Abstract
Legal research and data from empirical studies show that Italian legislation is inadequate in preventing problems in the execution of public contracts. On the one hand, analysis of the most recent legislation on public works shows that many provisions are more likely to facilitate than prevent misconduct by public officials and economic operators involved in the execution of works. On the other hand, the data highlight discrepancies between the cost and time estimates provided during the project design phase and the actual figures: in the worst cases, these discrepancies lead to the failure to complete public works, even those of strategic or infrastructural importance. From an interdisciplinary perspective that combines legal analysis with investigative tools from behavioural and cognitive sciences, this paper draws on an Italian case study to highlight the potential correlation between major problems in the execution of public works and the inappropriate management of public decision-making during the design phase. The first stage of the research involves identifying errors, cognitive biases, and opportunistic behaviours that arise during the design phase. The second stage identifies possible remedies to improve the decision-making framework, namely nudges and incentives that can prevent behaviours that hinder the achievement of public goals, as well as new technologies (in particular, BIM Building Information Modeling) that can be employed to enhance the public decision-making process during the design phase.