CS4: Breach of Contract

As part of your violence against women project you are coordinating the construction of a women’s shelter. You have hired a construction firm as well as a plumbing crew. The work of the plumbers depends on the progress of the construction crew in building the shelter. Both parties signed a contract prior to the project and agreed to a specific deadline for the completion of the project. However, the construction firm has fallen behind its timeline and it appears that the shelter will not be completed by the deadline. A consultant informs you that contract deadlines are normally understood as “suggestions” in this community. Another consultant suggests that you be firm with the deadline, while another advices you not to discipline the crew per contract as doing so will jeopardize future business relations. How do you resolve the situation without causing conflict?

1. Ethical Pluralism

According to ethical pluralism there are many different understandings of what is right or wrong. A value you consider “wrong” may be considered “right” by someone else. In this case, you may consider it “right” to discipline the breach of contact, while others in the community may consider it “wrong” to do so. As a result several questions arise:

• Do people in this community set deadlines for their projects? What is their understanding of a contract?
• Based on your ethical norms, what is the “right” thing to do? How do you think the construction firm react to your decision?
• Do you think that the construction team and the community have different values?
• Should you act based on your own values or the values of the community? Both? Are you able to create a balance?
• What did your training say about handling difficult situations such as this one?

2. Feminism

Feminism encourages consultation, evaluation and collaborative work in preventing and resolving conflict. Therefore, according to feminism you should create opportunities for dialogue with the community and the construction team. Some questions may arise regarding feminism in this situation:

• Is there an underlying reason as to why the construction firm delays the project? What is their understanding of the project’s goals? Do they believe that the construction of the shelter is a priority at this time?
• How do the locals approach situations like this where deadlines are not met? Can anyone from the community provide you with some advice?
• Is there anyone from the community that can act as a liaison between you and the construction firm?
• How can you maintain a respectful relationship with the local workers and the community when the project is in jeopardy?

3. Autonomy

When autonomy is held as the most important consideration, the preferences of the community are respected. In this case, you will act based on the community’s wishes.

• What does the community want? Do they want the shelter or your women’s program?
• Should you leave if their preferences are in conflict with yours?
• What do the community members think you should do when there is a breach of contract?
• How important is your commitment to the project’s goals?

Upon the request of the plumbing crew you hold a meeting with them and become aware that they are concerned about the cost of the time wasted in waiting for the builders to complete their work. They say that it is typical for foreigners to be poorly organized and inconsiderate of their business practices. One plumbers tells you that he has a family to feed and can’t wait around when he can find work elsewhere. You are afraid the plumbers will walk off the contract. How do you keep the project team on track without compromising you integrity and theirs?

1. Ethical Pluralism

According to ethical pluralism there are many different values and understandings of what is right or wrong. Plurality of ethics and norms exist not only between cultures but also within them. Therefore, when ethical pluralism is held as the most important consideration, you ought to try to understand what the other values are and act according to each of them. Some questions to consider:

• How do you determine which norms are “in play”?
• How does hearing the concern of the plumber affect your understanding of the culture’s norms?
• How can you make him and others understand one another’s expectations?
• Why do the plumbers say that it is “typical” for foreigners to be inconsiderate of their business practices?

2. Feminism

Feminism is committed to consultation and inclusion of all parties in the decision-making. In this case, you need to consider all sides and do an investigation before coming up with a resolution. Some questions to consider:

• Should you involve the plumbers in making a decision about how to approach the construction crew?
• Are there= any harms in involving your workers in project’s decision-making? What are the benefits?
• How can you build trust with the workers and form a healthy relationship with them?

3. Autonomy

Autonomy honours the preferences of the community partners. Therefore, in this case, you need to accept the wishes of the plumbers and acknowledge their concern. Some questions to consider:

• What are the demands of the plumbers? How can you ensure that their needs are met?
• What does the construction crew think of the situation?
• What would your community advisers tell you about how to approach this situation?

Academic Resources (6):

Dahlgren, J. and J. Soderlund (2001). “Managing Inter-Firm Industrial Projects – On Pacing and Matching Hierarchies.” International Business Review 10(3): 305-322.

Fowler, A. F. (1998). “Authentic NGDO Partnerships in the New Policy Agenda for International Aid: Dead End or Light Ahead?” Development & Change 29(1): 137-159.

Holmes, K. and K. Smith (2009). Managing Volunteers in Tourism: Attractions, Destinations and Events. Oxford, Butterworth-Heinemann.

Moresky, R. T., M. J. Eliades, et al. (2001). “Preparing international relief workers for health care in the field: An evaluation of organizational practices.” Prehosp Disast Med 16(4): 257-262.

Osman-Gani, A. M. and T. Rocksthul (2009). “Cross-cultural training, expatriate self-efficacy, and adjustments to overseas assignments: An empirical investigation of managers in Asia.” International Journal of Intercultural Relations 33(4): 277-290.

Smeltzer, L. R. and M. M. Jennings (2004). “Why An International Code of Business Ethics Would Be Good for Business.” Journal of Business Ethics 17(1): 57-66.

Non-Academic Resources (3):

IISD2010. “Management and Sustainability: Understanding the day-to-day functions of networks and partnerships.” from http://www.iisd.org/networks/manage/.

Thomsett International. “Project Pathology: causes, patterns and symptoms of project failure.” from http://www.thomsettinternational.com/main/articles/path/pathology.htm.

UBC Centre for Intercultural Communication. “Certificate in International Development.” from http://cic.cstudies.ubc.ca/cid/courses.html.

Total (9)