what limitations on yardstick mechanisms can justify the use of long-term contracts. We found that the inability of a principal to commit not to renegotiate long-term contracts is without consequence even if there is a bound on transfers that an agent can be asked to pay. In contrast, short-term contracting fails to implement the commitment solution with constraints on transfers. Second, absent current yardstick, the possibility of using correlated mechanisms in the future allows the principal to implement the first-best with a renegotiation-proof long-term contract whereas this cannot be achieved with short-term contracting.     

Endogenous Verifiability and Optimality in Agency

This paper investigates the optimal contract design in a principal-agent model where verification of an agent's action is endogenously determined through strategic interactions between contracting parties. We derive a necessary and sufficient condition for the first best outcome to be implemented as an equilibrium. The equilibrium has the following features: (i) The action level that the agent chooses is not verified even if it is possible. (ii) Nevertheless, the first best can be attained by making a contract contingent on the unverified action. Journal of Economic Literature Classification Numbers: D20, K40.     

Time of the essence

In most industries, ranging from information systems development to construction, an overwhelming proportion of projects are delayed beyond estimated completion time. This fact constitutes somewhat of a puzzle for existing theory. The present paper studies project delays and optimal contracts under moral hazard in a setting with time to build. Within this setup, project delays are found to be most likely to happen at early stages of development and intimately connected to the degree of commitment of the procurer and the class of contracts that can be enforced. The first-best, optimal spot contracting and optimal long-term contract scenarios are analyzed, as well as commonly encountered additional constraints on the long-term contract.     

Ex post adaptations and hybrid contracts in software development services

We follow the recent literature on ex post adaptations in procurement and argue that highly volatile specifications result in multiple variations of fixed price (FP) and time and materials (T&M) contracts. Specifically, placing a cap on specification change in FP contracts prevents specification volatility, similar to the way that placing a cap on the price in T&M contracts prevents price escalation. We argue that these hybrid mechanisms are particularly important in software development contracting, a new critical business capability involving frequent and costly ex post adaptations to specification change. The level of completeness in these contractual archetypes is hypothesized to be determined by contracting costs and benefits, where costs are related to project uncertainty and benefits are related to the likelihood of vendor opportunism. We test this hypothesis with a unique data set of 270 software development contracts entered into by a leading international bank. The analysis confirms the existence of multiple hybrid contracts that mitigate both price escalation and specification volatility. It also shows that contracting costs and benefits explain more variance in contract choice when these hybrids are included, uncovering the detailed mechanisms used to curb opportunism when the vendor is less familiar to the client.     

The optimal sequencing of carrots

When aid organizations contract with local agents aid funds have the potential to be diverted to purposes other than the intended project. A multi-stage game is presented where the benefit from the project is cumulative, with the application of funds in each stage increasing both the agent's and the organization's benefit from the project. As the agent's utility of diversion increases, the allocation in each stage decreases and the project takes more stages to complete. When contracting with agents with high utilities of diversion the optimal contract involves bloated projects and a side payment to the agent upon completion. If the organization's commitment to the contract is not credible both the agent's and the organization's benefit is reduced.     

Aggregate fluctuations, financial constraints and risk sharing

Summary. Private information and costly state verification often result in credit rationing in models with smooth investment, affecting both loan size and total investment. The optimal contract is derived in a dynamic stochastic growth model with capital for two types of models: one with symmetric information and the other with asymmetric information and costly state verification. When all information is observed costlessly, the equilibrium optimal contract provides complete insurance to risk-averse savers against aggregate fluctuations. When information is asymmetric and there is costly state verification, the equilibrium optimal contract provides only partial insurance against aggregate shocks. The extent of insurance is measured by the marginal rate of transformation of consumption between borrowers and lenders which is closely linked to the user cost of capital. The deadweight monitoring costs create a wedge between a borrower's cost of capital and a lender's stochastic discount factor, with two results: (i) fluctuations in the user cost of capital provides a mechanism by which aggregate shocks can be␣propagated; (ii) the distribution of capital's share of output among borrowers, lenders, and monitoring costs varies even if capital's share is constant. Capital market frictions not only amplify aggregate fluctuations but also generate cross-sectional fluctuations that may not be observable in aggregate data. Received: November 17, 1997; revised version: April 20, 1998