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    Emotional Reactions to Variations in Contract Language

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2013:;Volume ( 005 ):;issue: 002
    Author:
    Cindy L. Menches
    ,
    Lawrence Dorn
    DOI: 10.1061/(ASCE)LA.1943-4170.0000109
    Publisher: American Society of Civil Engineers
    Abstract: This paper introduces a theory of emotion-driven behavior in construction contracting and provides preliminary support for this theory by presenting the quantitative results of a study on the emotional reaction of individuals to the language in contract clauses. Four different versions of the standard delay clause found in most construction contracts were extracted from four different contracts and were presented to a group of 27 individuals. Participants rank ordered the four versions of the delay clause from 1 (most negative) to 4 (most positive). Overall, Clause Version 2 was ranked as having the most negative contract language, with nearly 75% of the participants ranking it as most negative. In contrast, Clause Version 4 was ranked as having the most positive contract language, with over 50% of the participants ranking it as most positive. Participants likewise selected negative emotion words to describe their reaction to Clause Version 2 and positive emotion words to describe their reaction to Clause Version 4. The findings suggest that contract clauses that contain negative language do tend to generate negative emotional reactions to the clause, while positive contract language does tend to generate positive emotional reactions to the clause.
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      Emotional Reactions to Variations in Contract Language

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    http://yetl.yabesh.ir/yetl1/handle/yetl/65867
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    contributor authorCindy L. Menches
    contributor authorLawrence Dorn
    date accessioned2017-05-08T21:54:06Z
    date available2017-05-08T21:54:06Z
    date copyrightMay 2013
    date issued2013
    identifier other%28asce%29la%2E1943-4170%2E0000138.pdf
    identifier urihttp://yetl.yabesh.ir/yetl/handle/yetl/65867
    description abstractThis paper introduces a theory of emotion-driven behavior in construction contracting and provides preliminary support for this theory by presenting the quantitative results of a study on the emotional reaction of individuals to the language in contract clauses. Four different versions of the standard delay clause found in most construction contracts were extracted from four different contracts and were presented to a group of 27 individuals. Participants rank ordered the four versions of the delay clause from 1 (most negative) to 4 (most positive). Overall, Clause Version 2 was ranked as having the most negative contract language, with nearly 75% of the participants ranking it as most negative. In contrast, Clause Version 4 was ranked as having the most positive contract language, with over 50% of the participants ranking it as most positive. Participants likewise selected negative emotion words to describe their reaction to Clause Version 2 and positive emotion words to describe their reaction to Clause Version 4. The findings suggest that contract clauses that contain negative language do tend to generate negative emotional reactions to the clause, while positive contract language does tend to generate positive emotional reactions to the clause.
    publisherAmerican Society of Civil Engineers
    titleEmotional Reactions to Variations in Contract Language
    typeJournal Paper
    journal volume5
    journal issue2
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/(ASCE)LA.1943-4170.0000109
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2013:;Volume ( 005 ):;issue: 002
    contenttypeFulltext
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