Construction Claims Management for Contractors (Part 1 of 4)

Here are some fundamentals of claims management for contractors (and subcontractors) -

  1. Your claim must be credible.  It must be based on facts!
  2. Focus on the big issues.
  3. Don’t make it personal.  That will only detract from your objective.
  4. Ensure that settlement discussions are without prejudice, i.e., without any loss or waiver of rights or privileges.
  5. Show entitlements with substantive back-up: reports, files, meeting minutes, etc.
  6. Demonstrate how the critical path was disrupted.
  7. Show how additional scope, cost and time was imposed incrementally.  If applicable, show how schedule compression was constructive in nature.
  8. Present facts supporting how hardships were imposed on you by the Owner or its agents.
  9. Understand the contract provisions with regards to assertion of claims, disputes resolution and termination language.
  10. Maintain accurate and timely project accounting data.
  11. Hire an excellent construction attorney!
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Construction Management Alignment Issues (Part 1 of 4)

Over the past forty years, the construction industry has witnessed the evolution of the construction management (CM) delivery methodology.   Today, when we speak generically about CMs, we usually refer to CM-At Risk, which is different that CM-As Agent.  The latter refers to an entity, which acts as an advisor to the Owner but does not directly manage the construction process.  The former, or more familiar role, is CM-At Risk, in which the CM actively and directly manages the construction process and provides certain financial guarantees with respect to the project execution and completion.

We are painfully aware of the lack of alignment that often occurs between the interests of the Owner, the Architect and the CM.  The CM engages directly with subcontractors, vendors and the construction supply chain.  The Owner depends upon the CM to deliver a specific set of services, within a specific set of cost and schedule targets, and with certain contingencies and defined shared cost savings.  The CM is tasked with the management subcontractors and vendors, which it must work with repeatedly.  To remain effective, CMs must forge and maintain good working relationships with its supply chain.  There is an inherent conflict between the CM’s clear obligation to the Owner and its less clear interest in maintaining ties with its supply chain.

What can the industry do to mitigate conflicts and ensure greater alignment of interests between the Owner, the Architect and the CM?  How can Owners leverage the CM’s relationships to reduce risk and cost on its projects?  What steps can Owners take to ensure that the change management process is handled as diligently as possible?

This summer, we will explore potential solutions to the aforementioned problems.  We will also identify ways to mitigate potential disconnects and lack of alignment between the key members of project teams.  We look forward to your feedback and recommendations.

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Infrastructure Estimating Pitfall > The Electrical Subcontract Price

One of major pitfalls of general contractor (GC) estimating on infrastructure projects is getting the right numbers from the electrical bidders.  Electrical trades comprise a significant portion of the contract value on large fixed-price infrastructure projects.  GC’s are faced with the perilous task of taking prices from electrical subcontractors and electrical vendors.  The complexity of this task is significant and its impact on bid outcomes is huge.   Hard bid infrastructure projects are neither easy to bid nor easy to execute.  Getting the right electrical numbers is critical to submitting an overall bid which is realistic, competitive and which represents costs that can be achieved – and that yield an acceptable profit for the risks incurred.

As a GC, if you are only relying on numbers from the electrical bidders, then you risk becoming a price taker.  This can be  dangerous on a large trade line item because the GC is assuming that the prices taken are competitive and reliable.  Experienced GCs develop methods to validate electrical pricing in house, and do not rely solely on pricing submitted from subcontractors.  These methods vary in their scope and complexity. We will explore these methods and speak directly with successful GC to get their views on this important matter.

In today’s brutally competitive construction market, GCs need to understand that there is a difference between what things “cost” and what they “should cost”.

 

 

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The “Silo” Effect in Large Project-Based Organizations

Delivering large and complex projects in accordance with contract requirements while meeting client expectations is difficult enough.  There is an added burden within large organizations that have not fully integrated project management into their fabric.  These organizations, particularly government agencies, are prone to the “Silo” Effect.  By this I mean that the core of the organization’s business (the delivery of large, complex and mission-critical projects) is either understood by too few people or there is an organization-wide disconnect between the project management and the finance & administration groups.  I have found this to also be common in large organizations in large private sector firms, but to a lesser extent than in the government sector.    Although these organizations focus on project delivery, they may not have managed to spread project management understanding throughout their functional groups.  This results in several significant and potentially costly problems:

  1.  Lack of alignment between administration and project management whereby financial staffers do not understand the drivers of successful projects.  They see project management as a mysterious “black-box” that they feed money into, but that they do not understand.  They lack the awareness needed to effectively question, challenge, monitor and comprehend the reports generated by the PM group.  They understand the business case and the financial expectations for the project, but do not know how to measure project status and cannot relate to the performance metrics (such as earned value and critical path scheduling) reported by the project managers.
  2. To make matters worse, their lack of understanding puts them at a disadvantage when interacting with the company PMO (project management office) and project teams.
  3. Failure to see the early warning signs of project problems and inability to react to these signs.
  4. Lack of context in reading project reports.   They lack the know-how and experience to question project leaders and adjust forecasts.  This can lead to indecision and poor decision-making related to the funding of scope changes, claims and subsequent phases.
  5. Risk assessments that do not properly account for the total extent of project risks.
  6. Inability to implement company-wide project portfolio management reporting, strategy and decision-making.

The resolution to the “Silo” Effect involves a commitment by senior management to aligning the culture of the organization.  This entails the prioritization of project management training across functional groups.  Within construction companies, employees with insufficient experience in project management should be exposed to the core business of construction management and contracts management.  They can then become more conversant with the concepts of project management.  In larger organizations, training can be supplemented by rotational training and cross-pollination so that financial and administrative professionals get acquainted with project management and with the levers that drive successful projects.

 

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Fierce Competition

The competition for construction work is fierce in the U.S. Existing business development paradigms for CMs and GCs simply do not work.

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Rebuilding our Infrastructure!

To the future civil engineers of America! You will rebuild our infrastructure, and rekindle the spirit of building in our national fabric.

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Tobago Hotel & Resort Development

PLG is pleased to announce that it has been engaged as development program manager (and principal) for the Tobago Hotel & Resort Project.  This development has been in the planning and financing stage for the past twelve months and is on schedule to kick-off construction this summer.  The Owner is New York based Project Strategix, Inc., a visionary builder, financier and developer of hotel, residential and infrastructure projects throughout the U.S. and in the Caribbean.
The Tobago Hotel & Resort is slated to be an iconic $100 Million development on the pristine west coast of Tobago.  Planned amenities include a five-star hotel, spa, marina and luxury residential units.  Design development will encompass best practices in energy conservation, efficiency and green building technologies.
We are excited to be part of this innovative project, which we believe will a game changer for the island of Tobago.
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PLG provides program consulting, strategic risk and financial advisory services to private-equity investors, developers and corporations. Services span commercial office, high-end residential, hotels and infrastructure. Services include due diligence, risk, feasibility, cost estimating, budgeting, claims and litigation support

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Construction Scheduling Software > Factors to Consider

Remember that construction scheduling software is a tool and it has a purpose:  to provide relevant and timely information about the status of a project, in order to drive decision-making in a dynamic format that can be shared and communicated effectively.

When implementing a construction software tool, the objectives of the organization are to enable the following -

  • Creation of task-level activities with durations, start dates, finish dates and dependencies.
  • Linking of activities via several different logical relationships: finish-to-start, start-to-start, finish-to-finish, and start-to-finish.  These are often augmented with forced lags.
  • Tracking of the critical path, which is the series of activities that cannot be prolonged without affecting the overall schedule.
  • Comparison of baseline schedule with current status, usually via an overlay.
  • Calculation of float, resource leveling, and cost distribution.
  • Tracking of earned value metrics and integration with project accounting systems.
  • Ability to access information in a mobile platform (on smart phones).
  • Tailored reports which include views of interest to users (such as Project Managers and Planners).
  • A scheduling platform that is flexible, scalable and reliable.

Risks which management must consider and evaluate before committing resources to implementation of scheduling software:

  • Possibility that program will not be fully utilized.
  • User resistance due to insufficient training.  This usually results in inefficiencies and erodes the value which management is looking to derive from its investment in the software.
  • User resistance because of reluctance to switch platforms and fear of losing “perceived” expertise.
  • Not providing sufficient training.
  • Not initiating implementation soon enough; i.e., reducing the learning curve time for project teams to fully understand and gain familiarity with the program.
  • Not understanding the bandwidth (and organizational resources) required to use the program effectively.
  • Not establishing one team leader (or program champion) who would cast the final vote on the format of the implementation, and the manner and time frame in which it would be rolled out.
  • Obsolescence.
  • Not realizing that once corporate resources (especially time) are dedicated to a new tool, it is difficult for people to change gears and consider simpler, more effective alternatives.

 

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Less is More in Structured Cabling

Less is More in Structured Cabling

by Patrick Smith, President, SK Cabling Inc.

In today’s IT business environment, whether its virtualization or cloud servers, less is more.  Less space, less power, less management, less expense and more horse power, giving the business user more to work with.

The same principles should apply to Network infrastructure in the office.  There is absolutely no need to over-cable or over-wire workstations with more cable than one or two drops.  Similarly, it is NOT better to install the most expensive Category 6A cable you can get.  That’s a misnomer that most people don’t understand.  The more wire you install, and the more expensive it is, does not mean anything except for more money out of your pocket!

Always go with a reputable cable manufacturer who will provide a warranty.  Also, note that mid- range grades of Category 6 cable installed to the work station, provide more than enough bandwidth to take you to the moon or even Mars.

And when it comes to big data users like TV broadcasters or developers, just add in a good piece of OM3 or OM 4 fiber optic wires to the workstation at a fraction of the price of copper cable and fire away! Don’t let anybody fool you about the cost of fiber switches either; they have come way down in the last few years.

The other big development is IP systems that allow you to use one wired network connection for your work station CPU and telephone; so who needs more expensive wire? You don’t!!

So take my advice business users, less is more when it comes to network cabling, and in the process we can save more of our limited resources.

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On the Waterfront: Redeveloping America’s Flagship

On the Waterfront by Dan McSweeney

Here’s a development effort that will get your creative juices flowing.  It has all of the opportunities inherent in a world-class adaptive, mixed-use project, along with all of the attendant challenges.

My group is working to “Save Our Ship”, literally.  You see, we purchased a vintage ocean liner two years ago and are planning to re-purpose her as a hotel, restaurant, event, and museum complex in a major East Coast city. Because this thousand-foot ship is named the S.S. United States, we feel justified in saying that we are redeveloping America’s National Flagship, which has taken on significant symbolic meaning in our community. When we pull this off, it will be a strong sign that America has lost none of its innovative spirit or passion for big and challenging multi-faceted projects.   For that reason, we see our work as both patriotic and practical. After all, we will create thousands of jobs through this effort, while generating significant tax revenues, monthly lease payments to a metropolitan waterfront district, and over 600,000 square feet of much-needed event, hospitality, entertainment, education, and dining space.

America's Flagship

One of our challenges is that many people have forgotten this great ship.  The S.S. United States was launched in 1952 and broke the east and west-bound transatlantic speed records on her maiden voyage from Pier 86 in New York to Europe.  Over the following 17 years, she enjoyed a legendary service career, transporting four U.S. presidents and countless other heads of state and business, military, diplomatic, religious, and cultural leaders across the Atlantic in comfort and speed.  Just about every major Hollywood celebrity of the era sailed aboard the “Big U”.   But she also carried hundreds of thousands of everyday Americans and immigrants to our shores.  Many people consider the S.S. United States the finest ocean liner ever built.  She was a maritime powerhouse and was also a massive piece of floating sculpture, beautifully designed and crafted.  Appropriately, she carried the Mona Lisa to America at Jackie Kennedy’s request in 1963.

We’ve had positive conversations with developers and government officials about our vision, but there’s no doubt that this will continue to be a challenging endeavor. Thanks to the commitment of our core team members, a diverse network of influential supporters, some savvy outreach and publicity efforts, and massive doses of sweat-equity, we are well-positioned to make our vision a reality.  The three main factors (developer, site, and financing) must come together in just the right way to make this happen.  So, as with all large-scale projects, timing is critical.

Can you imagine this great ship back in service as a stationary attraction? She would become a crown jewel in whatever city is lucky enough to host her: a great national icon and economic and community development engine.  (Speaking of engines, another benefit of the project is our plan to install gas turbine generators in one of the ship’s massive engine rooms. These will provide up to 25 megawatts of hurricane-proof power to a local energy grid.)

In my mind, all of these factors combine to make this project a win-win-win: Preservation, community and economic development, and businesses will all have a major and beneficial stake in the effort.  We know this once-in-a-lifetime opportunity simply must happen.  You can learn more about the project here: www.ssusredevelopment.com and here: www.ssusc.org.  I’d be glad to discuss our vision and would appreciate any initial feedback.

Please watch this short film on our work: http://www.youtube.com/watch?v=wcu7AQYsDco to get a better sense of the ship’s potential.

DAN MCSWEENEY

MANAGING DIRECTOR, SS UNITED STATES REDEVELOPMENT PROJECT, EX OFFICIO BOARD MEMBER

Dan McSweeney is Managing Director of the SS United States Redevelopment Project at Atlantic Logistics Services, caretakers of the SS United States since 2003. Decades ago, his father emigrated from Scotland to work aboard the SS United States. Now, as an operations consultant to the Conservancy, he is spearheading plans to leverage the SS United States’ redevelopment potential. He is the founder of INTERSECT, a New York-based strategic communications and business development consultancy. His previous positions include Associate New York Regional Director at Business Executives for National Security; Executive Coordinator for Counter-terrorism Strategy at the New York City Fire Department and National Program Director at Third Millennium, a “Generation X think tank.” Dan served as an Active Duty Marine officer from 1999 to 2005, both overseas and at the Pentagon and continues to serve in the Marine Corps Reserves.

 

 

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Northeastern U.S > An Increasingly Attractive Real Estate Investment Option for Indians

By Himmat Singh – Management Consultant, RE Investor and PLG Board Advisor / B.S. Finance, George Washington University / MBA, Wharton School, University of Pennsylvania

Background

I have been blessed with a unique perspective and understanding of two distinct cultures and markets.  I was born and raised in India, pursued my higher education in the U.S., and have been able to gain valuable experience in the arenas of investment management and real estate in both the U.S. and India.  This has enabled me to gain insight into the factors which are important to Indian investors, the profile of their investment patterns and the risk / reward expectations which are ingrained into their investment DNA.

Concept

The genesis of my investment platform derives from my recent on-the-ground experience in the Indian real estate market.  While in India, I realized that a whole new segment of people in recent years have created an enormous amount of wealth, a lot of which is liquid.  Most of this wealth has roots in real estate.  This segment of Indians is highly aspirational, savvy and has a global outlook.  They have ambition to own global assets.  They are also, in my opinion, a potentially large (and essentially dormant) investor block for real estate in the U.S.  My business model provides for a robust investment platform for Indians, in India, to buy, sell and manage residential, commercial and investment properties in the U.S., specifically along the northeastern corridor, in Boston, New York, Philadelphia and Washington, D.C.  In addition to bragging rights and rental yields, I believe that Indians would be keen to buy properties in the U.S. to take advantage of unique attributes of the U.S. market:

The best property rights laws in the world / A rock solid base of economic activity / Proven stability of rental markets / Embedded hidden opportunities new development, redevelopment and undervalued assets / Deep-rooted relationships (in the U.S) with developers, construction contractors, real estate brokers, asset managers, banks, equity investors and mezzanine lenders / A team of developers and builders with a proven track-record of successful real estate projects in the northeast.

Market Outlook / Northeastern U.S.

RE investment in India represents an opportunity to diversify asset portfolios while investing in a highly transparent market where relationship between supply and demand are clearly visible and market-driven.  Unlike India, the U.S. offers title insurance and laws which protect property owners from squatters and localized corruption.

Why Indians find the U.S. to be an attractive option:

Risk mitigation  / Very low country risk / Very low political risk / Diversification of economic risk / Diversification of currency risk / A more level playing field / A highly developed and efficient capital market / Transparency / Opportunity to invest in REITs / Less bureaucracy / Faster timeline to development / Better and more predictable construction quality / Higher FAR (FSI) / Clear and enforceable property rights laws / A stable and established rental market / Lower cost of land relative to total development cost / Lower, more predictable inflation / Access to low-cost debt financing / Unrestricted land supply.

New York City

Without question, the center of gravity of real estate in the U.S. (if not the world), is New York City.  It continues to offer the kinds of commercial, residential and redevelopment opportunities that other cities can only dream about.  What makes NYC so different and so attractive is an economic engine which essentially insulates it from the economic vagaries affecting almost all other American cities.  NYC continues to attract foreign immigrants, who have historically been the driving force behind its vibrancy and energy.  Today, NYC is a global city with few peers.   Its continued growth stems from leadership in six different industries: tourism, finance, real estate development, high technology, higher education and media.  NYC is home to world-class technology companies (Google, Bloomberg, and Facebook), top universities (NYU, Columbia, Baruch, Fordham), top financial institutions and top-tier developers.

Washington, D.C.

The nation’s capital continues stand alone as a real estate stalwart.  Like NYC, the Washington, DC real estate market tends to be highly uncorrelated with the rest of the U.S. real estate market. A national center of culture, government, the arts and education, our capital city has been the catalyst for the transformation of the entire region including northern Virginia.  The area has become a technology and telecommunications hub.

Boston

The cradle of the American revolution, Boston is the center of American intellectual thought and home to some of the finest universities and colleges, including Harvard, M.I.T., Tufts and Boston University.  The city retains its old world charm and embraces its historical roots as one of America’s oldest and most beloved cities.  The greater Boston region is a center for high technology start-ups and is a center of culture, music and art.  The city’s vitality is driven by a spirit of independence rooted in its colonial past.

Philadelphia

Philadelphia has found its own identity despite being a neighbor of New York City.  It continues to undergo a revitalization while blending a historical past with its spirit of independence.  As America’s original capital, Philadelphia embraces its history while recognizing the need to adapt to change.  It is home to the University of Pennsylvania and Drexel University.   It sits midway between Washington, DC and Boston along Amtrak’s northeast corridor and is vital to the economic health of the northeast.  Tourism is strong in the greater Philadelphia region.

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New Members of Our Advisory Board

PLG is pleased to announce the following additions to our Advisory Board…

Shyam V. Bhatia / Principal, PLG Consulting

Kristopher Shaw / Principal, Project Strategix

Jeffrey Stern / COO, Green Peak C4

J. Lesly St. Louis / Principal, Wiconnect, Inc.

Himmat Singh / Management Consultant

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