Kyle J. Mayer

Learning to Contract: Evidence from the Personal Computer Industry

Organizational forms involving more detailed contracts than are found in traditional spot market exchanges appear to be increasingly prevalent. There has been relatively little analysis, however, of the extent to which firms learn how to use contracts to manage their interfirm relationships over time. In this paper, we conduct a detailed case study of a time series of 11 contracts concluded during 1989-1997 between the same two partners, both of whom participate in the personal computer industry, to explore whether and how firms learn to contract. We find many changes to the structure of the contracts that cannot be fully explained by changes in the assets at risk in the relationship, and evidence that these changes are largely the result of processes in which the firms were learning how to work together, including learning how to contract with each other. The nature of this learning appears to have been quite incremental and local, that is, not very far sighted. We suggest how and when contracts might serve as repositories for knowledge about how to govern collaborations, and suggest some boundary conditions for this phenomenon. Our findings also provide implications for the debate about whether contracts have a positive or negative effect on interorganizational trust. We conclude with suggestions for future research.

Complementarity and Evolution of Contractual Provisions: An Empirical Study of IT Services Contracts

An increasing volume of business activity appears to be occurring via alliances or other interfirm arrangements in which complex contracts are featured, yet there has been relatively little study of contract design in the strategy or management literatures. The economics literature on contracting has been extensive, but it has been less concerned with learning and evolution---phenomena in which strategy and organization scholars are deeply interested. In this paper, we investigate the relationship between two types of contractual provisions that are important in high-technology contracts, or contracts for which environmental uncertainty or technological complexity are significant, namely, contingency planning and task description. Previous research suggests that contracts can vary significantly in the degree of detail with which such key provisions are written, and that they are each subject to learning. In this paper, we find evidence from a sample of 386 contracts that contingency planning and task description behave as complements in contractual design. We argue that this complementarity reflects patterns of learning to contract. We also find that repeated exchange between two firms leads to greater effort at contingency planning in subsequent contracts, a finding that is also consistent with learning effects, but not with frequently made claims that contracts and trust are substitutes.

Antecedents and Performance Implications of Contracting for Knowledge Workers: Evidence from Information Technology Services

This paper develops a theory that predicts why firms organize their knowledge workers as employees versus independent contractors and predicts the performance implications of this choice. It then empirically examines this organizational choice--which our theory predicts will be driven by contracting difficulties arising from expropriation concerns, measurement costs, and interdependence--and its implications for profitability for 190 information technology service projects. Using a two-stage switching regression model, our analysis shows that projects aligned according to our theory are on average more profitable than misaligned projects and that firm capability impacts organizational choice but not profitability.

Firm-Specific, Industry-Specific, and Occupational Human Capital and the Sourcing of Knowledge Work

Whereas capability differences are known to impact governance decisions, what drives heterogeneity in firm capabilities? We propose that capability differences may arise from governance choices related to the focal activity and study how firms accumulate capabilities in the firm-specific, industry-specific, and occupational human capital necessary to perform knowledge work. We theorize that prior outsourcing decisions influence the development of firm-and industry-specific human capital and that buyer–supplier differences in the management of skilled employees can produce systematic differences in capabilities based on occupational human capital. Additionally, we explore some contingencies in the development of these types of human capital and their impacts on outsourcing knowledge work. These propositions are tested with a unique data set on the outsourcing of legal work involved in filing patents (i.e., patent prosecution).

Are Supply and Plant Inspections Complements or Substitutes? A Strategic and Operational Assessment of Inspection Practices in Biotechnology

This paper theoretically and empirically examines the conventional wisdom in procurement management that often portrays supply inspections and supplier plant inspections as substitutes. We develop a theoretical model that focuses on potential internal spillover costs of the buyer receiving low-quality inputs and external spillover costs should low-quality inputs go undetected. Key to our analysis is the condition of whether a buyer can commit to the intensity of supply inspection. If a buyer cannot commit, supply inspections and plant inspections are substitutes, as widely believed. The two types of inspections, however, may become complements when a buyer is able to commit to the intensity of supply inspection. Complementarity is especially likely when (a) external spillovers are smaller than expected internal spillovers, which depends on the level of buffer inventory, (b) when knowledge sharing between buyer and supplier becomes more effective as the supplier allocates more resources to learning for quality improvement, or (c) when hiding aspects of the production processes is easier for suppliers. We empirically evaluate our model with a new data set drawn from a large biotechnology manufacturer. Empirical results provide broad support for theory, which, we argue, might help to explain variation in inspection practices across industries. Our theory and empirical analysis contribute to the literatures on strategic management, organizational economics, and procurement management by highlighting the organizational and strategic use of inspection practices.

Contracts, Negotiation, and Learning: An Examination of Termination Provisions

Taking a temporal view of learning in partnerships, we argue that learning to contract from prior relationships can be manifested not only in an increase in the level of contractual detail but also in a decrease in negotiation time for a given level of contractual detail. We analyse the influence that the length of prior relationships and the detail of termination provisions have on negotiation time, or the time period that it takes for partners to reach a mutually acceptable agreement. We find that: (1) the length of prior relationships has a curvilinear, U-shaped effect on negotiation time, suggesting the possibility of diverse learning mechanisms as the relationship unfolds; (2) the impact of the detail of termination provisions on negotiation time varies across different types of termination provisions; and (3) it takes a shorter time to negotiate certain types of termination provisions when partners have longer prior relationships. Beyond suggesting the need to investigate the consequences of contractual provisions for collaborators, our study proposes negotiation time as an additional indicator of a learning-to-contract effect that complements existing ones.

The future of interfirm contract research: Opportunities based on prior research and nontraditional tools

The goal of interfirm contract research is to examine how formal contracts impact transaction success, firm relationships, and ultimately individual and collaborative firm performance when two or more firms interact. Most contract literature uses an economic lens to examine contracts: the property rights perspective, agency theory, and TCE. Property rights-based contract research (Coase, 1960; Demsetz, 1967; Alchian & Demsetz, 1973; Cheung, 1969) examines how efficient property rights assignment mitigates ex ante hazards. Similarly, agency theory-based contract research (e.g., Ross, 1973; Jensen & Meckling, 1976; Harris & Raviv, 1979) investigates how incentive alignment between the principal and agent leads to the mitigation of ex ante hazards. In contrast, TCE-based research (Williamson, 1975, 1985) examines contractual safeguards to mitigate both ex ante and ex post hazards (e.g., Joskow, 1985, 1987, 1990; Crocker & Reynolds, 1993). Because the three economic perspectives dominate, most research addresses how contracts are used to mitigate ex ante or ex post hazards. Therefore, many topics still need to be investigated to enhance our understanding of interfirm contracting.

Complementarity in Firms’ Market and Political Capabilities: An Integrated Theoretical Perspective

We examine how a firm’s market-oriented capabilities (in areas such as R&D or marketing) and consumer focus foster its effectiveness in pursuing political activities. We then explore the sustainability of any advantage that firms may gain from their political actions. We develop a conceptual framework to propose that a firm’s political capabilities to implement different political tactics, such as information provision and constituency building, are a product of how related the tactics are to different market capabilities and the type of customers that the firm serves. Finally, we propose that the integration of market strategies and political strategies provides new insight into the sustainability of the advantages that a firm might gain through political activities.

Management in the Age of Machine Intelligence

The purpose of this panel symposium is to explore the implications of machine learning and algorithmic organization on management theory. We have gathered together a diverse collection of scholars ...