Nash equilibrium and the dominant strategy are standard concepts used to explain game analysis in game theory and is used in many different areas of academic disciplines, such as economics and legal theory.
In the field of construction, game theory has been increasingly applied to analyse a wide variety of problems. Some examples include wage negotiations and optimization of investment projects. In particular, there was a study done on how game theory could be used to help indicate the best winning strategy in court cases between a general contractor (GC) and an investor (IN). The case study is based on a real situation that has happened between two companies in Europe and is going to be analyzed from the GC’s perspective, the party that brought the case to court.
Analogous to choosing strategy A or B in the picture above, both parties GC and IN may take an aggressive approach or a conciliatory strategy in court.
- An aggressive approach is more costly as a lot of resources are going to be used to actively search for opponent’s weaknesses
- A conciliatory approach costs less as it involves searching for a rational compromise and a shorter litigation.
The nitty gritty details about the costs (negative numbers) were based off of the real scenario and can be explained in the linked article, but to summarize, both parties would want to aim for a higher payout.
Additionally, it is realistic to also consider how payoffs and strategies would change depending on court rulings. In the study, it was equally probable for the court to either rule in favour of the GC or the IN. Therefore, two different analysis per court ruling using the Nash equilibrium concept and dominant strategy concept were made.
Nash Equilibrium for image Table 3, is if GC applies Aggressive Strategy and IN applies Conciliatory Strategy.
Nash Equilibrium for image Table 4, is if GC applies Conciliatory Strategy and IN applies Conciliatory Strategy.
Considering both payoff tables, the IN should apply the conciliatory strategy. It is a more complex answer for what GC should do as different court rulings would impact their strategy. In the case of when the court favours GC, it is best for GC to be aggressive. However, if the ruling is favouring IN, the only strategy for GC to have a positive payoff is conciliatory.
Although there is not a clear answer as to what GC must always do, it is reasonable to take into other factors on a case to case basis. Depending on how strongly prepared GC is for the court case (concrete evidence, lots of witnesses, expert assessments) or perhaps how ill prepared IN is, if it can be calculated that there is at least a 0.69 probability that such factors will have an impactful influence in the court ruling, then the aggressive strategy is effective.
The Nash equilibrium and dominant strategy is not only discussed in CSCC46 but also in many areas of study when game theory is often used to analyze scenarios. As discussed in class, the dominant strategy was used here in this scenario to help explain situations where the two parties (GC and IN in this case) might have more of an incentive to choose one option over another. This article provides a real world insight of how such a strategy can be useful for both opponents. In the case of the IN, they are always going to try to minimize their loss whereas in the case of GC, their optimal strategy will depend on the predictions on whether or not the court will rule in their favour. The article discusses other factors to consider, such as when further analysis needs to be done depending on “game states” which was, in the article, the side the court could choose to favour. Despite such thorough analysis, it was also highlighted that legal action should be the last option GC should try to resolve conflicts as there are less expensive alternatives such as mediation. However, if it ever did get to the point of bringing the investors to court, game theory would play an important role in choosing a winning strategy.
References:
Grzyl, B., Apollo, M., & Kristowski, A. (2019). Application of Game Theory to Conflict Management in a Construction Contract. Sustainability, 11(7), 1983. doi: 10.3390/su11071983
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