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Avila, J, Rapp, R, Dunbar, S and Jackson, A T (2021) Burnout and Worklife in Disaster Restoration: Maslach Burnout Inventory and Areas of Worklife Survey. Journal of Construction Engineering and Management, 147(02).
Chen, S, Tian, Y, Jin, L and Xiang, L (2021) Estimating the Frequency of Exposure to Uncertain Hazards: Impact of Wind Conditions on Concrete Dam Construction. Journal of Construction Engineering and Management, 147(02).
Choi, C, Ryu, K R and Shahandashti, M (2021) Predicting City-Level Construction Cost Index Using Linear Forecasting Models. Journal of Construction Engineering and Management, 147(02).
Correia, J M F, de Oliveira Neto, G C, Leite, R R and da Silva, D (2021) Plan to Overcome Barriers to Reverse Logistics in Construction and Demolition Waste: Survey of the Construction Industry. Journal of Construction Engineering and Management, 147(02).
Gao, X, Pishdad-Bozorgi, P, Shelden, D R and Tang, S (2021) Internet of Things Enabled Data Acquisition Framework for Smart Building Applications. Journal of Construction Engineering and Management, 147(02).
Gunduz, M and Elsherbeny, H A (2021) Critical Assessment of Contract Administration Using Multidimensional Fuzzy Logic Approach. Journal of Construction Engineering and Management, 147(02).
He, Q, Wang, T, Chan, A P C and Xu, J (2021) Developing a List of Key Performance Indictors for Benchmarking the Success of Construction Megaprojects. Journal of Construction Engineering and Management, 147(02).
He, X, Liu, R and Anumba, C J (2021) Data-Driven Insights on the Knowledge Gaps of Conceptual Cost Estimation Modeling. Journal of Construction Engineering and Management, 147(02).
Kaminsky, J (2021) Who Are We Talking To? Situating Construction Engineering and Management Knowledge. Journal of Construction Engineering and Management, 147(02).
Kong, F and Dou, D (2021) Resource-Constrained Project Scheduling Problem under Multiple Time Constraints. Journal of Construction Engineering and Management, 147(02).
Labib, Y N, Lotfallah, W B, Hanna, A S and Boulos, N W (2021) Development and Application of Performance Index for Comparative Assessment of Public Capital Projects. Journal of Construction Engineering and Management, 147(02).
Li, G, Chen, C, Martek, I, Ao, Y and Dai, J (2021) Bid or No-Bid Decision Model for International Construction Projects: Evidential Reasoning Approach. Journal of Construction Engineering and Management, 147(02).
O’Connor, J T and Koo, H J (2021) Proactive Design Quality Assessment Tool for Building Projects. Journal of Construction Engineering and Management, 147(02).
Panwar, A and Jha, K N (2021) Integrating Quality and Safety in Construction Scheduling Time-Cost Trade-Off Model. Journal of Construction Engineering and Management, 147(02).
Ryu, J, Diraneyya, M M, Haas, C T and Abdel-Rahman, E (2021) Analysis of the Limits of Automated Rule-Based Ergonomic Assessment in Bricklaying. Journal of Construction Engineering and Management, 147(02).
Srijaroen, C, Hoy, M, Horpibulsuk, S, Rachan, R and Arulrajah, A (2021) Soil–Cement Screw Pile: Alternative Pile for Low- and Medium-Rise Buildings in Soft Bangkok Clay. Journal of Construction Engineering and Management, 147(02).
Wang, B, Cui, Q and Zhang, S (2021) Noncompete Provision Design for Transportation PPP Projects. Journal of Construction Engineering and Management, 147(02).
- Type: Journal Article
- Keywords: Contract design; Noncompete provision; Public-private partnership (PPP); Social benefits;
- ISBN/ISSN: 0733-9364
- URL: https://doi.org/10.1061/(ASCE)CO.1943-7862.0001982
- Abstract:
Projects with poor noncompete provision design have caused heavy costs for both public and private organizations, primarily due to the embedded monopoly right of the private sector to collect toll revenue. Prior studies have investigated the financial impact of including noncompete provisions in public-private partnership (PPP) contracts to ensure project attractiveness to private entities, although the potential impact of such provisions on the public interest has not been well documented. This study contributes to the literature by incorporating social benefits into an evaluation model to balance the protection of public and private interests. Three contract design alternatives—strict noncompete, compensation for competing facilities, and compete without compensation—are evaluated and compared. This study demonstrates these alternatives with the I-77 Express Lane project in North Carolina and provides several insightful results. First, a strict noncompete provision often worsens congestion, negatively affecting the public interest, and should be avoided. Second, both public and private organizations may benefit from inclusion of a compensation provision that eliminates a prospective monopoly while offering compensation for competing facilities. Third, public benefits from competing facilities present a convex curve over time, suggesting optimal timing for the government to build the competing facility. The results illustrate the significant effect of the noncompete provision on the public interest, and provide governments with a reference to balance protection of the public interest and attractiveness to private investors when designing the noncompete provision.
Zhang, L, Fu, Y and Lu, W (2021) Contract Enforcement for Claimants’ Satisfaction with Construction Dispute Resolution: Moderating Role of Shadow of the Future, Fairness Perception, and Trust. Journal of Construction Engineering and Management, 147(02).
Zhu, F, Hu, H, Xu, F and Tang, N (2021) Predicting the Impact of Country-Related Risks on Cost Overrun for Overseas Infrastructure Projects. Journal of Construction Engineering and Management, 147(02).