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Mitigation
of Risk in
Construction:
Strategies for Reducing Risk
and Maximizing Profitability
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Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability
Harvey M. Bernstein, F.ASCE, as a visiting Professor with the SmartMarket Report series on to MHC’s SmartMarket Reports,
LEED AP, has been a leader in University of Reading’s School of key construction industry trends. examining critical construction
the engineering and construction Construction Management and Previously, she served as Execu- industry trends including BIM,
industry for over 30 years. Cur- Engineering in England. Bernstein tive Director of the Clean Beaches public-private partnerships and
rently, he has lead responsibility for has an M.B.A. from Loyola College, Council and Deputy Director of green building. Prior to starting
MHC’s market research group as an M.S. in engineering from Princ- the National Pollution Prevention this position in 2008, she worked for
well as MHC’s thought leadership eton University and a B.S. in civil Roundtable. She has authored nearly 20 years with MHC’s Dodge
initiatives in areas such as green engineering from the New Jersey several articles and is a frequent division where she gained insight
building, BIM, interoperability, Institute of Technology. speaker on green building trends. into the construction news indus-
innovation and global construc- Russo has a B.S. in chemical engi- try. From 2005–2008, she served
tion markets. Previously, Bernstein Michele A. Russo, LEED AP, has neering from Cornell University as Editorial Training and Policy
served as the President and CEO been working in environmental and a Masters of Public Policy from Manager, responsible for educating
of the Civil Engineering Research policy and communications for 17 Harvard University. over 250 reporters on key trends
Foundation. He currently serves years. She currently is responsible in the industry. Donna has a Ph.D.
as a member of the Princeton for helping direct the green content Donna Laquidara-Carr, Ph.D., from Tulane University, an M.A.
University Civil and Environmental across MHC’s portfolio of products LEED AP, currently provides edito- from Boston University and a B.A.
Engineering Advisory Council and and services and directing MHC’s rial direction, analysis and content from Middlebury College.
table of
contents
4 Executive Summary
4 Executive Summary
6 Recommendations
7 Data
8 Impact of Risk on Infrastructure Projects
8 Time Overruns on Infrastructure Projects
9 Budget Overruns on Infrastructure Projects
10 Change Orders for Infrastructure Projects
11 Disputes Occurring with Infrastructure Projects
This page:
Left: Rendering of the Manhattan skyline
with the World Trade Center towers.
Right: Concrete paving on the I-15
Corridor reconstruction project in Utah.
contents
47 Litigation
47 Common Causes of Claims and Disputes on Infrastructure Projects
48 Approaches for Settling Claims and Disputes for Infrastructure Projects
49 sidebar Trends in Insurance
50 sidebar Using Design-Build to Manage Risk
51 sidebar Reducing the Risks of Sustainability
Case Studies
12 Managing Risk on Innovative Infrastructure Projects: Two Lessons Learned
32 Creating an Effective and Flexible Team to Counter Risk:
Pentagon Renovation Wedges 2–5, Arlington, Virginia
37 Using Effective Risk Management to Increase Competitiveness:
I-15 Corridor Reconstruction, Utah County, Utah
45 Managing Risk Through Effective Coordination: World Trade Center 2,3, and 4, New York, New York
52 Methodology
53 Resources
the critical need for wider adoption of rigorous risk mitigation procedures. Even in a survey group consisting only of
firms that work on very large infrastructure projects, risk assessment is used more frequently than most risk mitiga-
tion strategies. Strategies to mitigate risk, such as using BIM and having integrated teams, offer an opportunity for the
construction industry to increase efficiency and profitability. See page 6 for these and other strategy recommendations.
Impact of Risks on the ing that among those firms, there is a need for stronger
Infrastructure Industry risk management practices.
Unmitigated risks lead to schedule delays, cost overruns, The data also demonstrate the potential for greater effi-
and in the worst case scenarios, disputes and claims. All ciency and profit in the construction industry that could be
three are experienced by over three quarters of owners, achieved through better management of the factors that
A/E firms and construction firms that do large infrastruc- result in delays, cost overruns, disputes and claims.
ture projects in the U.S. of $100 million and over.
Biggest Construction Risks
■■Firms experience delays on nearly one quarter (24%)
When asked an open-ended question about the single
of their total projects. A few firms report a very high
greatest risk to a successful project, top-of-mind reported
percentage of delayed projects, increasing the average
answers include:
level compared to the median level of 15% for the group
as a whole. Design/Project Changes and Scope Creep
■■
■■Nearly one fifth (19%) of their projects are over budget, Budget/Cost Overruns
■■
Average Percentage of
Percentage of Respondents Projects Impacted Average Impact
Impacts Who Experienced Impact
Average Median Average Median
Delayed Completion 84% 24% 15% 17% 15%
Over Budget 86% 19% 15% 14% 10%
Disputes and Claims 76% 11% 2% $3,095,882 $400,000
When asked to rank the seriousness of specific risks, New Technologies and Practices Help
Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability
ASSESSMENT MITIGATION
Address Risk team, from early in the requires altering the priorities for the project.
Management predesign process through traditional mind set as well • Create contract
Early in the construction. Issues as investing in a different documents with
Project to Reap Its that emerge need to be evaluation process for clearly and reasonably
Full Benefits acknowledged quickly, and projects. This may include apportioned risks.
While risk management an internal communication greater transparency and • Try to have those most
needs to be an ongoing plan must be in place for greater collaboration familiar with issues
process, engaging in risk escalating risks that cannot than before. The most be actively engaged in
assessment as early as be managed by the project effective way to ensure resolving them.
possible is critical in order team directly. that a firm performs risk • Have a plan in place for
to maximize its benefits. management consistently the resolution of issues
Early risk assessment Implement a is for its leaders to prioritize that cannot be solved at
increases the opportunity Rigorous Risk and actively engage in risk the project team level.
for innovative solutions Assessment and management procedures—
that are also less costly. Mitigation Process and for everyone involved
Assess the Value
In addition, early risk beyond Simple in their projects to consider
of More Formal
identification can lead to Checklists risk in their decisions and
better estimation of the to communicate about
Collaboration on
Good risk management
cost of risk in the project involves more than risk effectively. Thus, the
Projects.
An integrated design
budget, whether through creating a simple checklist. approach to risk must
process is not yet widely
contingencies, contractual The leading firms be a fundamental part of
adopted in the industry,
clauses or insurance. conduct extensive risk a firm’s culture, not the
but it is widely recognized
assessment procedures responsibility of a small
to reduce risk. When
Communicate as soon as they become team of experts. Players
performed effectively, this
with Other involved in a project. can encourage this through
process incorporates many
Team Members While initial mitigation vendor and contractor
of the recommendations
throughout the efforts may be high- requirements.
already covered. It seeks
Project Lifecycle level, a rigorous process
the input of all players
Without accurate, timely will get progressively Engage in early in the project design
and complete information more detailed as a project Activities that process, allowing analysis
about projects, the best proceeds and new risks Reduce the of potential risks to occur.
risk management team and emerge. Regular meetings Likelihood of Since integrated teams
tools cannot accurately among all members of Litigation focus on the success of
assess risks or gauge the a project team, within Some factors to reduce the
the project rather than
appropriate response. the firm and beyond, are likelihood of litigation:
the impact on individual
The key to effective necessary to track those • Perform due diligence
firms and share liability
mitigation is information, changes and update the on potential clients,
for problems that occur,
and the complexity of mitigation plan. partners and project
communication is typically
most construction projects team members to learn
more open and transparent.
means that information Embed Risk how litigious they have
The shared liability and
is constantly changing. Management been in the past.
focus on project success
Information needs to be into Your Firm’s • Ensure all stakeholders
also helps reduce the risk
provided by all relevant Culture clearly understand
of litigation. n
stakeholders to the project Rigorous risk management the scope of work and
M
ore than ever, managing construction risk effectively has
Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability data
38%
16%
21% 21% 20%
None
17%
1%-20%
21%-50% 13%
More than 50% 4%
50%
Less More
than 1% 1%-10% 11%-15% 16%-20% than 20%
86% of those surveyed report that at least some of The percentage of projects over budget and the budget
their projects did not complete on budget. The average overruns reported by construction firms are more widely
percentage of their projects that ran over budget is 19%, disparate than those of owners or A/E firms.
which is lower than the percentage of projects that did
Percentage of Projects
■■
not complete on schedule (see page 8). This suggests
While the average percentage of projects experiencing
that some project budgets include contingencies
budget overruns for construction firms is the same as for
that anticipate some of the costs associated with not
other groups (19%), the median is significantly lower (8%).
completing on time.
Contractors are divided between two extremes:
The percentage of projects with budget overruns is
• 70% report 20% or less of their projects have budget
relatively consistent, with the median of 15% close to the
overruns—far more than the other two players report
average of 19%. Far fewer respondents report that the
(in the low to mid 50th percentile range).
majority of their projects experience budget overruns.
• They are also the only player group to report more than
80% of their projects completing over budget.
Average Budget Overrun
The average budget overrun is 14% of the total project ■■Average Budget Overrun
cost. When considered as a percentage of the work of Contractors experience a much wider differential than
these respondents, whose largest infrastructure projects other players between the average amount of overrun—
range from $100 million to over $1 billion, the implication 18% of the total project budget—and the median of 10%.
is that millions of dollars are at stake in these overruns. While the percentage who report a low budget overrun
of 1%–10% is consistent with the other players, 12%
Variation by Player report budget overruns of 25% or more on average (the
All of the players report a median of 10% of the total only player to report this level of overrun). Therefore, the
project cost for the budget overruns they have experi- average is influenced by this small group.
enced, and A/E firms and owners are strikingly close in
One factor that could contribute to contractors providing
their average reported budget overruns, at 12% and 11%,
more extreme answers than other player groups is the
respectively.
low profit margins contractors typically have on the proj-
This consistency among player groups suggests that
ects they build. With a current industry norm for profit
the way projects are interpreted to be over budget is
margins of less than 3%, even minor budget overruns
subject to much less variation than the definition of being
have very high impact on this segment.
over schedule.
45%
10%
14% 30%
None
17%
1%-20%
21%-50% 15%
More than 50% 10%
59%
orders on their projects, with an overall average Source: McGraw-Hill Construction, 2011
Infrastructure Projects with Disputes Given the prevalence of claims and their impact, it is
Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability data
76% report that some of their infrastructure projects not a surprise that 71% of respondents believe that the
have been involved in a dispute. The average percent- increased cost of litigation has a high impact as a trigger
age of projects with disputes is 11%, but the median for the adoption of good risk management practices.
percentage is only 2%. Therefore, a few firms reporting a (See page 35 for more information on triggers for risk
high level of disputes—12% with more than 25% of their management investments.)
projects engaged in disputes—are drawing the overall
average up. Variation by Player
These results correspond with the findings of Owners
the in-depth interviews (see page 19). Both owners Owners are the most consistent player when it comes
and contractors express concern about dealing with to the percentage of projects involved in a dispute. The
organizations that are highly litigious. One best practice average percentage of disputes for them is 5%, and none
is to investigate the history of potential partners for of the owners surveyed were involved in disputes on
this characteristic before agreeing to work together on more than 25% of their projects. They also report the
a project. lowest average claim, $1.1 million.
3% 3%
29%
None 6%
6% 24%
1%-10%
11%-25%
12% 12%
26%-50%
51%-75% 6%
58%
76%-100%
A
ll large-scale infrastruc- the specified productivity levels, and construction and operation of the
Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability
ture projects involve it failed a critical acceptance test. plant put the risk on the contractor
risk, but those that push The protracted legal battles and instead of the utility, a factor that
the envelope pose even search for a remediation solution led proved critical during the significant
greater challenges, whether they to a delay of three years before the litigation than ensued when the
employ technologies and designs not plant was fully operational. The cost plant was not functioning properly.
typically used in the United States or of the project also inflated to $148 However, Herd noted, it kept the
have a level of scope and complex- million, and the water produced by utility from being an active partner
ity exceeding most other projects. the plant increased from the origi- in monitoring the treatment process,
Two projects undertaken in the last nal estimate of $2.02 per thousand and held them “at arm’s length”
decade offer lessons about key gallons to $3.38, due to increasing due to the process’s proprietary
steps to understand and potentially equipment costs and inflation.2 nature. He prefers the remediation
mitigate risk when undertaking large- The main problem with the initial design-build contract, which gave
scale, innovative infrastructure. design was insufficient pretreatment, the utility greater control. He states,
These lessons are critical because, due in part to lack of recognition of “Now we own the plant, and with our
as one risk experts observes, “The unique local conditions. A bigger ownership, we have access to what is
reality is that you might take some issue, though, was that, despite the going on with it.” Proper contractual
risks now, and it might show up with fact that desalination is a relatively distribution of risks and roles, thus,
quality issues and defects in three new technology in the U.S., the proved to be another significant
or five years after the time the risk original design and construction factor that made a difference in
was taken.” (See page 19 for more approach did not include ways to remediating the project.4
information on the expert interviews actively identify problems as they
conducted.) occurred. In fact, the low production SAS Span on the
levels in the plant after it opened Bay Bridge
Tampa Bay Water were due in part to a domino effect The biggest challenge a project
Desalination Plant when a problem with one filter faces can be getting its stakehold-
Because it was one of the first major would go undetected, causing ers to agree. Without a shared vision
desalination plants in the country, issues that led to shutting down among stakeholders—and a good
ENR magazine described this proj- the entire system. process for aligning stakeholder
ect as a “bellwether for the future of The remediation team took a very interest—large, high-profile public
desalination in the United States.”1 different approach. They included projects can get mired in delays.
The problems they faced and the pilot testing of every element in the After the Loma Prieta Earthquake
ways those problems were remedi- desalination system. Pilot testing is seriously damaged the Bay Bridge
ated demonstrate that, when dealing not a norm for most treatment plants in California in 1989, a temporary fix
with a new technology, it is critical in the U.S., but the complexity of a was in place in two months. But more
to verify performance at each step desalination plant makes it a neces- than 20 years later, the permanent
and with each component in the proj- sity, reported Ken Herd, director of replacement is still
ect. In addition, the remediation strat- operations and facilities for Tampa under construction.
egy demonstrated the importance of Bay Water to ENR editors.3 Instru- One of the most controversial ele-
keeping the project’s ultimate owner/ mentation was also added through- ments, and one that added signifi-
operator fully engaged. out the process that identified cantly to the length of the project,
When construction completed on problems in the individual systems. was the eastern portion of the bridge.
the seawater desalination plant in the The instrumentation allows prob- In addition to the bridge needing to
spring of 2003, the project was con- lems to be addressed before they be able to withstand another signif-
sidered to be delivered on time and impact other systems, keeping the icant seismic event, activists, espe-
on budget at $110 million. However, plant as a whole on line. cially on the Oakland side, began
the project was functioning below The original contract for the to demand that the east side of the
continued
ti
n
co
bridge be as aesthetically pleasing as of steel during that time period or the The project took nearly another
Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability
the west side.5 complexity of constructing an SAS two years to be reissued for
The political battle that ensued bridge. Thomas Warne, head of a bidding, and when it came back in
added substantial delays to review group appointed by Governor March 2006, the official estimate
the project. Steve Heminger, Schwarzenegger to study the Bay was $1.45 billion, more in line with
executive director of the Bay Area’s Bridge project, stated to ENR editors the complexity of the project and
Metropolitan Transportation in 2004 that there were only 20 SAS the high price of steel. Part of that
Commission, described the difficulty bridges in the world, and he cited delay was due to the decision to
of dealing with stakeholders in a 2009 the “lack of experience in building increase the bridge tolls to pay
interview with PBS NewsHour. “We [one],” along with the difficulty in for the higher construction cost.10
fought about the design of the bridge, manufacturing the components, Two bids rather than one were
we fought about whether the bridge as significant risk factors for this received, and both were close to
should have a bicycle or pedestrian project.8 Only one bid was received the new estimate. A joint venture
path, we fought about where the from that initial offering, and at $1.4 of American Bridge and Fluor was
bridge should go, we fought about billion it was significantly higher than selected to complete the project.
whether there ought to be train tracks the original estimated cost. Amid a Construction began in May 2006.
on the new bridge … What was great deal of political controversy At this point, the project is
originally a limited objective, and uncertainty over how the still on target to achieve a late
which was to build a new span that project would proceed, the bid was 2013 opening, seven years after
would be seismically strong, grew eventually rejected. construction started. n
into a monstrosity where every
interest group under the sun tried to
glom onto the project and achieve SAS span of the Bay Bridge
under construction.
their objective.”6
As the former mayor of Oakland,
Willie Brown, pointed out, the issue
of satisfying stakeholders did not
only apply to those activists arguing
for the bridge’s aesthetic appeal.
He points out that any state bridge
project needs to get a series of
different interests in line, including
those of the governor, the state
legislature and Caltrans, in addition
to the communities actually linked
by the bridge.7
The challenges posed by the
site, the need for strong seismic
performance and the demand
for compelling aesthetics led to
the adoption of self-anchored
suspension span (SAS) bridge
technology. The project was initially 1
Judy, Scott. “Tampa Bay Water Plant Nearly Ready for Restart.” ENR. 4 October 2006. http://enr.construction.com/news/environment/
put out to bid in spring 2004, with an archives/061004.asp.; 2 Schexnayder, C.J. “Tampa Bay Water’s Troubled Desal Plant Passes Tests, at Last.” ENR. 20 December 2007. http://enr.
construction.com/news/environment/archives/071220.asp.; 3 Judy, Scott. “Tampa Bay Water Plant Nearly Ready for Restart.” ENR. 4 October
official cost estimate of $780 million. 2006. http://enr.construction.com/news/environment/archives/061004.asp.; 4 Ibid.; 5 “Politics, Engineering Intersect Over Bay Bridge.” PBS News-
Courtesy of Caltrans
Hour, aired 29 September 2009. http://www.pbs.org/newshour/bb/transportation/july-dec09/bridge_09-29.html.; 6 Ibid.; 7 Ibid.; 8 Rosta, Paul, Rubin,
However, many felt that this estimate Debra K., Powers, Mary B. “California Scraps Sole Bid for Signature Span.” ENR. 11 October 2004. http://enr.construction.com/news/transportation/
archives/041011-1.asp.; 9 Long, J.T. “This Time, Controversial Bay Area Span Brings in 2 Bids.” ENR. 3 April 2006. http://enr.construction.com/news/
did not reflect the rapidly rising cost transportation/archives/060403d.asp.
when asked what they considered to be the greatest Source: McGraw-Hill Construction, 2011
Performance Risks
Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability data
M
cGraw-Hill Construc- • Energy: 31% Changes in Schedules: Somewhat
■■
Cumulatively, the responses reveal report that as few as 20% and as Factors that make projects
best practices for managing risk. many as 90% of projects across the less likely to finish on time
Respondents were asked a series of industry achieve on-schedule and and on budget
questions on the following topics: on-budget completion. • Third-party influences, including
• Impact of Risk on Project Budget Despite that lack of agreement, multiple stakeholders, political
and Schedule there was consensus about the fac- interest and utilities
• Factors that Impact the Types of tors that differentiate projects that • Concerns about labor availability
Risks Encountered complete on time and on budget due to market changes, especially
• Risk Assessment and Mitigation from those that do not. on a long-term project
Procedures One expert notes that a key strategy
• Litigation Factors that make projects for achieving an on-time, on-budget
more likely to finish on time project is a collaborative relationship
Impact of Risk on Project and on budget between all the players involved.
Schedule and Budget • Adequate up-front planning Issues will inevitably arise as the
When gauging the risk inherent in • Clear scope of work and shared project proceeds, and “without
a construction project, the most expectations between firms and complete collaboration, there is not
commonly recognized measures clients a unified approach to solving the
are the ability to finish on time and • Realistic scheduling: Over- issues,” he says.
on budget. optimism was cited by a few as a
While these measures of risk problem that needs to be avoided.
seem relatively straightforward, • Contract documents that clearly
Most Important
several expert respondents question define risks and responsibilities
Risk Factors
exactly what being “on time” and for each partner: One contractor
• A shared vision and a clear
“on budget” entails. When asked to notes, “70% of whether a project
scope of work
estimate the percentage of projects will make the anticipated budget,
• The financial viability and
that typically complete on time and schedule and quality is determined
reputation of the firms you are
on budget, one contractor insisted by the time the ink is put on the
dealing with; those with litigious
that the figure depends on “whether contract.”
tendencies should be avoided
you acknowledge properly handled • Familiarity with the work and the
• The ability of firms to deliver the
extensions to changes that arose other players involved
quality of work required in the
in the course of the project.” Even Together, these responses reveal that
time allotted for construction
a relatively clear-cut measure of learning as much as possible and as
• Contractors: Subcontractors
risk demonstrates the challenge of early as possible about the project,
and owners, especially in the
measuring the impact of mitigation the roles of each player and the
public sector, who have some
efforts on the industry and inherent risks is crucial to minimizing
sophistication and experience in
determining their effectiveness. project risk.
the type of work undertaken
Given the challenge of even
• Owners: Designers and
defining “on time” and “on budget,”
contractors who have some
it is not surprising that estimates
sophistication and experience in
for the percentage of projects
the type of work undertaken
completing on time and on budget
vary widely among the experts, who
continued
Factors That Impact engineering and construction firm • Flexibility in Resolving Issues:
Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability data
the Type of Risks states that for his multinational com- Private owners also can more
Encountered pany, public and private work are in easily resolve issues that arise
A common conclusion is that the two separate business units because during construction directly
relationship with the other firms their risk profiles are so different. with the firms they hire as
involved in the project, including • Flexibility in Types of Contracts: compared to their public-sector
partners, clients, design firms and Several experts note that the counterparts. One respondent
construction firms, is more impor- private sector has more flexibility from a construction firm notes
tant in determining the level of proj- in terms of how to apportion risk that the work they obtain in the
ect risk than project type or size. in its contracts. One respondent private sector typically comes
Several respondents emphasize that from an engineering and from an already strong relationship
risks vary dramatically from project construction firm finds the private between their firm and that client,
to project, while others report that sector can negotiate reasonable and that relationship allows them
certain risks typically emerge as criti- contract terms more easily than to work directly with the client
cal across projects. However, project “the bureaucrats” in the public when problems appear.
type as a whole was not considered a sector. However, another sees • Faster Decisions: The level of risk
key determinant of risk. this flexibility as a disadvantage, faced by contractors is reduced
One aspect that many felt made with less consistency in the by the ability of project owners in
a difference in the risks they faced private sector in how provisions the private sector to make quick
is whether the project is public or of the contract are applied. Also, decisions, which owners in the
private. one contractor reports that the public sector typically cannot
federal government has evolved do. One expert noted that public
Risks of Public versus project decision makers are
from a low bid emphasis to “real
Private Projects appointed or elected officials,
value purchases” that allow them
Nearly all the experts interviewed which slows their ability to make
to focus on assembling the most
report facing very different risks critical decisions.
qualified team, moving the public
based on whether the owner of the • Payment Risk: Several
sector a little closer to the private
project is in the public or private respondents note greater
sector in terms of flexibility in
sector. In fact, one executive from an concerns about project funding
contracting firms.
and the ability of private-sector
owners to pay compared to public-
Risks Typically Considered by Contractors sector owners. In addition, one
at the Go/No Go Stage expert describes how large-scale
• Project Funding: Concerns about an owner’s ability to pay have private projects may be funded
become more prominent during the economic downturn. While this risk by a consortium, which raises the
has largely been confined to the private sector in the past, at least one issue of an increased number of
firm cited concerns about some public agencies as well. stakeholders to satisfy, as well
• Contractual Agreement: Many express concern about how the as increasing the risk of payment
contract documents apportion risk. Being asked to assume risks they issues. This risk may not be
believe belong with the owner will lead some firms to decide not to confined to the private sector. For
pursue a project. one construction firm, the concern
• Internal Resources: Some measure how the project will tax their over the ability of municipalities to
internal resources and whether they can staff the project sufficiently. pay has also begun to rise, making
• Labor Issues: Availability of labor is a very common risk factor. For it necessary to confirm that “the
union contractors performing public projects, having a relationship with funds are properly designated
the regional union organizations was considered important in terms of and set aside in the appropriate
mitigating this risk. budget” before committing to a
public project.
continued
• Requirements and Restrictions: • Unforeseen Site Conditions: lifecycle. One large public owner
Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability data
A thorough knowledge of all In addition to unexpected soil points out that risk evolves through
requirements, such as bonding, conditions, unforeseen site the project stages from more gen-
errors and omissions insurance, conditions can include the eral considerations to ones that are
and mandated green standards, discovery of hazardous materials better defined. Another describes
is critical to minimize risk when or an old cemetery. For most how their process for evaluating
dealing with the public sector, contractors, this issue can only be the feasibility of their projects mir-
especially the federal government. mitigated through strong contract rors the evolution of risk through the
One contractor explains that lack documents which place this risk project lifecycle as they first con-
of experience with a government with the owner. sider the business perspective, then
owner can lead to very costly review the environmental and politi-
omissions. cal risks, then assess the design risks
Risk Assessment and and finally evaluate the construction
Difficult Risks to
Mitigation Procedures risks. A large private owner affirms
Rigorous risk assessment and mit-
Quantify that after early consideration of many
igation procedures typically begin
Despite their best efforts to capture risk factors, they “convert [their]
early in the project lifecycle and
the risks with the biggest impacts, assumptions to reality” as the project
often involve metrics for tracking
which a few referred to as the progresses, and as a result, the risk
performance against risks.
“known unknowns,” the “unknown posed by their work lessens as the
Most of the experts have rigorous
unknowns” can create a major project advances.
risk assessment and mitigation pro-
impact on the project as it moves for- Contractors also place value on
cedures in place in their compa-
ward. Several experts point out that early risk assessment, although
nies. Some of the largest firms state
keeping as many elements as pos- those who largely work on compet-
that their organization takes a scal-
sible from falling into this category itively bid infrastructure projects
able approach to tackling the issue
is critical to risk mitigation. As one caution that, until they determine
of risk, in which the degree of effort
states: “The only thing you can do is that they are likely to win a bid, they
and time invested in risk assessment
minimize [the unknown unknowns] cannot devote significant resources
is determined by the size and com-
through a robust estimating and risk to risk analysis. Bidding or submit-
plexity of the project. One describes
review process.” ting proposals is a resource-inten-
how they only conduct a full quanti-
Despite that goal, several fac- sive activity, and many contractors
tative analysis involving simulations
tors can lead to the creation of more state that determining their chance of
and forecasting on the most com-
unknown unknowns: winning the bid takes priority. How-
plex projects, but that they still eval-
• Incomplete Design: One factor ever, they also report their need to
uate the probability and impact of
that can exacerbate the risk of price risk effectively in the bid pro-
typical risks on their simpler projects.
unknown unknowns is to expect cess. Contractors, even more than
The limits to scalability, however, are
the GC or CM to begin a project owners, report that their approach to
pointed out by one respondent from
when design has not been risk changes through the lifecycle of
an engineering and construction
completed. the project.
firm, who states, “A $3 million job
• The Economy: While certain
could create a $10 million liability.” Risk Assessment at the
fluctuations can be anticipated, the
Go/No Go Stage
recent decline has led to increased Risk management by
Most firms adopt a formal review
concerns about the impact of the Project stage
process at this stage using a list of
economy, including uncertain The owners, public and private,
typical, known risks to evaluate the
project funding, market cycles describe the majority of their risk
specific challenges the new proj-
during long-term construction assessment occurring during the first
ect poses. These risk registers can
projects possibly leading to go/no go decision point. They then
include well over one hundred risks
unexpected inflation, labor track those risks and how they per-
to be evaluated, but these risks are
shortages and reduced margins. form through the rest of the project
continued
Factors that increase the risk of litigation nal estimates as much as an indica-
• Firms prone to litigious behavior: This factor was cited the most by tion of actual issues with the project.
respondents. Owners typically report trying to avoid contractors with a Another reports that in addition to
litigious reputation, and contractors report evaluating owners based on tracking their own performance, they
their history of litigation. Selecting the right team is a critical strategy for benchmark that performance against
avoiding litigation. other agencies.
• An unclear defined scope of work: Related issues include ambiguous
project or contract documents. Performance Metrics
• Lack of familiarity with other team members: This can lead to Beyond Cost and Schedule
misunderstandings. One contractor compared this to “getting married Owners
after dating someone for a week.” • Decision latency: The delay before
• Insufficient project funding a decision is made can be a useful
• Ownership structure with multiple partners metric when examined both by
• Certain project types: Bridges have less schedule flexibility than other how long the delays are and by
infrastructure types. Litigation of condominium projects is also more how frequently delays occur
common than in other general building types. • Change orders across multiple
contracts
Contractors/Engineering and
not equal in importance. One firm the key to successful risk assess-
Construction Firms
reports that at the end of their pro- ment and mitigation is to engage
• Safety
cess, typically about a dozen risks are in regular reviews of the project to
• Labor utilization and productivity
identified as significant. Methods of assess the mitigation of risks previ-
• Cash management (net cash
evaluating these risks vary among ously identified and the appearance
compared to gross profit)
the respondents—some use a more of new, unexpected risks. Nearly all
• Profitability
free-form evaluation by the project the firms that engage in this activ-
• Comparison of self-performed
team while others use formal tools ity report doing it at least quarterly.
work to subcontracted work
that assign a score to each risk. In addition to performing these risk
• Materials used
For some, this assessment list is assessments, one describes doing
drawn, at least in part, from their gap analyses on a regular basis that
experiences with previous projects. assess profit recognition and how
Litigation
There is general agreement that the
One engineering and construction much reserve is released on a regu-
best approach to litigation is avoid-
firm describes how their completed lar basis.
ing it if possible.
projects are evaluated and risk fac- For some of the respondents,
The respondents agree that litigation
tors are drawn from that evaluation senior management remains
has a large impact on the construction
to form a “watch list for risk predic- engaged throughout the lifecycle
industry. The most common theme to
tors.” Most describe how mitigation of the project. One engineering and
emerge, however, is that most respon-
strategies are provided for all of the construction firm has their CEO, CFO
dents avoid allowing issues that arise
most serious risks, and these formal and chief legal officers do a deep dive
on their projects to get to the point of
documents are often reviewed, on risk on all of their major projects
claims and disputes. A few observe
not just by the project team, but by twice a year, where they devote more
that once an issue devolves that far,
other functions within their com- than a day to examining how risk is
they can lose control and/or face high
pany, including senior management, being managed on the project.
costs. One contractor states that litiga-
finance, and, in some cases, legal.
Metrics tion “ties up our resources, our people,
Risk Assessment After Nearly all those interviewed track and it is a no-win situation” for any of
project is in progress costs and schedules. However, one the parties involved. A public owner
Once the original risk assessment public owner cautions that compar- agrees that early resolution of issues
is completed and a project begins, ing these to the original estimates
continued
to resolve potential disputes is “key it becomes difficult to accurately mea- contractor compared their efforts to
Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability data
to keeping project costs down.” Only sure potential and actual impacts of raise risk awareness in the field to
those whose work is primarily publicly risks. Construction projects involve their efforts to encourage a culture
bid projects seem to accept litigation merging many different requirements of safety in their organization. Others
as a normal part of doing business. for labor and materials, and this level emphasize the need to engage man-
Another reason mentioned by a of complexity and interdependence of agement at the highest level in order
major design firm to avoid litiga- different elements requires risk analy- to ensure that risk assessment is pri-
tion is the negative impact it can sis to delve into the details. oritized in their approach.
have on a firm’s reputation, poten-
Communication, Collaboration
tially decreasing its chances of gain-
Transparency and While strong communication is
ing new business on top of the losses
Accurate Reporting important to help mitigate risk, it
involved directly in the case.
Communication underlies many functions best when joined with a
of the strategies discussed by the collaborative approach to the project.
Strategies for Reducing the
respondents, including communica- Contractors involved in joint ventures
Likelihood of Litigation
tion between different departments, note the benefit of having the partner’s
• Use a team approach, whether
formalized review procedures, estimation of the risks involved before
derived from greater collaboration,
and clear lines of communication taking on the project and sharing of the
or a formal design-build or
between all the major players on the risk profile once the project has been
integrated project delivery contract.
project to help resolve issues before won. Successful collaboration shifts
• Create contract documents with
they turn into disputes. the focus of the definition of success
clearly and reasonably apportioned
A key part of that communication from the original firm to the project as a
risks.
is a transparent assessment of true whole. It has the added benefit of also
• Conduct a constructability review
conditions and concerns on a proj- reducing the risk of litigation because,
on project documents before
ect. This means ensuring all parties as one owner put it, “What are you
bidding a project.
involved in the project recognize that going to litigate about when you are
• Conduct a quantitative risk analysis
reporting issues as quickly, fully and all on the same team? You don’t sue
early.
honestly as possible allows the entire your own partners.” Several note that
• Resolve problems “at the
team to help address them. Commu- industry trends, such as design-build
lowest level possible.” When an
nication is a critical tool to minimize approaches in infrastructure projects
issue arises, the most effective
the impacts of risks on a project, but and integrated project delivery in
approach is to have those with the
fully transparent communication is general building, are helping the
greatest familiarity resolve them.
difficult to achieve unless prioritizing industry to mitigate the risks inherent
• For issues that cannot be resolved
risk mitigation has been incorporated in construction.
at the lowest level, have a plan in
into the culture of the firm.
place for the resolution process.
Methodology
Incorporating Risk
15 in-depth interviews were
Strategies and Best Management into the
conducted by telephone in
Practices for Mitigating Culture of the Firm
September 2011 with leading
Construction Risk Several experts emphasized that risk
experts on risk mitigation from
A few broad strategies and best assessment and mitigation cannot
the following firm types:
practices emerged about how to be overlaid onto an existing project
• 6 engineering and
best mitigate risk in construction. team. Even in those firms that have
construction firms
separate positions devoted to analyz-
Level of Detail • 3 construction firms
ing risk, everyone—from workers in
One owner reported the need to • 1 construction consultant
the field to the highest level of man-
“separate each risk into its compo- • 1 design firm
agement—must consider risk as a
nent pieces at a level that is action- • 4 owners
regular part of their job function. One
able.” If analysis stays at a high level,
adopted formal risk assessment procedures. ■■The remainder are relatively evenly split between the lowest
level (25%) and the two upper levels (17% each).
The other half report adoption by more than 75% of
■■
have formal assessment procedures. ■■Yet one quarter report levels of 75% or more.
Owners
Owners are almost evenly divided between those who
think most owners are not doing formal risk mitiga- 18%
More than 75%
tion and those who think that more than half are, with an
51%-75% 43%
average perceived adoption level of 40%.
26%-50% 21%
Exactly half (50%) believe one quarter or less of owners
■■
1%-25%
have formal risk mitigation procedures.
18%
On the other extreme, 40% of firms believe more than
■■
of risk assessment procedures for the industry at large, Source: McGraw-Hill Construction, 2011
A/E Firms
A lower percentage of these firms indicate that they are
aware of external resources for risk management as
compared to the other players. The percentage of those
aware of these resources (75%) was the same percentage
as those using them now or planning to use them in the
next three years. This suggests that greater awareness of
the resources available could encourage greater use of
outside resources for this segment.
Construction Firms
All of the construction firms used input from inter-
nal experts and plan to do so in the future. For external
resources, however, while their awareness was high
(92%), only 75% are using or plan to use these resources.
These firms also indicated two other strategies in addi-
tion to the list presented them:
strategies are also very high among all respondents. Source: McGraw-Hill Construction, 2011
strategy adoption, only a medium level of tool adop- Source: McGraw-Hill Construction, 2011
Construction firms
Only a small percentage of contractors (20%) report using
or planning to use statistical modeling tools. Since these
tools are typically used for risk assessment during the
pre-design and design phases, this low level of adoption
is likely due to greater contractor involvement in the late
design and construction phases of projects.
M
ost reputable Safety Staff about theirs,” he says. “That’s not
contractors promote Another key concern in the construc- the approach we take anymore.
safety as a core tion risk management arena is the We’re working on educating them
value, but in a down role of safety staff. Paul Becker, con- more. They could do something to
economy, that mission can be struction practice leader at Willis, impact anyone on the job site.”
challenged. Risk management and North America, says he is uneasy McCarthy’s requirements in its
safety professionals see concern in about the trend among some con- subcontract agreements include
the industry about how to maintain tractors to give quality control and task hazard analysis. The company
safety in a business environment quality assurance duties to safety also requires regular reporting of its
where staff is expected to do more staff. In addition to helping stretch subcontractors’ incident rates.
with less. dollars, the trend reflects efforts to “A lot of subcontractors aren’t
address increasing concerns about used to this level of scrutiny, but
Doing More with Less construction defects. when they are finished with our jobs
Billy Miller, risk engineering chief “We see it more and more,” he and they see how it reduces their
construction officer at Zurich, says says. “Contractors want to better workers’ compensation, they are
the number one issue discussed address quality control and quality happy to adopt it,” he says.
with clients is how to cover more assurance, but the problem is that
exposure with fewer people. these are not QC guys—they are fun- Government
In some cases, contractors may be damentally life and safety people. Enforcement
using fewer laborers or tradespeople Their backgrounds and training have At the same time that some contrac-
to complete tasks than in the past. always been about worker safety, tors are trying to stay on top of safety
“We see people asking things like, proper controls and crisis manage- through a tough market, government
‘How many laborers do you need ment. If you ask them to do QA/QC, enforcement of safety has changed.
to move material from one spot to they often have to be retrained. Scott Trethewey, executive vice
another?’ and ‘Can you get by with They are stretched.” president of risk management and
less and still be safe?’” he says. finance at Moss & Associates,
“Maybe you can work with suppliers Subcontractors notes that under the Obama
about how to stage materials better In light of those issues, some administration, the Occupational
to help employees manage them. contractors are focusing more Safety and Health Administration
How you man jobs is coming under intensely on subcontractor safety. (OSHA) has changed its approach to
more scrutiny, and that feeds into Gary Amsinger, vice president safety enforcement.
safety concerns.” of safety at McCarthy Building, “They have moved from a
In response, Miller says, customers says the company has changed collaborative approach to an
are asking carriers for more services its safety practices considerably enforcement approach,” he says,
to help them train staff on these and introduced new guidelines for noting that OSHA has allowed
issues. “In some cases, they have subcontractors five years ago. During several of its cooperative Voluntary
fewer people than they need to figure the economic downturn, he says, Protection Programs to expire.
out how to solve these problems,” the company has put even more “OSHA is in the business of
he adds. emphasis on those policies. enforcement. The penalties for
“Years ago, when you [as a con- violations have escalated. They have
tractor] hired a sub, you worried gone on the offensive at a time when
about your guys and they worried people are already stretched.” n
group or consultant to manage risk for an infrastructure Contractors are most likely to engage external help,
project in the last five years. External experts can provide with 67% affirming that they have done so. The project
a wide range of services for a project, including perform- stage at which they are least likely to seek outside help is
ing independent risk estimates, helping engage and bidding/negotiating (25%)—significantly less than during
coordinate multiple stakeholders, and providing critical pre-design/design (38%) or during construction and post-
insight and knowledge to support a firm that is venturing construction (50%).
into a type of construction or geographical area in which Given the importance of the bidding/negotiating
it lacks experience. stage to these players, this result is surprising and may
The in-depth interviews with risk experts reveal that, be attributed to the concern about investing in risk
for the most part, firms hire external advisors to help assessment or mitigation until they have been awarded
manage risk on a project-by-project basis, rather than as a the project.
regular course of action (see page 19).
Cost Savings
Variation by Player 71% of the firms who engaged an external advisory
Owners group or consultant found that doing so resulted in cost
At 45%, owners report the lowest rate of using outside savings. The average cost savings they experienced is
expertise compared to other players. When they do 5% of the total project cost. Given the size of the projects
engage advisors or consultants, they most often do so in undertaken by the respondents to this survey, this trans-
the design and bidding/negotiating phases of the project. lates into millions of dollars in savings for all of those who
These findings confirm the general trend that owners report cost saving benefits.
are more concerned about assessment in the early stages
of a project than mitigation throughout the rest of the
project lifecycle.
A/E Firms
Half the A/E firms report hiring an external advisory
group to help manage risk. Nearly all who seek outside
expertise do so in the pre-design stages, although
they have relatively high rates for using external firms
throughout the construction life cycle. Reported use level
by project stage include:
• Pre-Design—83%
• Design—67%
• Bidding/Negotiating—50%
• Construction—50%
• Throughout the Project Lifecycle—33%
• Post-Construction—17%
9% when their projects are released for bids. However, Source: McGraw-Hill Construction, 2011
Asses_Q8a
Nearly all of the owners (91%) report that they vary Design-Build
their contingency by contract type. The contract type Respondents report an average contingency of 16% for
influences the amount of risk borne by the owner, and design-build projects. Design-build projects can reduce
it also can encourage practices that minimize risk like risk by providing the contractor with flexibility. They can
collaboration. also reduce owner liability. For an example of a project
in which a design-build approach significantly reduced
Design-Bid-Build
risk, see the case study on the Pentagon renovation on
Respondents report an average contingency of 20%
page 32.
for design-bid-build projects. Traditional design-bid-
build can result in an adversarial relationship between Construction Manager at-Risk
the key players on the project, reducing vital communi- Respondents report an average contingency of 7% for
cation about risks and the willingness to work with other construction manager at-risk projects. Construction
stakeholders to mitigate them. It also leaves the owner manager at-risk contracts typically have a guaranteed
more contractually exposed to risk than a design-build or maximum price, which pushes the risk of cost over-
construction manager at-risk approach. runs onto the construction manager rather than the
owner. This pricing approach may lessen the need for a
contingency.
T
he initial schedule for the
Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability
Decision to Use
Design-Build
Diana Hoag, the contracting officer
and deputy project manager for
Wedges 2 through 5, states that,
until PENREN undertook this project, Grand staircase after the renovation
“the organization had never done
direct experience with construction. they were under budget, and
design-build.”
In his efforts to understand how customer satisfaction was through
The approach to the project was
to proceed, he realized that in the roof.” With those successes to
initiated by Lee Evey, the program
construction, cost and schedule guide them, they prepared a Request
manager who originally joined the
overruns are considered the norm. For Proposal (RFP) for Wedges 2
project for the Wedge 1 renovation.
He also faulted traditional contracts through 5 as one large design-build
He explains why he wanted a new
with too much attention on what contract.
Hensel Phelps Construction Company, Courtesy Design-Build Institute of America
approach for Wedges 2 through 5:
goes wrong and too little attention on
“When I came into the program,
there was several hundred million
how to award strong performance. Writing the Right
dollars of work being done in the
With these issues in mind, he Contract
decided to take a different approach Evey determined that contracts
basement and mezzanine areas.
to contracting the remainder of “are not a resolution for risk” in
The projects were all behind
the project. construction projects. Instead,
schedule and way over budget. The
Hoag explains that before he believed the most important
customers, in the areas we were
selecting a design-build approach for element is to “hire a good team, set
beginning to turn over, hated what
over $1 billion of work, she and Evey up a system to reward teams if they
we were providing to them. Congress
beta-tested the approach on two achieve your goals ... and express
was threatening to cancel the
smaller projects within their program your goals clearly and simply.”
program for poor performance.”
portfolio. “In both cases, the results Instead of creating typical
Evey came into the program with
were overwhelmingly positive: the bid documents totalling several
a background in acquisitions but no
projects were ahead of schedule, thousand pages as they had for
continued
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n
co
ti
n
co
of a project manager was the ideal overlapping phases. This approach made them “highly incentivized to
Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability
person to meet those requirements. created immense programming make the right decisions that were
He reports, “Interestingly, project challenges, which Hensel Phelps in the best interest of the job.”
managers were proposed that tackled by taking ownership of all Other strategies employed by
in some cases we would never programming aspects before the Hensel Phelps to manage risk
have seen,” and he believes that work began. “We had a million included surveying tenants after
the candidates identified were a square feet under construction at any they moved into the space so that
“significant factor for consideration one time,” says Saul, “and our job they could increase customer
in the award.” was to build that space to the needs satisfaction on later parts of
In the end, the ability to take of the tenants but at the same time the job. In fact, one benefit they
advantage of the flexibility offered remain invisible” to avoid disrupting derived from being engaged in the
by the contract to innovate was a the work at the Pentagon during the full 10-year contract was the ability
major factor in the final contractor construction period. to learn lessons as the project
selection. Hoag describes how they For him, one critical strategy was advanced. Saul affirms, “We
cautioned the bidders that “this for Hensel Phelps to get actively built Wedge 5 faster than any of
contract is supposed to go for 10 involved in redistributing the the others because of all the
years; nobody can predict what it is tenants while spaces were under lessons learned.“ n
going to be like next year.” With the construction. He explains that for
selection of Hensel Phelps, she was every half million square feet they
confident that they had found “a worked on, “there could be 4,000
Project Facts
st
design-build partner that could roll people that needed to be relocated.”
at
and Figures
s
with the punches.” In order to maintain their aggressive
schedule, they devoted time and Owner
PENREN / Washington
Risk Management resources to make sure they could
Headquarter Services
through the account for the relocation of all the
Construction Process current occupants before starting a Design-Build Firm
Hensel Phelps Construction Co.
When the airplane struck the new section.
Pentagon two days before the During construction, the reviews Architect
Shalom Baranes Associates
contract was awarded, it turned created because of the award fee
out that flexibility was critical. Not incentives proved highly valuable. Design/Build Contractors
only was there new work because Evey argues that the monthly reviews Electrical: M.C. Dean
of the damage, but soon Congress were critical to keep the owner team Mechanical: Southland
requested that the project be highly engaged. Saul states that Fire Protection:
accelerated to 10 years rather than what really impressed him was “that National Fire Protection
the original 12. Hoag describes the they didn’t just grade us. They would Interior Designer
experience as chaotic: “Instead say that these are our strengths, Studio Architecture
of starting off on this very well- weaknesses and recommendations Sustainability Consultant
planned and very methodically for improvement ... You got constant Heller & Metzger
placed contract, we immediately feedback from the customer on how Total Square Feet
started thinking about how we they felt you were managing the 4,500,0000
could change it.” project, and based on that, we would Project Cost
Saul explains that Hensel Phelps make course corrections.” He credits $1,667,000,000
had originally planned to do one the combination of the flexibility Construction Start Date
wedge at a time, but to make the allowed by the contract with the September 14, 2001
reduced project schedule and steady owner feedback as key to the Completion Date
increased scope of work viable, project’s success in managing risk, February 11, 2011
they resequenced the job to be 17 stating that the award fee system
Variation by Player
Owners
Owners are most influenced by external pressures greater availability of tools and technologies for risk
and availability of risk mitigation expertise. Two of the management. This suggest that A/E firms think the indus-
most influential drivers for owners are greater avail- try sees the need for risk management but that more
ability of experts/consultants/personnel that specialize knowledge and better internal practices to encourage
in risk management, and demand for transparency on greater adoption are required.
high-value projects. Owners feel that public pressure
for greater transparency is driving their adoption of risk Construction Firms
management, and they feel they need greater expertise Construction firms are influenced most by pressure to
to manage this challenge. adopt risk management practices. They report that exter-
nal pressure and internal firm leadership would have the
A/E Firms most impact on the industry adopting higher levels of
A/E firms are most influenced by internal factors. Impor- risk mitigation strategies. The largest percentage of them
tant triggers for A/E firms include more availability of select the need for an internal champion and the demand
experts/consultants/personnel that specialize in risk for greater transparency as having a high impact on risk
management, presence of an internal champion, and management adoption in the industry.
ud
y
to Increase Competitiveness
I-15 Corridor Reconstruction
Utah County, Utah
I
n order to be competitive for In response, instead of focusing that they wanted to deliver on the
Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability
the design-build contract for on offering the lowest price, Fluor two high-performance items, many
the I-15 highway reconstruction concentrated on delivering the of those risks were heightened.
in Utah, Fluor Enterprises and highest level of performance Understanding what those risks
its partners promised the owner an possible for the owner. According entailed and knowing that they could
aggressive schedule for completion, to Tuhr Barnes, the project director devise strategies to mitigate them
as well as minimal disruption to the of the I-15 project at Fluor, their properly made it possible to submit
flow of traffic. Their approach to risk competitive advantage came from the winning bid.
management before the bid and two decisions with a high impact One strategy they employed
during construction allowed them on project risk. First, Fluor offered during the bid process was having
to make these commitments. As of to “maintain the same number of their three partners do independent
early November 2011, the project was lanes during construction that were estimates in their expertise
70% complete, and their approach there prior to construction,” even areas. Stevens explains that the
has helped them to achieve the though that was not included in the appropriate process is necessary
ambitious goals they set. project requirements. In addition, for this approach to be effective: “If
they proposed an aggressive overall you have pre-specified the kind of
Formulating a construction schedule, completing breakdown that you want each party
Competitive Bid design and construction worth $1.1 to utilize, you can see deviations
Instead of asking bidders to billion dollars in under 36 months. and reconcile them.” He credits this
provide the lowest price, the Utah The entire bid team worked process with helping Fluor to ensure
Department of Transportation (DOT) together to determine this strategy that they accounted for the project’s
took an unusual approach to the after a careful look at the risk major risks and, just as importantly,
bid. Mark Stevens, leader of Fluor’s involved in the project. Barnes points created opportunities to draw on the
corporate risk group, explains that out that the project faced all the usual expertise of their partners to take a
the Utah DOT provided its budget up risks of a large design-build fast-track more efficient or better approach to
front and asked bidders, “How much highway project, including schedule, elements of the project.
can you give us of what we want at productivity and execution risks.
that budget?” Moreover, once they determined
continued
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st
sections of the highway had to be
at
and Figures
s
Design-Build Team
Fluor Enterprises (Team Leader)
Ames Construction Inc.
Ralph L. Wadsworth
Construction Company, Inc.
Wadsworth Brothers
Construction , Inc.
Owner
Utah Department of
Transportation
Type of Project
Highway Reconstruction
Photos Courtesy of the Utah Department of Transportation
Size
24 Miles
Value
$1.1 billion
Construction Start
January 2010
Completion
December 2012
Temporary lanes were added to avoid disrupting the flow of
traffic during the project.
At least 50% of all respondents report most major The high level of involvement reported by the A/E firms is
Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability data
departments in their firm are involved with risk consistent with the owners’ high level of engagement in
management. This includes eight different types of risk planning during the design stage.
departments, including teams directly involved in the
project, senior leadership and finance. A/E Firms
This result demonstrates the importance of a wide The departments identified by the largest percentage:
range of input beyond the project team to best mitigate • Project Management: 75%
the impacts of risk. The varied perspectives are critical, • Engineering Personnel/Team: 75%
as is buy-in from senior leadership. • Vice President/Division Head: 67%
• Architect/Design Personnel/Team: 67%
Variation by Player
Owners Construction Firms
Key owner departments involved in risk management: Departments with the highest level of involvement:
• Project Manager/Project Team Management: 91% • Project Management (100%)
• Engineering Personnel/Team: 82% • Vice President/Division Head (100%)
• Director or Other Senior Management: 73% • C-Level (92%)
• Architect/Design Personnel/Team: 73% • Director or Other Senior Management (92%)
• Estimating Team (92%)
Project managers and firm leadership are the two Players with High Influence on
biggest influencers for investment in risk mitigation for
Firm’s Risk Mitigation Investment
(By Percentage of Respondents Who Find Them Influential)
respondents at their firms—both selected by 80% as
Source: McGraw-Hill Construction, 2011
highly influential. Project managers have final responsi-
bility for prioritizing risk management in their individual Project Manager
projects, while firm leadership determines the overall 80%
investment firms are willing to make in mitigation.
Firm Leadership (CEO, CFO, etc.)
80%
Variation by Player
Owner/Client
A/E Firms: Owner/clients are critical influencers for A/E
■■
71%
firms in particular (selected by 83%).
Design Team
Contractors: The greatest influence by far is firm lead-
■■
57%
ership (92%), while owners/clients are less critical
(58%). This is consistent with the fact that contractors General Contractor
look inward for leadership on risk mitigation. 35%
Third-Party Consultants
Owners: A larger percentage of owners are influenced
■■
S
ignificant project com- build universal spaces and grid days, Noonan says.
plexities coupled with the structures that allow for different “Underwriters seem to clearly
ever-changing programmatic sets of procedures.” prefer when the general contractor or
requirements of the indus- For contractors, health care construction manager is the sponsor,
try cause health care facilities to rank projects present a variety of because they have day-to-day
among the most difficult building challenges. Beyond standard control of the project,” he says.
types to construct from a risk man- MEP systems, hospitals typically
agement perspective. house a broader range of systems, Joint Ventures
such as gas lines and additional IT In recent years, many health care
Programming and infrastructure. All of these need to megaprojects requiring joint
Construction Challenges be tightly coordinated within ventures have broken ground
Delivering a state-of-the-art facility is available space. around the country. “That can
a highly dynamic process. The health Additionally, existing and neigh- add some complexity,” Beck
care industry steadily introduces new boring facilities are a concern, says says. “You’ve got to have clear
technologies and treatments that can Bill Noonan, vice president of risk partnering sessions to determine
change a hospital’s programmatic management at Structure Tone. roles and responsibilities,” he says.
requirements. A major hospital proj- “In health care, you’re dealing with “The risk resides in the quality of
ect can take three to five years from a project that is typically in, around communication and role clarity.”
planning to completion, during which or next to an occupied building,” he
time owner demands may change to says. “Projects may be in or around Mitigation Strategies
ensure that the latest technologies buildings that house people whose In light of the recession, program
are installed. immunity levels are lower. The stan- managers like Navigant keep a close
“Integration of technology in dard of care has to be at an extremely eye on financials, Campobasso
health care is the most challenging high level.” says. “You need to be vigilant about
risk to manage,” says Christopher cash-flow-troubled suppliers and
Beck, vice president of risk Insurance Programs subcontractors,” he says. “These
management at Turner Construction. To help manage risk, consolidated days, you need to sharpen your
“On a multiyear project, the most wrap-up insurance programs are reporting and processes to avoid
important thing is staying in tune often used. It is not uncommon to unnecessary risk.”
with the client to deliver the facility see owner-controlled insurance pro- The move toward modularization
they need at the delivery date. The grams (OCIPs) on health care proj- (see MHC’s Prefabrication and
facility they thought they needed in ects, particularly among large Modularization SmartMarket
the beginning may not be the one owners with in-house design and Report) also helps project teams
they want at the end.” construction staff. address risk, Beck says. Building
For owners, mitigating those risks “Really sophisticated owners elements, such as bathrooms,
requires proper budgeting at the understand the risks,” says Ed Little- can be built as modular units in a
front end of the project coupled with ton, vice president of risk manage- controlled environment, which, he
a design that allows for flexibility, ment at Balfour Beatty Construction. says, improves safety, accelerates
says Fred Campobasso, managing “It’s typically not a one-off situation schedules, provides uniformity and
director of the health care real estate for them. We feel comfortable with reduces product damage.
practice at Navigant Consulting. an OCIP in that situation.” “Modular construction lowers
“Budgets are very sensitive, However, some owners and insur- the risk profile from a construction
but you have to balance that with ers appear to favor contractor-con- defect and safety standpoint,”
flexibility,” he says. “You need to trolled insurance programs these he says. n
W
ith the recession still someone who has been successful in changing dynamics of areas with a
reducing construction that market.” lot of unrest.”
opportunities in the The key to doing business in this
U.S., companies DO YOUR DUE DILIGENCE region, according to Debs, is forming
are seeking opportunities abroad. It is critical to understand the busi- good relationships. “Frequently,
Five experts on global construction ness customs and requirements of relationships determine how
risk reveal some best practices for the region you are in. Pierson says, [contracts] are enforced and how the
working internationally, as well as “Every time I’ve seen a company project will be implemented, so you
insights into a few specific regions. be unsuccessful in a new region, it need to focus on long-standing and
The five experts interviewed is generally because they didn’t do deep relationships.”
included George Pierson, CEO at nearly enough homework to under-
Parsons Brinckerhoff; Mike Kirchner, stand how business is done locally.” China
deputy director of risk management, Pollard points out that it is also As with the Middle East, Pierson
and Jody Debs, enterprise risk essential to understand everyone emphasizes the critical nature of
manager, at CH2M Hill; and Nicholas you do business with—clients, establishing long-term relationships
Pollard, COO EMEA & AsiaPac, suppliers, partners and funders. in China. He states, “Often, you need
and Michael Stokes, managing to attempt to work together several
director MENA region, at the global Middle East/North Africa times before you actually do, in order
construction practice at Navigant The credit crunch is a major risk in to build the level of understanding
Consulting. this region. Stokes says, “There are and trust that can cross cultures.”
still many of examples of projects The other critical issue in China
Best Practices for stopping halfway along when clients is avoiding corruption. According
Managing Risk When realize that a project is no longer to Pierson, “China is one of those
Working Abroad viable, or has run out of cash.” Debs countries where one has to be
NO BUSINESS AS USUAL and Stokes also caution that there quite careful about how one
Pollard states that firms must may not be good avenues for dispute conducts business to make sure
accept that, “if you just do things as resolution if a firm ceases to be paid. it is consistent with your own culture
normal, you won’t succeed.” Pierson Stokes points out that culturally, and ethics code.”
cautions, “People underestimate a lack of transparency in business
the different systems, the different affairs is common, making due Europe
problems that they may encounter in diligence challenging in this region. As with the Middle East, the
a [new] jurisdiction.” He adds, “The The Arab Spring has also created economy and the stability of work are
worst mistake a company can make unique challenges. Debs points out the largest issues currently in Europe.
is to go to a new region and try to that this is an issue both for the safety Pollard points out that, given the
impose its [home] country’s business of a firm’s employees and for “the problems with the euro zone, there is
practices straight across.” status of your contracts.” Contracts “little appetite for investment.”
in this region are typically with a However, he states, there are also
FIND A GOOD LOCAL PARTNER government, so active projects may “odd glimmers of light where people
All consider a good local suddenly face a new government are spending money,” such as the
partner essential to conducting “that might not have the stability, London Underground. However,
international business. Debs even the systems or the processes that intense competition for work leads
recommends going into a region as the former government had.” For to greater risk because, “in desperate
a subcontractor for the first time, “so Debs, the situation warrants paying times, people resort to desperate
you can have a chance to learn with attention “on a daily basis to the measures.” n
on construction projects reduces risk. Integrated teams Source: McGraw-Hill Construction, 2011
disputes and litigation, ensure the vision for the project is sustained
throughout, tackle challenges on large, complex projects, and
achieve project completion on schedule and on budget.
C
oncerns about productivity Formal IPD Contracts SHANGHAI TOWER, CHINA
increases and cost savings, Despite these benefits, some indus- The project featured a complicated
as well as the desire try professionals think participants dual façade. Because the consul-
to improving building in this process are inadequately pro- tants and curtain wall manufac-
performance, have encouraged tected from risk. Traditional con- turers were engaged early in the
project teams to take an integrated tracts typically assign specific risks to process, the façade became less
approach to design and construction. specific parties, assuming an adver- costly and quicker to build than orig-
sarial relationship among the team inally estimated. The design team
Adopting an Integrated members, and insurance compa- also reported that their sustainability
Design Process nies underwrite the risks taken on by and performance goals were easier
It is critical to engage key disciplines firms based on those assignments. to achieve because they engaged the
and stakeholders as early as possible In order to reconceptualize the engineers and contractors early in
in the project’s lifecycle to reap the shared risk of integrated design, in the process.
benefits of a collaborative approach. 2010 the American Institute of Archi-
PALOMAR MEDICAL CENTER
Early participation allows the tects (AIA) and ConsensusDOCS
WEST, ESCONDIDO, CA
project to benefit from the expertise introduced model Integrated Project
The project team considered the
of the entire team when creating Delivery (IPD) contracts. An evalu-
BIM-enhanced integrated design
the initial design. More importantly, ation of these documents in Archi-
process a green design process.
successful collaboration results in tectural Record magazine raises
They emphasized the importance
the team sharing the same vision questions about how well the doc-
of getting buy-in from the entire
and definition for the success of uments protect the participants
team on the sustainability goals.
the project, from cost and schedule against potential claims. The article
In addition, input from the steel
achievements to sustainability goals. also questions the protection of intel-
subcontractor substantially changed
Collaboration is most effective lectual property rights under these
a key design element, a long-span
when the participants prioritize what agreements and points out the chal-
green roof with a rolling design,
is in the best interest of the project lenges of finding insurance without a
which saved time, money and
as a whole rather than what is in traditional contract.
raw materials.
the best interest of their individual Adoption of these documents has
firms. Some industry players report been limited, even on projects taking TEXAS HEALTH HARRIS
that convincing firms new to an a collaborative approach. Precedents METHODIST ALLIANCE
integrated approach to adopt this in the courts will be needed before HOSPITAL, FORT WORTH, TX
mind-set is their biggest challenge. the effectiveness of IPD contracts can An integrated approach allowed
Because the risks of the project are be fully understood. the project team to explore time-
seen as risk shared by the team as a and money-saving opportunities,
whole, most successful integrated Success Stories such as the use of prefabrication.
design teams experience far fewer Case studies from previous Metrics tracked by the owner, Texas
formal disputes than traditional McGraw-Hill Construction Smart- Health Resources, demonstrated
project teams. Market Reports demonstrate the that using an integrated team led to
benefits of adopting an integrated “more value, quicker work and fewer
design process. change orders.” n
1
Novitski, B.J. “IPD Contracts: Ready for Prime Time?” Architectural Record. 1 October 2010. p. 49.
T
he new World Trade Center
Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability
ti
n
co
“Until the interests of the public enti- sharing specific, detailed logistical for an e-mail reply or the next meet-
Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability
ties are aligned with the interests of risks, even years ahead of actual con- ing. This seemingly simple solution
the private entities so that they both struction, was essential to garner the helped them “get around the logis-
have the same priorities for schedule, necessary support of the other stake- tics of the design phase” and make
budget and concept of the project, holders. For example, a delay in the prompt decisions. n
there will be conflict, and it will hurt subway line would affect the comple-
the project.” tion of the office buildings by impact-
Project Facts
st
The challenge of aligning the inter- ing the utilities, the electrical service,
and Figures
at
s
ests of the Port Authority, an agency the emergency evacuation routes
funded by two different states with and even traffic in and around the Owner/Developer
World Trade Center
their own agendas, the MTA, the site. “[Frequent risk reviews] opened Properties LLC (Affiliate of
Memorial Foundation and Silver- everyone’s eyes to say, ‘Wow, that Silverstein Properties)
stein Properties was further compli- really is going to be a problem’ and
Architect
cated by changes in leadership at the allowed them to circumvent poten- 2 WTC: Foster + Partners (UK)
public agencies through the course tial delays before they occurred,” 3 WTC: Rogers Stirk Harbour +
of the project. According to Worsley, according to Tortorello. Worsley Partners (UK)
“Through the course of the last six or points out that the coordination was 4 WTC: Maki and Associates
seven years, we’ve gone through four detailed enough to “make sure a con- (Japan)
governors in each state of New York crete truck can make it through the General Contractor
and New Jersey. [The] fifth executive Brooklyn Battery Tunnel and to the 2 WTC: Turner Construction
director of the Port Authority is about job site in the allotted time, [which 3 & 4 WTC: Tishman
to be appointed, and the people even] involved the New York Police Construction
[associated with the leadership Department to make sure there were Risk Consultant
changes] cause some discontinuity in no unnecessary traffic issues.” Navigant
the decision-making process.”
Attorney Representing
Coordinating the Silverstein Properties
Risk Mitigation Project Team Pepper Hamilton LLP
through Stakeholder In addition to coordinating with Wachtell, Lipton, Rosen & Katz
Coordination their public-sector partners, Wors-
Project Schedule
For Tortorello, “the most important ley also credits the coordination
2 WTC: Building’s superstructure
part [of coordinating the stakehold- of the project teams for minimiz- began June 2010—Completion
ers] was to develop a communi- ing risks and improving efficiency contingent on securing tenants
cations channel that would allow on the three office towers. Because 3 WTC: Foundation reaches
real-time information to get to the dif- of the infrastructure component, he ground level December 2011—
ferent stakeholders.” To accomplish observes, “The design coordina- Building opens end of 2014/
this, a task force was created to per- tion on a technical level was incred- early 2015
form risk reviews. After the second ibly complex.” In response to that, 4 WTC: Steel tops out Spring
2012—Building opens Fall 2013
arbitration, these reviews were con- Silverstein created a design studio
ducted semi-annually rather than floor in their offices at 7 World Trade Stories
sporadically. Center that housed all the architects 2 WTC: 88
Tortorello explains that stakehold- and engineers on the project. Wors- 3 WTC: 80
ers were each asked to identify the ley explains the benefits: “Having 4 WTC: 72
critical risks for their projects. Those everybody work in the same room Square Feet
risks were then combined “to deter- was a huge benefit to mitigating the 2 WTC: 2.8 million (rentable)
mine where the biggest risks are risk of design miscoordination and 3 WTC: 2.5 million
going to be in the total program con- schedule slip.” Questions could be 4 WTC: 2.3 million (rentable)
struction.” They discovered that answered directly, without waiting
construction are identified as causes of disputes far Source: McGraw-Hill Construction, 2011
Variation by Player
Owners Construction Firms
In addition to changes in scope of work, more owners The largest percentage of contractors feel that sched-
(50%) find changes to schedules to be a common cause ule and time issues are the biggest causes of disputes,
of disputes. Schedule changes can have serious politi- but far fewer construction firms (33%) select changes
cal and/or business repercussions for owners. (For more in scope of work comparedGRI_Q7c
to A/E firms and owners.
information, see page 8.) For contractors, delays in schedules can result in costly
penalties, but changes in the scope of work are more
A/E Firms likely to result in change orders—a potential source of
The highest percentage of A/E firms (88%) find changes profit for these players.
in scope of work to be a common cause of disputes. 50% No contractors find payments a source of claims and
also find technical issues related to design or engineering disputes. The most likely reason for this is that infrastruc-
another frequent factor in disputes. Since these factors ture work is largely publicly funded, and up to this point,
most directly relate to the A/E firms’ involvement in infra- construction firms in this sector have not suffered from
structure projects, it is logical that they would be the most the risks of default faced by firms that do more commer-
prominent for these firms. cial construction.
settling claims and disputes, reported by nearly all of Source: McGraw-Hill Construction, 2011
Variation by Player
Owners
Other than negotiation, owners are most likely to
engage in mediation (50%). They are the player least
likely to use arbitration and litigation. In fact, the
percentage of owners who select litigation (25%) is less GRI_Q7d
than half that of A/E firms (50%) or contractors (67%).
A/E Firms
More A/E respondents report engaging in arbitra-
tion (62%) and mediation (62%) as compared to other
players. However, their use of litigation is also relatively
high (50%).
Construction Firms
A higher percentage of construction firms (67%) report
engaging in litigation, while a smaller percentage
report engaging in mediation (33%) as compared to
other players.
Trends in Insurance
The tough economic climate in the construction market has many
construction firms rethinking risk profiles, recalculating insurance
Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability
T
he troubled economy says those concerns are echoed Douglas Rieder, president of Ster-
is the common thread by sureties. “Surety companies for ling Risk Advisors, says that sureties
that runs through all subcontractors are telling us that are concerned about the grow-
insurance requirements [2012] is critical for subcontractor ing trend among subcontractors
today, according to Paul Becker, prequalification and making sure that to travel into new areas to pursue
construction practice leader at Willis, you have the right subs on the right work. “It’s fraught with increased
North America. “There are huge job,” he says. “Subcontractors risk,” he says. “There are a lot of
pressures on costs and keeping all have tried to make it through the unknowns when you travel, such as
expenses down, so that companies last few years, and we’re not through regulatory issues, licensing, taxes
can sustain themselves until work the worst.” and legal issues. Sureties really fret
comes back again,” he says. “Some In light of this, the insurance about this in times like these.”
clients aren’t buying as much industry has expanded its offerings
insurance as they did in the past, for subcontractor default insurance. Subcontractors Guard
meaning the limits of liability they Zurich was the first major carrier against False Workers’
can buy in certain lines of coverage to provide subcontractor default Compensation Claims
like general liability, professional insurance. In September 2011, XL At the subcontractor level, compa-
liability and pollution liability.” Insurance began offering Construct- nies are keeping a close watch on
Becker says that in lean economic Assure, a type of subcontractor employees, reports Rieder. When
times, companies are looking to default coverage to protect general the economy is down, Rieder says,
better align limits with their current contractors from financial losses that companies are instinctively more
assets. “People question whether may result when their subcontractors vigilant about questionable workers’
they need the same amount of insur- fail to perform contracted services. compensation claims.
ance as when revenue was higher.” To protect against default, many “If employees don’t see another
Meanwhile, carriers are review- contractors are demanding greater job on the horizon and they sense
ing claims with increased scrutiny, transparency from subcontractors. that layoffs are coming, [contrac-
Becker says. “The construction busi- Christopher Beck, vice president of tors] worry that employees will
ness is down, but our claims depart- risk management at Turner Construc- suddenly have a claim,” he says.
ment is as busy as ever,” he says. tion, says Turner has used subcon- “We see people looking to protect
tractor default insurance for about 10 themselves.”
Insuring against years but is not relying on that as a Among other techniques to
Subcontractor Default safeguard. Turner is heavily focused reduce claims, Rieder says, some
In such an environment, many on financial and portfolio reviews of companies require signed “end of
contractors are keeping closer watch its subcontractors, looking closely at week” statements from employ-
on subcontractors and other partners their past, current and future jobs. ees. When employees collect their
to better manage risk. With many “People are taking on more risk to paychecks on a Friday, they could
specialty contractors scrambling put work on their balance sheets,” be asked to sign a document stating
for work and profit margins getting he says. “We’re asking our subcon- that they were not injured that week
squeezed in a competitive market, tractors for quarterly balance sheet and didn’t witness an unreported
construction firms are concerned reviews now, whereas previously, it accident. “It helps deter reporting
about the financial stability of their had been a yearly process,” he adds. injuries that happen over the week-
subcontractors. “We want to see the current forecast end [when employees are off the
Bill Noonan, vice president of risk balance sheet [on new projects] at clock] as work-related injuries on
management at Structure Tone, the time of award.” Monday,” he says. n
A
lthough still dubbed equipment for a project to avoid a “The frequency of claims is lower
an alternative delivery markup from the design-builder. with design-build,” he says. “The
system, design-build “They might offer to furnish the typical errors and omissions are
procurement has become equipment and have [the design- absorbed by the team.”
more commonplace in recent years. builder] install it,” he says. “Some- Still, claims can happen. Quatman
times in those situations, they ask notes that, while teams often work
Risk Transfer [the design-builder] to warrant that through minor issues, major issues
While design-bid-build places equipment’s performance. That’s can lead to disputes. As a result,
owners between designers and where the design-build contractor claims on design-build projects tend
builders, design-build allows has to perk up and say, ‘We’ll install to be more severe, he says.
owners to transfer risk to the design- it, but you bought it, and you have to
builder and create single-point go to the vendor and get them to war- Insurance
accountability. Proponents believe rant this.’ It’s a risk design-builders Along with assuming new risk,
that one of the greatest advantages have to be careful of.” design-builders have to be
of design-build is the potential to Parkinson notes that while more aware of possible gaps in
more effectively place risk with the owners can transfer risks to the coverage. Quatman notes that most
party who can best manage that risk. design-builder, not all risks should general contractors do not carry
Although the single-point account- be transferred. For example, an professional liability insurance,
ability concept represents design- owner could try to transfer risks but under a design-build contract
build in its purest form, it is not related to site conditions. “It might where they are the lead, that
necessarily the norm. While some be an unmanageable risk, but that contractor assumes responsibility
owners like the transfer of risk, they doesn’t mean it should be shifted to for design issues.
may not be comfortable with the per- the design-builder,” she says. “The Likewise, if an A/E firm takes the
ceived loss of control that goes with owner owns the site, so it is in the lead on a design-build contract,
design-build, says Robynne Thax- best position to manage that risk.” the firm needs to make sure
ton Parkinson, a Seattle-based con- While significant risk does get insurance is in place to cover any
struction lawyer and member of the shifted away from the owner in possible construction defects,
Design-Build Institute of America’s design-build, Parkinson says, teams Quatman says.
national board of directors. “They need to remember that risk still While it is fairly common for
want to have their cake and eat it needs to be put with the party that owners to ask to be an additional
too,” she says. “They want to shift can best manage it. “The primary insured on a contractor’s insurance
the risk but maintain control.” objective should be to get a project policy, Quatman says, professional
For example, an owner might delivered on time and on budget,” liability policies do not permit
provide prescriptive specifications she says. “Putting the project interest additional insureds.
or a preliminary design. That design first means creating balanced risk Surety bonds are an issue
would need to be bridged to the that benefits everyone.” as well. “A surety bonds the
design-build team, but the owner contractor’s performance, but
would retain responsibility for that Disputes and Claims [the surety] doesn’t see itself as a
information, says William Quatman, In the risk arena, the benefits are professional liability insurer,” he
general counsel and vice president evidenced by claims activity, says. “Some state legislatures
of Burns & McDonnell Engineering in Quatman says. If the design-build have come out with statutes saying
Kansas City, MO. team is properly integrated, changes that on a design-build project,
The same holds true, Quatman can be handled smoothly, resulting in the surety bond does not cover
says, when owners ask to provide less conflict. design services.” n
H
igh-performance build- through the certification process, the To help address this, AGC’s Consen-
ings often carry high expectations may be less clear-cut. susDOCS Green Building Addendum
expectations. Owners “At that point, it’s up to the archi- recommends assigning a “green build-
may construct green tect and the consultants to work with ing facilitator.” The facilitator would
buildings to reduce utility costs, the owner to decide what ‘high-per- take the lead on coordinating efforts
create better work environments, formance’ means,” Cobleigh says. among all parties to ensure that the
develop more desirable tenant “What baseline would the project be owner’s goals are met.
spaces, garner tax incentives or compared to?”
comply with government mandates. Approach Certification
In order to manage the risks asso- Agree on a Plan Wisely
ciated with such goals, owners, The team also needs to be sure that One of the most critical risks that
architects, engineers and contractors the owner understands the design must be managed on a green project
need to outline specific project objec- assumptions. is the potential that it won’t achieve
tives, agree on a plan, and approach “If the building is designed to certification. Although this could be
certification wisely. allow for fluctuations in humidity or an owner’s main goal, AIA advises
temperature, it’s important that the that architects and contractors
Outline Specific Project owner understands that they will should never warrant or guarantee
Objectives have to operate the building within that a certification will be achieved.
“There should be a heightened those parameters,” Cobleigh says. However, he adds, nothing
awareness of the fact that everyone “They can’t have someone come in absolves the architect or contrac-
needs to have discussions about and adjust the systems to maintain a tor from negligence or poor perfor-
expectations, roles and relationships constant humidity and temperature.” mance. “If the contractor performed
because this is all so new,” says Cobleigh suggests establishing defective work, they aren’t absolved
Ken Cobleigh, managing director benchmarks that all parties can agree from liability,” he says. “If the archi-
and counsel for the American on to determine a building’s perfor- tect breached the standard of care
Institute of Architects’ (AIA) mance. In this case, an owner may and, as a result of that negligence, the
contract documents. need to keep detailed maintenance certification fails, nothing absolves
AIA recently released its Guide and operations records, he adds. the architect.”
for Sustainable Projects, which Brian Perlberg, senior counsel of The certification process also pres-
includes documents to “address construction law and contracts at ents risks. By choosing certain certi-
the unique roles, risks and the Associated General Contrac- fication authorities, parties may have
opportunities encountered tors of America (AGC), maintains to enter into agreements required
on sustainable [projects].” that achieving high performance in a by those authorities. All parties need
The first step to managing risk in building often hinges on the interde- to be aware of these agreements,
sustainability is making sure all par- pendence of team members. Cobleigh notes.
ties understand the expectations, “What’s unusual about green Cobleigh says that there are some
Cobleigh says. If the goal is to have buildings is that there are hybrid subjective elements of review by
a project certified as green by a third responsibilities associated with these certifying authorities. “Once
party, the objective is clear as long as them,” he says. “Sometimes it’s the you introduce subjectivity, you intro-
all parties understand the steps nec- designer; sometimes it’s the con- duce risk,” he adds. “To address that
essary to achieve that certification. tractor; sometimes it’s a product element of risk, everyone needs to
However, if a developer wants a high- manufacturer; sometimes it’s a com- understand that there is some level
performance building without going bination of those.” of subjectivity.” n
Infrastructure Risk 12 general contracting/construction the energy sector was carried out
Mitigation of Risk in Construction: Strategies for Reducing Risk and Maximizing Profitability
51%-75% Text
26%-50%
Architect/
Numbers Meth_S2 Project Manager
1%-25%Engineering Firm 32% 34% Director or Other 23%
29%
Senior Management
General Contracting/
Construction Management Firm Vice President/ 6%
D1 D2 D3 D4 D5 Head of Division
blue orange lit yellow green lit grey
Owner/Infrastructure Firm
34% C-Level (CEO, President,
Principal, Other C-level) 20% 23%
Other
C1 C2 C3 C4
grey purple lit yellow lit orange
Acknowledgements:
The authors wish to thank our premier research partners Navigant Consult-
ing Inc. and Pepper Hamilton LLP for helping us bring this information to the
McGraw-Hill Construction market. Specifically, we would like to thank Jim Zack, Shannon Prown, Andrew
Main Website : construction.com Bosman, Fred Campobasso and Dave Tortorello at Navigant Consulting; and
Research & Analytics: Bruce Ficken and Bill McCusker at Pepper Hamilton.
construction.com/market_research
analyticsstore.construction.com We would also like to thank the Construction Users Roundtable (CURT) and the
Engineering News-Record : enr.com Construction Owners Association of America (COAA) who helped us dissem-
Achitectural Record: archrecord.com inate the survey to their members. We also thank Robert Prieto at Fluor for
GreenSource: greensourcemag.com his insights. Additional thanks to all those who were willing to be interviewed
Sweets: sweets.com for this report, including Ed Littleton, Balfour Beatty Construction; Robynne
Thaxton Parkinson, Design-Build Institute of America; William Quatman,
Burns & McDonnell Engineering; George Pierson, Parsons Brinckerhoff; Mike
Kirchner and Jody Debs, CH2M Hill; Nicholas Pollard and Michael Stokes, Navi-
gant Consulting Inc.; Christopher Beck, Turner Construction; Paul Becker,
Willis North America; Bill Noonan, Structure Tone; Douglas Rieder, Sterling
Risk Advisors; Billy Miller, Zurich; Gary Amsinger, McCarthy Building; Scott
Trethewey, Moss & Assocs.; Ken Cobleigh, AIA; and Brian Perlberg, AGC.
Finally, we thank the firms that provided information about their projects and
experiences with risk mitigation as well as for their assistance in helping us
secure images to supplement their project information.
SmartMarket Report
www.construction.com
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