[N SEARCH OF OPTIMAL CONTRACTS IN THE CONSTRUCTION BUILDING INDUSTRY MIT LIBRA4RIES U7 1 by 3 9080~ 00571707 6 AMAURY LOUIS PROUVOST Ingenieur des Arts et Manufactures Ecole Centrale de Paris. France (1987) Submitted to the Sloan School of Management in Partial Fulfillment of the Requirements of the Degree of Master of Science in Management at the Massachusetts Institute of Technology January 1989 Copyright Amaury L. Prouvost All rights reserved 1989 The author hereby grants to MIT permission to reproduce and to distribute copies of this thesis document in whole or in part. Signature of Author Sloan( chool of Management January 15, 1989 Certified by / AN, John E. Parsons Assistant Professor, Finance Thesis Supervisor Accepted by_ Jeffrey A. Barks Asiociate Dean, Master's and Bachelor's Program pAsS- INST. rrc MAY 1 0 1989 ~FA RiF- -2- In Search of Optimal Contracts Industry In the Construction Building by Amaury L. Prouvost Submitted to the Sloan School of Management on January 15, 1989 in Partial Fulfillment of the Requirements of the Degree of Master of Science in Management ABSTRACT In 1985 the Paris Chamber of Commerce and Industry signed a contractual agreement with DUMEZ for the construction of a university near Paris, the Ecole Superieure d'Ingenieurs en The ESIEE project as realized Electrotechnique et Electronique. by DUMEZ was a success, because of an overall well designed contract the expertise and because of Paris Chamber of Commerce of the contractor. The stipulated sum contract had chosen a with a number of penalties for cost overruns and delays. Was this an Indeed, optimal choice? building construction when designing project, financial everlasting question of which contract incentives to include in the a type to choose contract. The for a contract analysts answer face the and which to this question will be a crucial factor in determining the ultimate investment value of the project. It is the author 's contention that the form of the optimal contract depends on specific characteristics of the project as well as parameters defining the owner and contractor's behaviors. An optimal contract will give the contractor a share of the which solves at best the tradeoff between project risks, incentives and their costs. The quality and quantity of design information have been identified as key factors influencing the Precisely, a well designed definition of the best contract. stipulated sum contract will be optimal when the quantity and quality of design information is high, whereas a well designed profit sharing contract will be optimal when this information is poor or average. The thesis applies an effort-probability model to quantify this information parameter and determine the optimal contract for It then compares this optimal design to the the ESIEE project. real contract used by the Paris Chamber of Commerce and brings out the possible tradeoff between optimal and legal incentives. Thesis Supervisor: Professor John E. Parsons Title: Assistant Professor of Finance -3- Acknowledgements I would like to thank John Parsons who helped me to define my thesis topic and provided much guidance in dealing with most challenging issues. I am also very grateful to DUMEZ, which allowed me to use their contracts to illustrate my analysis and moreover financed my studies at the Sloan School. -4- Warning Although the analysis performed in this thesis is based on real contracts, which were used by French professionals of the Construction Building Industry, the reader should be aware of the two following points: - Real figures were not available so that the author had to build a case as conceivable and credible as he could possibly imagine. A few details of the contracts studied were modified for the purpose of the illustration. Therefore. although the theoretical conclusions reached in this study are believed to be correct, it is all the more possible that they would not apply to the case studied, had the real numbers and exact contracts specifications been used. -5Contents p 7 Introduction 2 3 1.1 Problem Definition 1.2 Summary of Results 1.3 An Optimal Contract for the ESIEE Project 1.4 Overview of Study and Argumentation Contracts in the Construction Building Industry 2.1 The ESIEE Project 2.2 The French Legal Framework 2.3 Role of Contracts 2.4 Risks Facing the ESIEE Construction Project 2.5 Contract Types Description 2.6 Contract Types Modelling 2.7 The ESIEE Contract 2.8 An alternative contract for the ESIEE project p 15 p 54 The Bidding Process 3.1 The Bid Format & Factors 3.2 The Owner's Behavior 3.3 The Contractor's Behavior 3.4 The Level of Competition - Auctions Theory in Perspective 3.5 The Quality and Quantity of Design information 3.6 Related Development Risks - Completion Delays 3.7 Construction Risks - Costs Overruns 3.8 Operations Risks 3.9 Incentives and Effort Level 3.10 The Contract Type 3.11 Submitting a Bid Influencing the Bidding Process -6- 4 Optimal contract Determination p 89 4.1 Possible Scenarios for the ESIEE Project 4.2 Optimal Contract Determination - The Process 4.3 Construction Costs and Revenues are Fixed: An Academic Case 4.4 High Level of Design Information: Evaluation of Contracts 4.5 Average Level of Design Information: Evaluation of Contracts 4.6 Information Level & The Optimal Contract Type 4.7 Contract Parameter Determination 4.8 The Trade-off between Optimal and Legal 4.9 Toward Optimal Incentives Incentives Implementation 5 Conclusion p 134 6 Appendices p 135 7 6.1 Appendix # 3.6 - Cash Flows in Case of Delays 6.2 Appendix # 3.10 - The Contract Type 6.3 Appendix # 3.11 - Submitting a bid 6.4 Appendix # 4.3 - Optimal Contracts with no uncertainty 6.5 Appendix # 4.4A - Optimal Contracts 6.6 Appendix # 4.4B - Risk Premiums 6.7 Appendix # 4.5 - Optimal Contracts Bibliography - - Hi Lev of Inf Av Lev of Inf p 204 -7- I Introduction 1.1 Problem Definition: In 1985 the Paris Chamber of Commerce and contractual university agreement near with Paris, DUMEZ The Ecole Electrotechnique et Electronique in for the Industry signed a construction Superieure the Cite of a d'Ingenieurs en Descartes in Marne La Vallee. This contractual process, agreement which involved was the result DUMEZ and several of of a bidding its competitors. The contract bid was fixed by the "Acte d'Engagement" proposed by DUMEZ, which won the bid. Stipulated Sum Contract The Paris Chamber of Commerce chose a for this project, penalties for cost overruns and delays. with a global lump sum of FF with Hence, 34,800,000. clauses fixed the penalties for late a number of works were paid Liquidated damages completion and bonuses for early completion of the project. The ESIEE project as realized by DUMEZ was a success, because of an overall well designed contract and moreover because of the expertise of the contractor. for a construction building financial analysts contract type contract. the designing a contract such as the ESIEE project, everlasting question to choose and which incentives to The answer to this question will be in determining the Indeed face project, When several ultimate major investment problems may value arise of which include in the a crucial factor of from the project. a contractual agreement between the owner of the project and the contractor: -8- Incentives included (i) the contract in 'force' the contractor to complete the enough to may not be job on schedule and within budget; the owner than Additional incentives may be more costly to (ii) the benefits they can be hoped to produce. incentives and their costs to the owner. financial does only Not the the determine contract benefits of between the there is an obvious tradeoff Thus Why is it so? that the payoffs contractor will receive from completing the project, but moreover it risks allocates contractor the between But at which price? budget completion of the project. will and within and ensure on time give incentives to the contractor The risk has to bear. the risks he indeed price owner. contractor allows to Shifting some risks from the owner onto the averse contractor the and the owner risk Because the contractor is usually risk averse and neutral, "it would be best to allocate all risks to the owner, in the bear contractor to be payment retains no agent an requires none of the risk independent of agent considerations. incentives of abscence the outcome. incentive to the considerations." Hazard - 1987). right (John balance or Parsons - thAt gA Thus the agent costly problem then becomes one ot tinding the determines that the agent's But. in perform well. incentive implies giving For the agent Qr the giving the risk. The financial contract which tradeoff between thp tWA Financial Contracting & Moral -9- optimal contract? an Commerce, of so, And if schedule and budget? it push him to be will Commerce what Indeed, the owner? incentives to choose the right work within be contract incentives of cost risks. optimal to the the contract if this case in Only maximize and of these cost the is minimized only properly allocates various types of will the ESIEE create the necessary Does which is necessary to complete the level of effort, Chamber to the contractor incentives to Paris Chamber of as designed by the Is The ESIEE contract, the project investment value. 1.2 Summary of Results: Three main types of contracts are used building industry: the Cost plus Fee Contract (CFC), the Profit Sharing Contract (PSC) its unique Contract (MCFC) or Maximum Cost plus Fee and the Stipulated Sum Contract has the construction in (SSC). characteristics with Each of these contracts respect to allocations of Previous work development related risks and construction risks. demonstrated that: (i) the Cost plus Fee Contract does not create sufficient incentives, from completion Sum often Contract creates enough usually suffer the project will and cost overruns. delays misallocates owner will have so that the Stipulated (ii) incentives to the contractor, but risks between the two parties, to pay a very high price for so that the these incentives. -10- plus Fee the Profit Sharing Contract and the Maximum Cost (iii) risks and allocating in contracts Contract are usually better creating incentives. on depends contract really specific characteristics of parameters defining the owner and design the type information, the owner and factors concerning the for competition the level of end-use, project with of will considered, be the the quality and quantity of costs, construction variability of behaviors. Among contractor's be as as certain well as project, the project to characteristics of such circumstances, various the the optimal that the form of It is the author's contention project. Important contractor the to its respect will be risk preferences, attitudes toward bearing some risk, the contractor's with experience reputation, the projects, similar share the of contractor's in project attention to contractor's the franchises, the maximization function of the owner. This thesis demonstrates that under circumstances which are seldom, optimal contract anymore and the Stipulated better contract. is not an the Profit Sharing Contract not likely to be Sum Contract is a We summarize below the mere conclusions of the thesis: I- The revenues are optimal: fixed, then the final choice other considerations. costs and are that if construction first findings either of type of contracts contract should then could be be based on -11- if construction The second and mere findings are that, 11- costs and revenues are uncertain, then a well designed Stipulated Sun Contract design designed Profit well a whereas high, is information and quality of the quantity will be optimal when Sharing contract will be optimal when this information is poor or contract type not mean that the does this However, average. which is not optimal, does not allow the owner to get substantial from profits contract will contract of bring the higher second profits than a contract of the optimal type could reveal itself designed best the Thus type. best that the optimal it means Rather, the project. poorly designed less profitable than a well designed contract of the second best type. Thus, the third findings are that the optimal contract I1Ishould contract, but itself. A determination also precise of by definition a precise definition contract's the choice by not only determined be of the parameters, of of contract so as the type of the contract means to the design incentives at best. 1.3 An Optimal Contract for the ESIEE Project: The thesis determines these optimal contract designs situation encompassed for the ESIEE project, and study to a similar project for which the quantity and design information would be different. in the extends the quality of -12- the level of design information In the case of our project, is very high, which means that the Stipulated Sum Contract is the optimal contract type. Thus the Paris Chamber of actually chosen the optimal We contract type. have modelled the contracts so Contract is defined by Commerce has a profit that sharing the Profit Sharing factor p, and the liquidated damages factor 8 Stipulated Sum Contract by a and a liquidated damages sum. Our study shows that for this particular example, the best Stipulated Sum Contract is defined by 0 = 0.70, and that the profits to the owner are FF 2,131,692; whereas the best Maximum Cost Plus Fee contract is defined by p= that the profits to the 1,790,143. The Stipulated profit surplus of FF 341,549, which owner are FF Sum Contract is better by a represents 19% more profits. The real ESlEE contract, though of the optimal to profits to the owner of FF 1,198,490. lower than contract, the profits or 44% thus not the best importance of contract: gained with which are FF 2,131,692. FF (933,202) 0.24, and well as we shall see, the best stipulated sum The real ESIEE contract. specifying These profits are much The difference is as high as less profits. designed type, leads This clealry the incentives the ESIEE contract contract is shows the included in the penalizes delays too much and does not reward enough early completion. If we modify our case, in order to get a but with an average level of design information, Sharing Contract becomes optimal. similar project, then the Profit Our study shows that the best Profit Sharing Contract is then defined by p 0.14 and that the -13- profits to the owner are FF The best Stipulated Sum 1,427,605. Contract is also defined by 0 = 0.14 and the profits to the owner are FF The Profit Sharing Contract is better 1,012.991. profit surplus of 414,614 FF which represents by a about 40% more profits. The previous case type depends on the The higher clearly shows that quality and quantity the level of design the optimal contract of design information. information, probability that the Stipulated Sum Contract will contract. the higher the be the optimal We demonstrate that the quantity and quality of design information modifies the risk structure in such a way that the optimal contract type changes according to this information. 1.4 Overview of Study and argumentation: The study is limited to situations, which are most likely to happen. certain First, parameters are fixed order in to recognize unique characteristics: (i) the owner is supposed to be risk neutral; (iii) the (ii) the contractor is supposed to be risk averse; level of competition is supposed to be fixed; (iv) contractor's experience and attention to reputation are well; (v) the owner goal function is to maximize the profit from the project. variables: Second, (i) situations construction contractor; (iii) are defined by the quantity and quality of which determine the probabilities of of fixed as costs; (ii) delays the following design information, and the variability the level of effort chosen by the the revenues from the project. -14- the study determines under which circumstances a well Then, designed Profit Sharing Contract will be optimal, and under which optimality Here. optimal. designed a well circumstances Stipulated Sum be should understood This profits for the owner. maximization of contract will be as the be achieved will when incentives allocate risks at best and at the least cost. describe the role of contracts in the construction building industry with an emphasis The on next of part the ESIEE project. process outcome. and the will the thesis third The various part parameters the bidding evaluates can which influence its In the fourth part we define the optimal the ESIEE project in both scenarios of high and and quality of design then to compared concluding remarks. the information. real These contract. The contract for average quantity optimal designs are fifth part gives -15- 2 Contracts in the Construction Building Industry: 2.1 The ESIEE Project: The analysis is based on the study of was used by French a description of the contract that the construction building in a project which was realized industry for give Professionals of a real contract We shall France. in on later this study (section 2.7 - The ESIEE Contract). of a university The project was the construction in 1985-86 near l'Ecole Superieure d'Ingenieurs en Electrotechnique Paris. et Electronique (ESIEE). the "Cite Descartes - of d'Ouvrage" the The exact location of the School is in La Marne was project The owner or "Maitre Vallee". the Chamber of Commerce and Industry of Paris and the contractor or "Entrepreneur" was DUMEZ. a French Construction Building Company whose annual turnover was The Architect or "Maitre about 17 billion French francs in 1987. d'Oeuvre" was BEFS INGENIERIE. an Engineering Consulting firm. The object of the contract was the construction of the group of buildings forming the ESIEE on the Cite Descartes site. Contractual agreement was formed of various pieces which described in section 2.7. be completed was included Particulieres" technical (CCTP). specifications will be The exact description of the works to in the "Cahier This of contractual des Clauses Techniques piece each works part and contains all gives precise plans for these parts. Works are divided in 29 parts, each of which is precisely defined. The 29 parts are the following: -16- Part #3: #1: Main work: Gymnasium Outside structures; carpentries, partitions: part carpentries part part #11: floors; part #2: Metallic constructions: part part #4: glaziery; #7: Plaster Watertightness; part #6: partitions; part #5: Industrialized part #8: Inside #9: Metal-works; part #10: Tiled floors, flags Thin floors; part #12: Hangings ceilings; part #13: Speci al doors; #15: Heati ng and air-conditioning; part #16: Plumbing; part #17: Electrifyin g; Security; #22: part #14: Mural paintings and coatings; part #18: part part #20: Cook ing cooling #24: Decorative installations accoustic c eilings; areas, urb an regulated the Particulieres" same (CCAP), currents; Decorative and metal equipments; #23: part works; part part Scenic #25: Site preparation; part #28: Green part #29: "Cahier des Reception. Clauses which is described All parts are Administratives later. that the am ount of design information available We shall come #19: #26: Decorative According to the previou s description and the reading of the CCAP, is very hig h. part part #21: Elevators; part installations; part #27: furniture; by amperage Fire protection; and part equipments; Low back on this we can see for this project very important issue later on in the course of the analysis. We can now describe the project with respect to construction and financ ing aspects. are concerned, most expected construction Ist, 1985. Thus, 1st. 1987. The As far as important points period was 24 nstruction characteristics are the following: The months, beginning July the construction was to be completed by July the Land purchase cost was FF 6,500,000 and Base -17- Construction Costs, 31,000,000: as submitted these costs do profit and effort, rate was 10% in not the include which were part DUMEZ bid, contractor's overhead, of the bid. The Design fee of construction costs, or FF 3,100,000. costs were thus 40.600.000. were FF Total base It should be understood that these costs were estimated costs, as of the beginning of year 1985. we shall see later, these costs and delays were As subject to variations. Let us The now describe Paris Chamber 7.600,000. amount of of be eight Commerce and Industry's The chamber had contracted FF 33,000,000, reimbursable in 20 now the financing aspects of with an installments, Loan 1. beginning of 12% and These loans will The funds will July 1, were FF borrow a total rate years, beginning July 1987. referred to as funds loans to interest the project: be received in 1985. The reimbursement annuity will be FF 5,086,292 for 20 years. For details on the project construction and financing characteristics, please see exhibits # 2.1-1 & 2.1-2. A chamber of Commerce statute is particular. Commerce is sometimes considered considered goal in operations as this of a public project one. is the project. to as a The Chamber of private entity, sometimes However, the Chamber of Commerce maximize This will the be profits taken as from the the basic assumption for the rest of the study. The Paris Chamber of Commerce it could hope cash flows to had estimated the receive from operating would come from students cash flows the university. These tuitions for a small part, -18- Exhibit 2.1-1 Project Characteristics - Construction ----------------------------------------------24 Expected Construction Period (months) 0 Delay (Months) Land Purchase Cost Base Construction Costs (do not include Contractor's overhead, profit and effort) Design Fee rate Design Fees 6,500,000 31,000,000 Total Base costs Present Value @15% of funds invested 40,600,000 37,306,708 10.0% 3,100,000 Project Characteristics - Financing ----------------------------------------------40,600,000 Total Base costs 7,600,000 Chamber of Commerce's funds 33,000,000 Amount borrowed under Loan 1 Loans interest rate (effective) Funds received in 8 installments January 1st - year 1 April Ist - year I July 1st - year I October Ist - year I January Ist - year 2 April Ist - year 2 July Ist - year 2 October Ist - year 2 Additional Loan (if necessary) January Ist - year 3 Reimbursement in 20 years beginning December 31st - year 3 Amount of annuity 12.0% 7,333,333 3,666,667 3,666,667 3,666,667 3,666,667 3,666,667 3,666,667 3,666,667 0 5,086,292 Amortization Schedule for loan -----------------------------------------------30,286,808 Total Present Value of funds borrowed Value at the beginning of year 3 37,991,772 of funds borrowed (January Ist) w 0 0 Amortization Schedule for loan Year 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Loan Balance Start of Period 0 19,857.754 37,991,772 37,464,493 36,873,940 36,212,520 35,471,731 34,642,046 33,712,800 32,672,044 31,506,397 30,200,872 28,738,685 27,101,035 25,266,867 23,212,599 20,911,819 18,334,945 15,448,846 12,216,415 8,596,093 4,541,332 Interest expense for period 0 12.0% Payment (3,467,351) (18,333,333) (14,666,667) 4,559,013 5,086,292 4,495,739 5,086,292 5,086,292 5,086,292 5,086,292 5,086,292 5,086,292 5,086,292 5,086,292 5,086,292 5,086,292 5,086,292 5,086,292 5,086,292 5,086,292 5,086,292 5,086,292 5,086,292 5,086,292 5,086,292 (1,524,421) 4,424,873 4,345,502 4,256,608 4,157,046 4,045,536 3.920,645 3,780,768 3,624,105 3,448,642 3,252,124 3,032,024 2,785,512 2,509,418 2,200,193 1,853,862 1,465,970 1,031,531 544,960 0 0 Principal Reduction (19,857,754) (18,134,018) 527,279 590,553 661,419 740,790 829,684 929,247 1,040,756 1,165,647 1,305,525 1,462,187 1,637,650 1,834,168 2,054,268 2,300,780 2,576.874 2,886,099 3,232,431 3,620,322 4,054,761 4,541,332 Loan Balance End of period 19,857,754 37,991,772 37,464,493 36,873,940 36,212,520 35,471,731 34,642,046 33,712,800 32,672,044 31,506,397 30,200,872 28,738,685 27,101,035 25,266,867 23,212,599 20,911,819 18,334,945 15,448,846 12,216,415 8,596,093 4,541,332 0 H- -20- and from research projects for the main part. cash inflows are shown in exhibit # 2.1-3. The details of the For the purpose of estimating profits from the project, a standard Net Present Value Analysis has been used, rate representing Commerce, using a capitalization rate of the cost of capital for the when including all Paris risks considerations. 15%, this Chamber of Construction costs are considered as incurred in the project. 25 NPV = E (Cash Inflows j=0 According Cash Outflows) 1.15 j exhibit # to the analysis performed in total Present Value of the base - Operating Income case assumptions. the project is completed Under the base case, FF FF 38,707,522 under The base case assumptions exactly within schedule are that and budget. taking construction costs, sales proceeds, taxes and tax shields into for the project of is 2.1-3, a account, 2,208,933. we get a Net Present Value The ESIEE project is thus a valuable investment for the Paris Chamber of Commerce. Before industry, analyzing contracts the construction building we give a rapid overview of the French Legal Framework for construction contracts. useful in This description will reveal for the analysis of contracts in the French context. itself -21- Exhibit 2.1-3 Project Characteristics - Operations Gross Income per year Operating Expenses Pretax Income 18,000,000 (10,000,000) 8,000,000 Capitalization rate Tax rate Capital Gains rate Depreciation 15.0% 28.0% 28.0% 18 years SL Net Present Value Components PV of Operating Income Plus: PV of Operations Gains/Losses 38,707,522 0 PV of Net Operating Income 38,707,522 Plus: PV of Construction Costs Plus: PV Sales Proceeds Plus: PV of Taxes Net Present Value (34,893,006) 1,518,882 (3,124,465) 2,208,933 w0 0 0 W W W Cash Flow Projections Complete on Time - Real Construction Costs = Estimated Costs. -------------------------------------------------------------------------------------------------4 3 2 I 0 Year Gross Operating income Less: Operating Expenses Operations Loss/Gain Net Operating Income 0 0 Plus: Sales Proceeds Land Purchase Design fees Base Const. Costs (6,500,000) (3,100,000) Before Tax Cash Flow (9,600,000) Less: Interest Expenses Less: Depreciation Taxable Income Less: Taxes 028% After Tax Cash Flow 18,000,000 (10,000,000) 0 8,000,000 18,000,000 (10,000,000) 0 8,000,000 H- (16,333,333) (14,666,667) 0 (16,333,333) (14,666,667) 8,000,000 8,000,000 (4,559,013) (2,255,556) (4,495,739) (2,255,556) 1,185,432 1,248,705 0 0 0 0 (9,600,000) (16,333,333) (14,666,667) 0 I 2 19,857,754 15,751,088 (331,921) 7,668,079 (349,637) 7,650,363 Loan Cash Flows Year Funds received Interest Payments Loan's principal reduction Total cash flows 19,857,754 15,751,088 3 (4,559,013) (527,279) (5,086,292) 4 (4,495,739) (590,553) (5,086,292) C-,- (A) r~-) W 0 W W W 4P lp Cash Flow Projections Complete on Time Year Gross Operating Income Less: Operating Expenses Operations Loss/Gain Net Operating Income 5 6 7 8 9 18,000,000 (10,000,000) 18,000,000 (10,000,000) 18,000,000 (10,000,000) 18,000,000 (10,000,000) 18,000,000 (10,000,000) 8,000,000 8,000,000 8,000,000 8,000,000 8,000,000 8,000,000 8,000,000 8,000,000 8,000,000 8,000,000 Plus: Sales Proceeds Land Purchase Design fees Base Const. Costs Before Tax Cash Flow ~J. C-'(J.) Less: Interest Expenses Less: Depreciation Taxable Income Less: Taxes @28% After Tax Cash Flow (4,424,873) (2,255,556) 1,319,572 (369,480) 7,630,520 (4,345,502) (2,255,556) 1,398,942 (391,704) (4,256,608) (2,255,556) (4,157,046) (2,255,556) 1,487,837 1,587,399 7,608,296 7,583,406 (416,594) (444,472) 7,555,528 (4,045,536) (2,255,556) 1,698,908 (475,694) 7,524,306 Loan Cash Flows Year Funds received Interest Payments Principal reduction Total cash flows 5 (4,424,873) (661,419) (5,086,292) 6 (4,345,502) (740,790) (5,086,292) 7 (4,256,608) (829,684) (5,086,292) 8 9 (4,157,046) (4,045,536) (929,247) (5,086,292) (1,040,756) (5,086,292) I-. w 0 W 0 0 0 0 0 a Cash Flow Projections Complete on Time Year Gross Operating Income Less: Operating Expenses Operations Loss/Gain Net Operating Income 10 11 12 13 14 18,000,000 (10,000,000) 18,000,000 (10,000,000) 18,000,000 (10,000,000) 18,000,000 (10,0000,000) 18,000,000 (10,000,000) 8,000,000 8,000,000 8,000,000 8,0000000 8,000,000 8,000,000 8,000,000 8,000,000 8,000,000 8,000,000 (3,920,645) (2,255,556) 1,823,799 (510,664) (3,780,768) (2,255,556) 1,963,677 (549,830) (3,624,105) (2,255,556) 2,120,340 (593,695) (3,448,642) (2,255,556) 2,295,802 (642,825) (3,252,124) (2,255,556) 2,492,320 (697,850) 7,489,336 7,450,170 7,406,305 7,357,175 7,302,150 10 11 12 13 14 Plus: Sales Proceeds Land Purchase Design fees Base Const. Costs Before Tax Cash Flow Less: Interest Expenses Less: Depreciation Taxable Income Less: Taxes 028% After Tax Cash Flow Loan Cash Flows Year Funds received Interest Payments Principal reduction Total cash flows (3,920,645) (1,165,647) (5,086,292) (3,780,768) (1,305,525) (5,086,292) (3,624,105) (1,462,187) (5,086,292) (3,448,642) (1,637,650) (5,086,292) (3,252,124) (1,834,168) (5,086,292) w W W W 0 W 0 W V Cash Flow Projections Complete on Time Year Gross Operating Income Less: Operating Expenses Operations Loss/Gain Net Operating Income 15 16 17 18 19 18,000, 000 (10,000,000) 18,000,000 (10,000,000) 18,000,000 (10,000,000) 18,000,000 (10,000,000) (10,000,000) 8,000,000 8,000,000 8,000,000 8,000,000 8,000,000 8,000,000 8,000,000 8,000,000 8,000,000 8,000,00 (3,032,024) (2,255,556) 2,712,420 (759,478) (2,785,512) (2,255,556) 2,958,933 (828,501) (2,509,418) (2,200,193) (2,255,556) (2,255,556) 3,544,251 (992,390) (1,853,862) (2,255,556) 3,890,583 (1,089,363) 7,240,522 7,171,499 7,094,193 7,007,610 6,910,637 16 17 18 19 (2,785,512) (2,300,780) (5,086,292) (2,509,418) (2,576,874) (5,086,292) (2,886,099) (5,086,292) 18,000,000 Plus: Sales Proceeds Land Purchase Design fees Base Const. Costs Before Tax Cash Flow Less: Interest Expenses Less: Depreciation Taxable Income Less: Taxes @28% After Tax Cash Flow 3,235,026 (905,807) Loan Cash Flows Year Funds received Interest Payments Principal reduction Total cash flows 15 (3,032,024) (2,054,268) (5,086,292) (2,200,193) (1,853,862) (3,232,431) (5,086,292) H- I- Cash Flow Projections Complete on Time Year Gross Operating Income Less: Operating Expenses Operations Loss/Gain Net Operating Income 20 21 22 23 24 18,000,000 (10,000,000) 18,000,000 (10,000,000) 18,000,000 (10,000,000) 18,000,000 (10,000,000) 18,000,000 (10,000,000) 8,000,000 8,000,000 8,000,000 8,000,000 8,000,000 8,000,000 8,000000 8000,00 8,000,000 8,000,000 (1,465,970) (2,255,556) 4,278,475 (1,197,973) (1,031,531) (544,960) 6,968,469 (1,951,171) 7,455,040 (2,087,411) 8,000,000 (2,240,000) 8,000, 000 (2,240,000) 6,802,027 6,048,829 5,912,589 5,760,000 5,760,000 22 23 24 Plus: Sales Proceeds Land Purchase Design fees Base Const. Costs Before Tax Cash Flow Less: Interest Expenses Less: Depreciation Taxable Income Less: Taxes 028% After Tax Cash Flow 0 Loan Cash Flows Year 20 Funds received Interest Payments Principal reduction Total cash flows ----- (1,465,970) (3,620,322) (5,086,292) 21 (1,031,531) (4,054,761) (5,086,292) (544,960) (4,541,332) (5,086,292) 0 0 0 0 -------------------------------------------------------------------------------------- w a 0 0 0 Cash Flow Projections Complete on Time Year Gross Operating Income Less: Operating Expenses Operations Loss/Gain Net Operating Income 25 18,000,000 (10,000,000) 8,000,000 Plus: Sales Proceeds Land Purchase Design fees Base Const. Costs 50,000,000 Before Tax Cash Flow 58,000,000 ~a. Ct (\J Less: Interest Expenses Less: Depreciation Taxable Income Less: Taxes 028% After Tax Cash Flow LAJ 58,000,000 (16,240,000) 41,760,000 Loan Cash Flows Year Funds received Interest Payments Principal reduction Total cash flows 25 0 0 -28- 2.2 The French Legal Framework: This section can be usefully skipped by the reader who is at all familiar with the French legal settings. For any industry, market firms' transaction attention technical aspects. in the usually However, construction building focuses obligations on financial and and rights which are purely administrative or legal should not be neglected. Indeed, a market transaction will be defined by both the market text or contract and regulations which are not included in the contract. both The contract the contractor market transaction. defines rights and the owner that are "decrets" particular to the and are imperative. regulations applying to They are defined by various and "circulaires", as well as by the "Code des Marches Publics". Jurisprudence resolving legal disputes. to consider in have a direct also the context of impact on an important the ESIEE project, the incentives, this implies that on, plays role in These public regulations are important Commerce can legally include in later obligations of In the French context, regulations which are external to the contract text are public the industry, and that the contract. the As because they Chamber of we shall see an optimal contract design may be difficult to achieve. The between French Public Transactions. legal framework makes an Market The Transactions distinction regulations, is essential distinction important firms Market Private and In rights, the French competent settings, because law-courts, and applicable jurisprudence differ deeply for these -29- two different categories of market transactions. Criteria for classifying market transactions in these two categories have been progressively determined transaction will criteria. be by French considered otherwise it will jurisprudence: as public, A market if it satisfies two be considered as private. The two criteria are the following: - The project, object of the transaction, must be a public work in the legal sense. Construction works are public are considered as a public good. if they Or in other words, if they are executed for the sake of the community at large. - A 'public person' must be the signatory for the contract. According to the previous classification, we can now specify the sets of contractual pieces pieces contractual pieces and for texts these which two for a Public will market be considered as transactions. transaction are the following: The "Cahier des Clauses Administratives Generales" defines administrative contractor The rights ("Entrepreneur") "Cahier des defines technical d'Engagement" Clauses and The obligations (CCAG), which of both the and the owner ("Maitre d'Ouvrage"), Techniques specifications or bid offer by for generales" the (CCTG), which industry, the contractor, the the "Acte "Cahier des Clauses Administratives Particulieres" (CCAP) and the "Cahier des Clauses Techniques Particulieres" paricular contractual Thus, the particular (CCTP), dispositions construction contract and general clauses, for will which the be the priority determine the contract involved. defined of variable in the limits of the current legislation. which by both can be -30- The contractual pieces for a private transaction regulated by the general principle of contractual are liberty, which means the abscence of any compulsory form for the conclusion of a contract. A verbal agreement can cases. However, official administrative contractants even are and technical norms. has been developed AFNOR". Like sufficent recommended type projects the previous CCAG and CCTG norm be can be to contracts, the refer to For public works used, whereas a for Building type projects, for public in most the "Norme priority of various contractual pieces should be given particular attention. For the project under consideration, Public regulations will apply. because statute in this setting. Commerce has design. the Chamber of to comply Commerce benefits from This means also that with regulations We now examine the major roles then turn to major risks facing the Chamber of concerning contracts contracts the ESIEE a public perform, and construction project, and that a right contract has to mitigate. 2.3 Role of Contracts: As noted in the previous section, role with respect to obligations of many the parties financial agreements. to the implications of issues, first the great administrative involved, rights and technical specifications, A major part of this study will be devoted the financial agreements construction building contract. are contracts play a critical included in any Among reasons for flexibility owners and this choice, contractors do -31- actually second, final have the in specifying dramatic impact these financial agreements these agreements can investment value of the construction and have on the project. Other issues will be referred to principally to address this central question. With respect to financial agreements, major functions (Ronald Pastore - Construction Contracts and the Investment Value of Commercial Real they determine the completing payoffs the project. the contracts perform two Estate Developments): First. contractor Second, they will allocate receive from the different types of risks between the contractor and the owner. Allocation of the various types of risks between the contractor and the owner is an essential property of construction contracts. because it determines the incentives the contractor will have, to complete the job on schedule and within budget. The interaction between payoffs to the contractor and allocation of various types of risks will determine the investment value of the project, which contract' will allocate the right risks to the contractor at the we are looking to maximize. The 'optimal minimum costs to the owner. The trade-off between specifying the payoffs to the contractor to yield the best set of incentives and the allocation of risks is known as the Moral Hazard problem. Let us give two examples of this trade-off to illustrate our argument. For that purpose, we consider the Paris Chamber of Commerce opportunity to invest and get a substantial return on its investment if the project is completed on time. The problem is to know whether the contractor has the incentives to complete the job on schedule. -32- If the payoff to the contractor does not depend on the completion date, it is very likely that the contractor will not produce his maximum effort to costly to finish works him. contractor to Thus, on time, the owner will complete job on time. because this effort is give incentives To give the incentive, the contract can make "the payment to contingent on uncertain, the contractor's payment is the project's outcome. agent therefore bears a portion of (John Parsons - contractor will avoid losses. Financial a higher the risk & of effort well. The the project." Moral Hazard). The level in order to However, these incentives are costly to the owner, for this reason that they imply a sharing of the between outcome is uncertain as Contracting now choose contractor an the contractor Since the to the the owner and the contractor and the contractor is risk averse (The contractor being worsens the case). of his profits. Indeed the owner will The share the owner project's risks fact that the risk averse only have to give up has to give up a part depends on the contract chosen, as we shall see in the next section. The second example of Moral Hazard Theory comes out consider quality problems. The tradeoff here quality and the cost of construction works. a Cost plus incentive Fee contract, to reduce expenditures. owner, which who would prefer strictly contract will limits quality of between the If the owner chooses the agent will not have the However, is when we works the negative by reducing this may turn to be very costly to choose a construction to the Stipulated Sum contract, costs. In effect, give a strong incentive to the contractor this to limit -33- expenditures. from the project? higher return get a of works in order to not to reduce quality Even a strong quality supervision might not be enough to solve the problem. to give incentive However, does the contractor retain any Thus, once more the owner will have the right incentives to the contractor, and this turns out to be a share of the project's profits and risks. outcome of the project depends on the payment to the him the incentive contractor contingent on to perform examples mean that the profit adequate contract shows that this the quality to is not the task of Since the works, making this outcome gives optimally. Do these sharing contract will be solve moral hazard always the case. issues? the only This thesis However, this section suggests that a good contract should include the features Profit Sharing incentives to contract, which the contractor. to allow An optimal the same cost and quality incentives, create of the the right contract will create but at a least cost to the owner. This section has shown the critical role risks play in determining the final investment value of a construction project. We now have to be a bit more specific about the kinds the owner and the contractor will have to cope with, which of analysis project. will be based on and examine risks. The risk the examples provided by the ESIEE the two parties should bear these of risks, -34- 2.4 Risks facing the ESIEE Construction Project: In order to design an appropriate contract, the owner has to assess the risks magnitude, as facing well the project, as which their party has more types and their expertise to bear these risks, and finally the incentives necessary to handle these risks properly. Usually, a construction project faces the following types of risks: The construction risks, the general development risks and the operations risks. All these risks are considered from the perspective of their financial implications. Construction risks are borne because of the uncertainties of the construction process. construction process is Because subject to common are the possibilties for: which can force the design costs, uncertainties. Most expensive techniques engineering sudies, difficulties, like (iv) rising problems other labor due current and to but materials bad weather conditions, strikes or even accidents. In the case of the ESIEE project, with different probabilities. known, the (i) unforeseen site conditions, (iii) preliminary unpredictable several complexity, design changes due to poor initial quality information, unsufficient its contractor to use more and/or materials, (ii) of of although drainage such risks are incurred Site conditions problems are are not pretty well impossible. Engineering problems would merely depend on the experience of the contractor. structures, Engineering problems could arise like the Gymnasium, main buildings. Other for the metallic or the glass structures possibilities for causes in the of engineering -35- problems is the great complexity of electrical research laboratories. electrical, The ESIEE is a specialized university in electrotechnical and electronic electrical installations for research art installations. installations in studies; purposes are hence state of the Other construction risks, like the possibilty of bad weather or strikes, should not be underestimated. General development financial feasibility. construction risks, risks They but affect are are not be very the different the are overall consequences of in nature. Most possibilities that completed on schedule, will not be respected and that the specified quality. project's usually important general development risks the project will the that the budget buildings will not be of the These risks dampen the profitability of the project from the costs point of view. For the ESIEE project, delays are a big source of concerns. because, as we shall see later on, each semester of delay reduces the project's expected NPV by FF 1,893,647. With a one-semester delay, the project's expected NPV falls from FF 2,208,933 down to FF 315,287. With a two-semester delay, this NPV becomes negative with a FF (1,578,360) not value. worth undertaking In this last case, the project is anymore, should be avoided in all cases. present values occur, because periods at least as long as of financing through costs. higher so that a two-semester delay These dramatic reductions in net delays wipe these delays and interest out revenues for increase the costs expenses and opportunity -36- The fact that not the project would completed within be budget can be the direct consequence of construction risks, which become general development risks, if they are principal and not only by the contractor. might occur as well, supported by the Other budget overruns like the overcosts in designing the program or organizing the research department. Quality is also an important concern for the First, the buildings must meet very high security ESIEE project: standards. If this is not the case, additional costs would be incurred in order to meet these standards. the amount of maintenance. money Third, Second, quality of works will determine needed in future years for high quality standards are needed buildings for the maximum efficiency from research departments in order to get the this department. This consideration leads us to the third type of risks namely the operations risks. These are the risks that come from the uncertainty of revenues. The higher the facing the project, uncertainty of revenues, project. In the case of the ESIEE project, these risks are very because revenues are highly uncertain. Revenues for substantial, the university depend on many attract good researchers, groups, the factors, such as its ability to its ability to form efficient research its ability to find profitable projects, industry revenues, the higher the operations risks for the the community, standard Because of uncertainty in and so on. deviation its links with of NPV for the project -37- attributed to 2,000,000 this uncertainty is depending on the delay. between FF 1,800,000 and FF The operations risks will be usually borne by the owner. Whereas it is clear that the contractor has to bear the construction operations risks, risks, a good uncertainties in the are due to general and the owner more question is should construction process and manage the some of these development managerial aspects. an example to illustrate our argument. of who to bear the In fact, some of these risks are due general development risks. to more expertise operations could be caused Let us give A delay in the beginning by different reasons. The first reason could be an unsufficient contractor's managerial effort to coordinate the advancement of works. The second reason could be the owner's inability to organize research programs on both cases the result would be for the first operating expenses as well. is risks will have year However, very different. to the same: reductions in revenues probably It is thus likely that be In higher interest in each case the origin of the risk general development shared between both parties. design of contract incentives, we have and time. in order to reduce Thus the all the risks just described, becomes a critical task for the owner. Many forms of contract are used in the construction building industry, all of them having strengths and weaknesses with respect to the allocation of risks and the design of incentives. -38- 2.5 Contract Types Description: This section describes the various forms in the construction clauses of the building CCAPs, industry. which help incentives to the contractor. of contracts used We first describe the to create non financial We then turn to financial clauses included in these contracts. Whatever Stipulated the form Sum or implement non contractor to similar to all altogether. of the Maximum Cost financial do Job. a better forms works plus of is performed which so As far as quality issues the - These contracts Cost - Fee incentives, CCAP includes several clauses. the contract plus CCAP tries to will an that we discuss them are concerned. independent implement the modifications that works, security isolation. Second, the origin, the construction. contractor, final of engineering firm. respect and recommended people, case acoustic use of specifications supervision firm on for an isolation, of thermic up to control materials adverse and works agrees for plans needed for outcome for designed to the architect approval. the by the The technical missions are solidity contractor must be submitted contractor been a supervision process is set the the ESIEE all resulting costs would be at his expense. building performed have quality and the In the incentives are pretty French law makes it compulsory for the contractor to of push First, a technical supervision of by technical supervision firm. Fee. during Fourth, Third, by the and the technical additional construction. contractual the guarantees tests are Fifth, on the works -39- (10 watertightness incentives merely try to because quality issues, financial incentives incentives aimed plus year solve the hazard moral an cost works and financial and overruns Fee and Profit Sharing contracts delays. whereas overruns is the Stipulated When choosing the stipulated sum contract for the Paris problem for As best contracts to enhance quality of works are contract to limit cost the financial obvious trade-off between enhance quality of limiting Non guarantee). there is to at discussed before. Cost (2 installations high-tech and adequate performance of year guarantee) Chamber of Commerce incentives to ensure the quality has to contract gives little financial incentives Sum contract. ESIEE project, design of works, the best non financial because this type of to the contractor as far as quality issues are concerned. Contracts are therefore mainly distinguished in their Three main types of contract are used in the financial clauses. industry: the Cost plus Fee Contract, the Stipulated Sum Contract and plus the Maximum Cost designate as the Profit Fee Contract Sharing Contract). the contractor Contract reimburses (which fee to cover the contractor. overhead The Cost plus Fee for all direct costs incurred for completing the project and expenses and shall also we and indirect pays an additional the profits of the The Stipulated Sum Contract fixes the total payment made to the contractor for completion of the works as a lump sum. Thus this contractor. form of contract places construction In this direct costs overruns, case, a risks onto the the contractor bears all complete opposite risks for situation from the -40- Cost plus Fee Contract in of view, Stipulated that respect. Sum Contracts project's construction costs within From the owner's point perfectly budget. maintain the However, the owner has to pay for these strong incentives; the contractor will price the construction risks he has to bear and include a corresponding risk premium expertise in than his Because the owner to risk premium may be themselves, bid. the contractor cope with construction no more costly to the owner has more risks, the than the risks depending on the situations. Cost plus Fee Contracts and Stipulated Sum Contracts usually include clauses dealing with the possibilty clauses will introduce penalties for late for early completion of the project. of delays. completion and bonuses These clauses are called Liquidated Damages clauses and require the contractor owner for losses incurred because of Such late to pay the completion. The liquidated damages fees are fixed in advance and agreed upon when the contract is signed. They are a means of shifting general development risks from the owner to the contractor. the contractor will accordingly risk premium in his bid they allow to share the damages increase also completion. implement Contracts, price these risks and for accepting the project. general the development likelihood Liquidated damages clauses for Stipulated As a result, of include a But because risks, liquidated early are Sum Contracts than or usually for Cost on time easier to plus Fee because "Cost plus Fee Contracts are merely used when specifications for the project, and overall schedule as a result. are not all well defined when the works begin." (Ronald Pastore - -41- liquidated give damages, which only include incentives to the little very of Commercial Value Thus Cost plus Fee Contracts, Real Estate). weak Investment Contracts and the Construction Previous contractor to finish the job on time and within budget. works on Construction contracts have clearly shown the weaknesses By using a Cost plus Fee Contract, the of this type of contract. owner will certainly forego a substantial part of the profits. The third of type be better called a Cost Sharing Contract. we are which Under this contract, reimbursed for d irect and indirect agent is Plus, cost. maximum those is known as the Maximum Cost plus Fee Contract and may studying, the among contract, both share parties than completing the project for less Thus parties. to a savings from the the maximum cost. the In the losses are also case when costs are higher than the maximum cost, shared between the costs up Maximum plus Fee Cost contract is equivalent to a Pro fit Sharing Contract, in which the would be figure Revenue Contract allocates a when contractor, account. of share all revenues the that both parties will have to wait figure is losses or profits and costs have Revenues are usually not When the Revenues The Profit Sharing fixe d in advance. to know their fixed in advance, taken into been known before a to the long time so final profit. at the expected value for instance, it is possible for the contractor to know his as soon as the job has been final profit case, the Profit Sharing completed. Contract is exactly equivalent In this to the -42- Maximum Cost plus Fee Contract. will designate either In the two contract following analysis, we type by either name, unless specified. As said earlier, Contract and the this thesis focuses on Profit Sharing the Stipulated Sum Contract. In the following section. we give a mathematical formulation of these contracts. 2.6 Contract Types Modelling: The previous section has introduced the necessary terminology to define the contracts under study. Let us now modelling is kept results will be model the very easy three simple on to interpret, types of purpose, contract. This so that numerical so as to get more general hints to design optimal contracts in the industry. (i) The Cost plus Fee Contract is modelled as follows: P = C + F P is the payment to the contractor, C is the Total construction cost (direct and indirect costs, not including contractor's overhead expenses and profits) F is the fee received by the contractor to cover overhead expenses and profits. (ii) The Maximum Cost plus Fee (Profit Sharing) Contract is modelled as follows: P = p NPV(c,dr) - F P is the payment to the contractor, -43- NPV(c,d,r) is the Project Net Present Value for construction cost scenario c, delay scenario d and revenue scenario r, p is the profit sharing factor (0 < p < I), F is the franchise fee retained by the owner. (iii) The Stipulated Sum Contract is modelled as follows: P = S - LD LD = d*O*A P is the payment to the owner, S is the Stipulated Sum, LD are the liquidated damages, d is the delay in semesters. 0 is the liquidated damages factor (0 > 0), A is a lump sum. It is also interesting to note the differences between these different types of following points will be demonstrated in similarities contract. the fourth and All the part of the thesis. First the three types of contract differ greatly in the allocations of the three major types of risks: (i) As far as construction risks are concerned, the Cost plus fee contract does not give any of these risks to the contractor, whereas the Stipulated Sum contract allocates all of them to the contractor and the Profit Sharing contract only a share of them. (ii) General develoment risks are not borne by the contractor in the case of the Cost plus Fee contract and are shared between the contractor and the owner in all other cases. -44- Operating risks are always fully borne by the owner but in (iii) which allocates a share the case of the Profit Sharing contract, of these risks to Sharing contract and the Profit Maximum The the contractor. Cost in that only differ Contract plus Fee respect. Second, the contracts are similar in the following circumstances: (i) When revenues are certain, the Maximum Cost plus Fee contract (better called the Cost Sharing contract) contract lead to the same payoffs to and the Profit Sharing the contractor and the owner. (ii) When revenues and construction costs are certain, the Profit Sharing contract, the Maximum Cost plus Fee contract and the Stipulated Sum contract are similar. (iii) When there (revenues, is no construction uncertainty at and costs all the for the project completion date are certain), all contracts are similar. All closely parameters studied in previously parts introduced 3 and 4 of will of course be this thesis. For clarification purposes, however, we rapidly give a description of scenarios and ranges for parameters. Contracts are studied for two different levels of design information, a high level and an average level. Total base case. construction costs are equal to FF 34,100,000 in the Three costs scenarios are considered in the study for each level of design information. -45- Four completion considered, scenarios are a two-semester delay scenario, a one-semester delay scenario, on-time completion and one-semester ahead of schedule completion. A number of revenues scenarios also taken into 11 different revenue scenarios have been studied. consideration. The Franchise fee F retained either positive or negative. fee, are by the owner can in fact be In the case of a negative franchise the owner is actually giving up an additional fee to make the project attractive enough for the contractor. The Liquidated damages factor 0 varies between 0 0 < Lump 1), although this should sum A is equal to between expected the next. FF not be necessarily 1,893,647. net present values and 1 (0 < the case. The This is the difference from one delay scenario to Liquidated damages LD are thus calculated as in table 2.6. table 2.6 Delay LD 2 * I semester I * 0 * A On time After this modelling has been contract, * A 0 -1 semester real 0 2 semesters - 0 * A exposed, we can describe the which was chosen for the ESIEE project. As we shall see, this contract is of the Stipulated Sum Contract type. -46- 2.7 The ESIEE Contract: The CCAP contract submitted to for the ESIEE project was determined several consideration. The contractors contract bid was then fixed by for the "Acte by the d'Engagement" proposed by DUMEZ, which won the bid. The Paris Stipulated Sum Chamber contract of for penalties for cost overruns paid with a global lump sum. Commerce this and project, and delays. Industry with chose a a number of Hence, Works will be Prices submitted in the bid are supposed to take all direct and Indirect costs necessary for the execution Clauses of works, Techniques in conformity with the CCTP Particulieres"), ("Cahier des specifications and plans. even if the charges are not specified explicitly. The global prices various types of works. Unit prices works and and the subjections depending on As a consequence, reclamation will be determined by unit corresponding global price the definition the Chamber of for any omission of quantities take prices for of these all execution of corresponding works. Commerce will not admit any quantity or price, or for any misinterpretation of remitted documents. More precisely, unit prices and completion delays penalties are set according to the following clauses: Unit Prices: Sub jections to be taken into account: -47- Unit Prices for the contract are determined when general and particular conditions, contractual organization. on the subjections, terms, resulting building The CCAP draws contractors' following taking all yard local "Cahier point energy supply, Particularly of the "Cite des Charges" with natural and various important Descartes", works to site servitudes from are the specific However, the most crucial conditions at only -1m (minus respect to which are included in the de 1'EPAMARNE. respect estimated to be and points: regulation. regulations site particular attention Site conditions should be closely studied with access facilities, from is one meter) the water level, under the ground level. All subjections from contractual pieces should be taken into account, resulting prescriptions incidences. and dispositions, In particular, as well any within or any contradiciton between contractual lack as financial of precision pieces should be solved before the signature of the "Acte d'Engagement". Building yard installations should services to complete their job in normal works organization works by co and should allow the subcontractors not impinge conditions. simultaneous when public Futhermore execution of necessary. Security regulations on the buiding yard should be closely respected. Unit Prices also take weather conditions into account 20 days of bad weather. up to No modification of quantity or price of works is admitted after the contract has been signed. Nature of unit prices: -48- Unit Prices are revisable according to market indexes. prices registered in the contract are prices fixed for Mo. when the contract is signed. Unit the month The formula used to modify the prices is the following: P = Po (0.15 + 0.85 Z) where P is the revised price, is variable according to Z Ic, lo', Po is the initial price and Z a 1/lo + b l'/lo' + c I"/lo" + ... Io" are price indexes for the month Mo: 1, 1', price indexes for the current month; whose sum is equal to a, b, c 1 and reflecting the I" are are coefficients various amounts and types of works involved in the project. Completion Schedule and Delays: The total execution period is set to 24 months according to the following schedule: - Beginning of works: June the Ist, 1985. - Operations necessary for reception of works: May the 15th, 1987. - Beginning of moving in and buidings installation: June the 1st, 1987. Completion dates are determined according to the contractual completion parts, schedule; These and are considered as independent Additional deadlines are set crucial dates are set up for an adequate for all contractual deadlines. up for particular tasks, advancement deadlines are also contractual ones. 29 works of works; which are these tasks Deadlines are posponed only in the case of bad weather for more than 20 days, or acts of god, -49- or strikes if they are not limited to is admitted provided, because of the contractor. the lack or imperfection since the project allows the No delay of information contractor to get all necessary information on schedule. Liquidated damages for Completion delays are the following: - from the first to the 6th day: FF 500 , - from the 7th to the 15th day: FF 1,000 plus 1/10,000 of the market price, - from the 16th day: FF 1,500 plus 1/3000 of the contract price. All previous penalties are applicable to: - all tasks that are on the critical path. - all other tasks, from the day following the 'late start' day for the job, these jobs being then on the critical path. These penalties will be automatically granted to the owner. as soon as a delay has been recorded for a particular task. The previous contract description fits very well modelling of a Stipulated Sum Contract. with our Would it be possible to consider a Maximum Cost plus Fee contract for the ESIEE project? 2.8 An Alternative Contract for the ESIEE Project: Another contract form for the ESIEE project the Maximum Cost plus Fee Contract. a Maximum Cost plus Fee would have been In this section, we describe contract, which was used for the realization of public works for the French Government in overseas -50- territories. The project, realized in French Polynesia, involved the construction of works similar to roads and bridges. The contract was signed between the French Government and DUMEZ. General Contract terms: and conditions for the construction took the type Because of project, due place and the level the various constraints to of the where the information provided, was a "Rfgie of contract chosen site d'Intrst Commun" or Maximum Cost plus Fee Contract. Principles for the contract were the following: (i) Costs (headquarters to the general contractor costs, that are overhead unverifiable expenditures), contractor's profit and costs for which it is preferable leeway to the contractor (local director the to give salary, exceptional bonuses,...), are paid with a lump sum. All these costs will now be considered as the Fee, F , to the contractor. (ii) Real costs necessary for the construction and which are verifiable will be paid by the owner. These costs will be referred to as RC. (iii) In contractor, contract. the maximum efficiency This bonus/penalty is equal to 25% real Itemization", (iv) get an incentive bonus/penalty has been between the explained order to Elf. cost of works The process and their from the included in the of the difference "Final Estimative to estimate the Elf figure is later on in this section. The contract also includes penalties for delays and bonuses for work completed ahead of schedule, namely: -51- - 1/3000 of the contract price penalty for any day of delay, - 1/6000 of the contract price bonus for any day of advance. (v) Finally, the contractor supports all costs that are not necessary for the normal ), completion of works (bad workmanship, except for acts of god (wars,...). Real Costs Accounting: A: Personnel expenses or wages. B: Purchases of materials and consumables. C: Rental expenses Initial and Final Estimative Itemization Accounting: For the purpose of the Elo and Elf accounting, each Unit Price is redetermined according to the following rules: - wages: for the expatriated personnel, real wages plus 120% of the real wages in order to take the general expenses of the contractor into account; for the local personnel, real wages plus 65% of the real wages. - materials: Prices accounted for are prices of materials on the site plus 35% for general expenses. - machines rental: real prices. The difference between the Elf account and the Elo account comes from the costs of additional works, which were not planned when the contract unexpected costs. This was signed, and from difference is as follows. Other expenses to take into account in the Elf: - estimative expenses for initially unplanned construction works, according to the previous rules. -52- - unexpected or exceptional expenses resulting from acts of which the contractor such as strikes for god, unresponsible. is recognized as Unit prices are computed according to determined compensations. Z Accounting: in the RC & are the Elf are included in the Z account. following: machine-tools, and Costs that are not included in the Fee, F, or Transportation costs Among such costs of materials and taxes and customs costs for all expenses, bonuses penalties for construction advances and delays, inflation effects, interests on overdue payments, and so on. Payments for completed works: The final amount paid to the contractor is the following sum. Final Payments = P = Fr + 3/4 RC + 1/4 Elf + Z Fr is the readjusted fee. Final Fees to the contractor: According to the final payments to the contractor, the final fees are: Final Fees = Final Payments Ff = Fr + 1/4 (Elf - RC - Z RC) Minimum Fees to the contractor: In the case value in when 1/4 the computation of value of (Fr - 0.2 Fo). are Fm signed. = 0.2 Fo. (Elf - RC) is negative, its absolute the final fees is limited to the Thus the minimum fees for the contractor Fo is the fee agreed upon when the contract is -53- Computation of the Readjusted Fee: The readjusted fee Fr is computed with the following formula. Fr = 0.2 Fo + 0.65 (D/Do) Fo + 0.15 (Elf/Elo) Fo with Do the contractual time limit, D the time limit with continuation clauses and bad weather days. The contract Maximum Cost as plus factor p would be described above, Fee contract, equal to for which 0.25, from the project are fixed. can be modelled by a the profit sharing and considering that revenues These expected revenues would be Elf for the purpose of the payment to the contractor. This part of the thesis has introduced, described and discussed the contracts, which can be considered for project. The next of process, value of that is part to say, the project from the thesis examines how the contractor will his point of which fits the type of the contract. view and the ESIEE the bidding estimate the submit a bid -54- 3 The Bidding Process: 3.1 The Bid Format & Factors Inflencing the Bidding Process: Depending on the contract type chosen by the bids submitted by the contractors, owner's proposal, who have chosen to answer the several forms. will take Principal, the Typically the bid will be: - a - wage rates, lump for sum for the Stipulated overhead Sum Contract, machine rentals rates, and profits in the materials costs and a fee case of the Cost plus Fee Contract, - a maximum cost factor and a for the project, franchise fee for possibly the a Maximum profit sharing Cost plus Fee Contract. Which contractor the owner will decide to choose, depends on the goals function of the owner. the contractor, who considerations like Usually, the owner will choose submitted the lowest earlier proposed bid. However, other completion dates, or conformity to quality specifications, as well as the contractor's reputation, can be essential factors in the final decision process. There are numerous different factors influencing process and the bid value for a particular of this ESIEE part of the thesis project. following issues: We shall is give project. to study these particular the bidding The purpose factors for the attention to the -55- - The owner's behavior will influence the choice bid. the of the winning Among issues of interest are the minimum value attached to project, toward risk - the owner's attitude how the owner will price risk and what are his/her risk preferences -, and the goal function of the owner. - The contractors' the owner. behavior will influence the bid submitted to Once more the contractor's attitude toward the most relevant question determine the optimal in that respect. risk allocation risk is This attitude will and the various risk premiums attached to these risks. - The level of competition will determine the bidding strategy of the contractors. The type of relationship between the bid and auction the also determines contractor's the valuation of the project. - The contractor's experience with similar projects will of the factors to determine the relationship between the the contractor's ability to finish the job on time be one bid and and within budget. - The quality and quantity of design information is the focus of this thesis and will affect the bids in several manners. affect the various types of risks facing the It will ESIEE project. More specifically, it will modify the uncertainties the contractor and the owner have to cope with for the duration of the project. Thus it will modify the risk structure of the project the risks Precisely, premiums (i) the contractor will include and change in his bid. Variations in Construction risks will affect the possibilty for costs overruns, and the attached risk premium as a -56- result; the (ii) Variations in General development risks will affect possibility for completion delays, and the attached risk premium as a result. - Revenues may also play a role in the determination of the bid. This will depend on the contract form. Variations in Operations risks lower will affect the possibility for revenues received from the project, and the attached risk premium as a result. - Incentives effort included level by the in the contract will enforce contractor, who will a certain price its bid accordingly. - Of course, the type of contract chosen will be a primary factor influencing the bid. The contract type will determine the mechanism for submitting a bid. The bidding process will now be analyzed along parameters briefly presented in this the various introductory section. 3.2 The Owner's Behavior: The owner's winning bid in behavior several ways. will influence the In this section, choice of the we shall expose which factors are important with respect to the owner's behavior, and illustrate our argument in the case of the specifying the main characteristics of the ESIEE project by Chamber's of Commerce behavior. The owner will choose the winning bid according or utility function. into account. The goal function can to his goal take many variables Among most important variables is the bid value. -57- which will project. determine the expected net present value If the completion schedule is respected, present value of from the then the net the project is simply the difference between the expected revenues and the value of the bid. Other date, variables are on which the contract, can be typically contractor commits a decision soon the ESIEE project, is project be finished on time, if the three months Incentives will completion take care date of is the wants the In the case of or one semester ahead that the of schedule. ahead of schedule Thus, the Chamber of Commerce will not choose the bid according the signing the owner as possible. would be worthless to the Chamber of Commerce. instead by essentially concerned The project being completed only date; The completion itself factor, project to be operational as the owner essential. to the completion imposed schedule in the CCAP. issue. Quality standard is another important factor; the Chamber of Commerce is concerned about the quality of works, should it be of construction works or of high-tech installations contractor, for laboratories. the Chamber of Commerce the reputation this research installations like electrical lowest of the lowest bid contractor, quality works is demonstrated. When will pay bidder. only if Thus, choosing the much attention to The Chamber will choose his reputation the goal for high function of the Chamber of Commerce should take the quality factor into account. This bids will be done by eliminating the lowest if contractors who submitted them do not have a good reputation. the -58- In determining the owner, utility function of the we should also know the owner's attitude the Chamber of Commerce risk As a sound financial lover: lover, investor, the Chamber is certainly not risk is risk neutral or risk averse, If He is risk toward risk. Is risk neutral or risk averse. this hypothesis is thus not kept. answer. principal or Whether the principal is not such an easy question to he weighs gains neutral, and losses equally when evaluating the project. On the contrary, when he is risk to averse, he gives more weight losses than to gains, preferring to have a sure small retu rn on the project rather than a high but more Commerce is risk risky return. neutral, assume that the We and that it wants simply expected profits from the project. Chamber of to maximize We are aware that this should not be necessarily the case. The last point to consider function for the owner has to owner would be That is to say, project. value accept for the owner could greater than formulating do with the minimum If none of the bids equal or refuse to willing to before a utility valuation the undertaking the project. put a reservation price allows this undertake the project. him to get a net present reservation price, The Chamber on the of he would Commerce is supposed not to put any ESIEE project. The reservation price is simply set according to particular reservation price for the the positive net present value rule of the CAPM. Hence, the utility function of the Chamber be modelled as follows: If CR > 7, Up (NPV,CR) = NPV of Commerce can -59- Up (NPV,CR) = 0 if CR <= 7, Up is the utility function of the principal, NPV is the expected net present value of the project, CR is the contractor's reputation and should be superior to 7 (on a 0 for the Chamber of Commerce considering level scale) to 10 the contractor's bid for the project. The Chamber of Commerce will choose the bid which verifies: (1) Up(NPVCR) > 0 (2) Up(NPV,CR) = MAX (Up(NPViCRi)) i The previous Chamber of rule Commerce. allows to choose We now have the best to study bid for the the process under which the bids are prepared by the contractors. 3.3 The Contractor's Behavior: As a corporation averse. expenses. a risk considered coverage, contractor will be considered risk He will prefer a project with a sure and small return to a project with expenses the high averse, the form in various In but of risky return. because costs of materials, insurance wages, cover contractor is has significant operating he and finance charges order to The non administrative overhead compressible expenses, the contractor will be willing to accept a contract which a small profit above these costs, to incur losses. gives only but allows the corporation not -60- The contractor's behavior will thus be modelled by a utility function, which reflects the risk aversion of the contractor. This utility function should be a rising and concave function of the profit gained from the project. Risk preference is another issue to modelling of the contractor's be behavior. contractor will prefer to bear those risks, more expertise and which can be he can choose. risks reduced by the will be course of action he could choose. risk by specifying structure structure will the be less range of actions determined However, revenues risks, influenced by whatever a different utility function contractor in which the contractor or This risk preference could be faces. faces Basically by the contract type. aversion factor could be higher for the contracts. the For instance, he will prefer to bear construction these latter risks reflected Obviously, for which he has the rather than general development risks because considered for the revenues for each the risk The risk Profit Sharing Contract, risks unlike in other for simplicity purposes, the risk aversion factor will be kept constant along various risk structures. The final result of the study will not be changed by this hypothesis, as we shall discuss later. A possible form for utility functions when the agent is risk averse is: Uc Uc = a (I - expl-b*Y) is the contractor utility, a is a scaling constant used to define with respect to y, b is the risk aversion factor, the interval Uc = (0,1) -61- Y is the profit generated by the payoffs. This it rising with Y and concave; is function has the basic properties to model risk aversion. Because in competition intense of construction building the profit margins are usually small. industry, utility value I construction margin to a profit costs. equal to utility value 0 The We shall 5% affect the of total base is affected to zero The average profit margin of a typical very competitive profits. firm is 4 to 5 per cent. the case of In costs FF are the ESIEE project, 34,100,000. With this base construction total figure Cost and the principles exposed above, the parameters a and b are equal to: a = 1.016492229 b = 2.41714 10E-6 assume We will accepting that the the contractor for minimum utility to This utility level corresponds to the project is 0.4. when all risk premiums a profit figure of FF 206,884, are equal These profits are only 0.6% of total base construction to zero. costs, thus a very small figure. Risk premiums are zero when the project suffers from no uncertainty, or when the contractor bears no risk. these cases, In the profit Y is certain and the contractor's utility is simply of the above form. Ucmin = 0.4 Ymin When Random the contractor variable defined over -Y, = FF 206,884 bears some risks, whose probability a range of possible the profits Y become a distribution, P('Y), is outcomes Yi. We assume that -62- only a finite number of outcomes Yi, contractor, are possible. levels of This is the case, when a finite number of profits for the project is possible. exclusive outcomes, profits for the the contractor's Over a range of mutually expected utility can be defined as: Uc(Yi) * P(Yi) E E(Uc) i The risk averse contractor will choose the course of action, which produces outcomes Yi with the higher expected utility. According to the previous analysis, one question is the range of actions the contractor conducting the project. very interesting can choose when Obviously, the contractor has the option to decide whether it is in his interest to spend a high effort for the project. The contractor can indeed level of prefer to spend very little effort on a particular project, or any level of effort according to what he thinks is optimal. Contractor's effort, here, means the amount of time, energy, skills and money spent on ensure that schedule. a particular the project will Of course, to each be completed on level of certain cost and a certain return to the the effort level, return. the higher the cost, effort in order to time and within corresponds a contractor. The higher but also the higher the We assume the cost function is strictly rising with the effort level, that is to say: dCE > 0 dE or project, CE(Ei+i) > CE(Ei) -63- when effort level is rising with i. CE is the cost of effort, E is the effort level. On the the contrary, necessarily rising with show study will the effort that the return is not even if this will be level, the case in most cases. For the purpose of the ESTEE project, model of contractor's effort. six different effort levels delays. adopt a discrete The contractor can choose between El, E2, etc, to E6. To each effort level correspond different outcomes for the to completion we project with respect This will be specified later. each effort level corresponds different costs to Also, to the contractor, as follows: Table 3.3 Effort Level Cost of Effort El FF 0 E2 FF 50,000 E3 FF 150,000 E4 FF 250,000 E5 FF 410,000 E6 FF 1,200,000 The contractor will choose the effort level, which maximizes his utility function, as follows: MAX Ej E Uc(Yi/Ej) * P(Yi/Ej) i The behavior of the contractor is now modelled. We can turn on the bidding to the analysis process. of competition and its impact -64- 3.4 The Level of Competition Auctions - Theory in perspective: It is essential to know what kind of auction the use to choose the winning bid. The owner has among simplest auctions he can use, the English auction, auction: (ii) also bid auction. the oral, (i) open ascending-bid descending-bid first-price sealed bid auction; several options; are the following types: called the Dutch or owner will auction: (iii) the and (iv) the second-price sealed With the first price sealed bid auction, potential contractors submit sealed bids and the highest the contract for the price he bid. bidder is awarded Under the second-price sealed bid auction, bidders submit sealed bids having been told that the highest bidder wins the contract but pays a price equal not to his own bid but to the second highest bid. The purpose of this thesis Suffice to say that the four result for the owner under is not to study auctions. previous auctions lead a certain number the bidders are risk neutral, (ii) to the same of assumptions: the independent-private-values assumption applies, (iii) the bidders are symmetric, (iv) is alone. a function of bids verified, since contractors assumption seems to be The are verified, valuation depends on private first risk because specifications known by the any one second bidder's and is thus On the other hand, value for the project contractors, is not The costs and productivity and site conditions, payment assumption averse. independent from any oher bidder's valuation. there exists a true common (i) resulting from but this true value because it suffers from is not many -65- uncertainties. verified. Thus the second hypothesis is not The third assumption holds if there is difference in cost structures or comparative advantage for some bidders are drawing their valuations distribution F. no systematic other variable, bidders; if in other from the stricity there is no words, If all same probability This assumption is supposed to hold. The fourth assumption holds for the Stipulated Sum Contract, but not for the Cost plus Fee Contract or the Maximum Cost plus Fee Contract. Actually, for these latter types of contract the payoff that the owner will finally receive depends on the ex-post actions of the bidder and their impact on the net present value of the project. So, where are we? Obviously all types of auctions will not give the same result for the owner and the optimal be a It will very complicated one. reservation prices, subsidizing making some information public, include such certain auction will features like classes and so on. of bidders. It is not at all the scope of this thesis to determine the optimal auction in the case of construction building contracts. simple second-price sealed to interpret. Yet, bid auction, in the case of English auction will lead to advantage of the If the owner results are very simple risk averse contractors, the better results for second-price chooses a sealed bid the owner. auction The over other simple auctions is that the contractors submit their valuation of the project as a bid for the contract. Submitting valuation is contrary, the bidders will submit bids which will number of indeed bidders in the optimal the case of bidding strategy. the exact On the depend on the the first-price sealed bid -66- auction. If n is the number of uniformily distributed, to (n-1/n)*Vi. to if valuations are then contractors will submit where Vi are the valuations We can see that tend bidders and if the number to bids equal the contractors. of bidders rises, then the bids the valuation figures. Thus we will assume that the level of competition ESIEE project is sufficiently high to ensure that for the bidders almost submit a bid equal to their valuations under a first-price sealed bid auction. This means that contractors will order to get an expected utility acceptable utility value Ucmin = various kinds of result. In assumption: auctions summary, value Uc equal 0.40. will we contractors will submit not make The vary the submit to the minimum outcomes under the significantly following bids a bid in equal as a symplifying to their own valuation and will be paid according to their own bid. The quantity following and sections quality of will design analyze the information impact on of the the bidder's valuation for the project, the heart of the problem at hand. 3.5 The Quality and Quantity of Design Information: The level of information for the ESIEE project is very high: The quality and quantity plans and specifications precise, so that of design provided there is by needed. the is excellent; architects very little uncertainty materials to use for the various works, be information Engineering problems are very about what what amount of work will have been also specified and -67- solved before interest the is the natural ground project begins. water level at level. One issue only minus one This means that of particular meter below the very efficient drainage techniques should be used for the project. Also all contractual, financial, or regulations subjections have been clearly specified and are available to the contractor for him to preparing his bid. Because of this contractor will be for the project very high level able to forecast with introduced because great of information, the costs and accuracy. Little of these informational the the schedule uncertainty is problems. This means that, globally, all risk premiums, which are due to informational problems will greatly reduced be in the case of the ESIEE project. First, the expenditures for contractor can project: the precisely materials costs, forecast the wages costs, machines rental costs, financial and insurance expenses, overhead and design expenses. Thus the total cost for the project will be forecasted with great certainty, will be very little. accordingly be set The to a low so that the construction value by the construction risks risk premium will bidders, when valuing the project. Second, the schedule for great certainty; time necessary to problem. Thus, the project can be designed with the contractors can assess the right amounts of solve engineering problems like the probability for delays will the drainage be smaller and -68- the general development risks will contractors will submit bids be minimized. with low As a result, general development risk premiums. This high parameters of However, level of the project as we can available level. information will also defined in the imagine that for the ESIEE project Under this new be be scenario, reflected in the next two sections. the level of information much lower than parameters the true specifying the project will introduce more uncertainties in order to reflect the higher probabilities for delays or cost overruns. In fact, this could happen, for instance, if the Chamber of Commerce ran out of time to precisely define the specifications before the beginnings of works, or if the full extent of the drainage problem was not known. 3.6 Related Development Risks - Completion Delays: Completion delays owner, are a major source of concern to the because they affect the project's final investment value. By postponing first day of operations, completion delays wipe out revenues losses received from the project for the show up in a diminished present delay period. These value of operating revenues for the project. Four completion delay scenarios are considered for the ESIEE project. On time completion, one and two semester delays and one semester ahead of schedule completion been evaluated. are the cases Each semester of delay drives which have the net present -69- value of the project down happens merely because each of revenues. 4.000.000 by an amount of FF semester of 1,893,647. This delay wipes Research projects cannot be undertaken and academic programs cannot begin as long as the works been finished. project, out FF have not We get the following net present values for the when considering only the variability due to completion delays: Table 3.6 Length of delay Project Net Present Value Incremental Value 2 FF I FF 315,287 FF 1.893,647 0 FF 2.208.933 FF 1,893,646 -1 FF 4,102,580 FF 1,893.647 (semesters) (1,578,560) This table shows the dramatic effect of completion delays profitability of the ESIEE project. Exact cash flows on the for the project under various scenarios can be consulted in the exhibits. Note that each day of delay corresponds to a loss of FF 10.520 in revenues, and each week to a loss of FF 73,642. The owner should find the right incentives to motivate the contractor, makes his best to avoid these delays. so that he These incentives an appropriate liquidated damages clause, will be will expose the which contractor to a share of the FF 73,642 weekly loss. Depending contractor will spend on the incentives included in will choose a different course a different level of of effort the contract, the action, namely he on the project. -70- the next question to Therefore, answer is how the contractor's effort level affects the outcomes for the project, that is to say the completion date. The completion date of the factors: and, first, second, project. for the high on project will depend on as just said, the level two main on the contractor's effort level of information available for the For the ESIEE project, we consider two different cases level of information level of information. available: For each an average level and a level of information considered, the possibility for completion delays is described by a Delay Probability matrix. * 4 probability matrix, P, This 6 specifies a distribution of the random variable -completion delay and corresponding random variable 'NPV, for each of the six contractor's effort levels. Information level 'Length of delay (semesters) 2 1 0 -1 NPVi NPV2 NPV3 NPV4 El Pi,1 P1,2 P1,3 P1,4 E2 P2,1 P2,2 P2,3 P2,4 E3 P3,1 P3,2 P3,3 P3,4 E4 P4,1 P4,2 P4,3 P4,4 E5 P5,1 P5,2 P5,3 P5,4 E6 P6,1 P6,2 P6,3 P6,4 -Project net present value Contractor Effort Ei Please see the exhibit # 3.6-1 for the matrices corresponding to the two cases of information level. -71- Exhibit 3.6-1 Construction Completion Delay Scenarios and Expected Profits Average Level of Information Delay - Effort Probabilty Matrix Length of Delay (semesters) Project Net Present Value 2 1 0 NPV1 NPV2 NPV3 -I NPV4 Contractor Effort Ei El E2 E3 E4 E5 E6 0.810 0.640 0.300 0.184 0.024 0.002 0.171 0.270 0.533 0.305 0.192 0.079 0.016 0.080 0.133 0.376 0.563 0.609 0.003 0.010 0.034 0.135 0.221 0.310 High Level of Information Delay - Effort Probabilty Matrix Length of Delay (semesters) Project Net Present Value 2 1 NPV1 NPV2 0 NPV3 -1 NPV4 Contractor Effort Ei El E2 E3 E4 E5 E6 0.950 0.201 0.026 0.009 0.000 0.000 0.048 0.772 0.760 0.124 0.006 0.001 0.002 0.026 0.202 0.769 0.739 0.069 0.000 0.001 0.012 0.098 0.255 0.930 -72- This probability matrix has very interesting properties that we recall now: @ Any element Pi,j gives the probability of completion delay j, given the effort level i: Pi,j = P (NPVj/Ei) For instance, when the effort level the project will be finished time is 0.511 (0.376 + is E4, on schedule or the probability that ahead of completion 0.135) in the average information level case and 0.867 in the high information level case. a For any effort level I, possible outcomes for the four NPVs the project. completely describe the They constitute a complete system of events. Thus, we have: 6 for any i K Pi,j = I j=j * The matrix assumes that any additional contractor effort lowers the expected delay and therefore increases the project's expected net present value: for any i and < E('d/Ei) E('d/Ei+1) E('NPV/Ei+1) > E(NPV/Ei) Expected net present values are calculated as follows: 4 E('NPV/Ei) = E NPVj * Pij J=1 These expected from the project. net present values represent the gross profits The owner has to substract the payment made to the contractor for his overhead expenses and profits net profits from Gross the project. Profits are to get the presented in -73- exhibit # 3.6-2 for the average level of information case and in exhibit # 3.6-3 for the high level of information case. In these exhibits, we see that the higher the effort level, the higher the gross the expected information, level of gross profits. Also, the higher the effort. profits the gross expected profits For instance, are FF higher for 1,190,151 effort for the level of for a given level 4, expected average level of information and FF 2,125,613 for the high level of information. for any i E('NPV/Ei&HI) > E('NPV/Ei&AI) HI represents the high level of information, Al represents the average level of information. In the exhibits # 3.6-2 and # 3.6-3, the net expected profits are the profits that the owner would contractor exactly for the amount contract would be an get, he enforceable contract would tie compensation that the contractor takes. if he could spends on the contract. This directly to the pay the job. The enforcing observed action To ensure that the contractor chooses the level of effort which gives the highest return, namely effort level ES E6 in average information level scenario and effort level in high information level scenario, the forcing contract pays FF 410,000 and FF 1,200,000 to the contractor for each case respectively, if he puts effort level E5 and E6 respectively in the project, and pays nothing otherwise. This forcing contract would ensure a net profit respectively for the forcing contract contractor's effort average is not cannot of FF and 1,762,954 high possible, be observed and information however, directly. FF 2,768,131 levels. because A the Note that -74Exhibit 3.6-2 Construction Completion Delay Scenarios and Expected Profits Project Net Present Value Length of delay (semesters) 2 (1,578,360) I 315,287 2,208,933 4,102,580 0 -1 Contractor Effort Ei El Average Level of 0 50,000 150,000 250,000 410,000 1,200,000 = = = (1,176,907) (707,282) 127,816 1,190, 151 2,172,954 2,638,791 = = = Net Expected Profits E(NPV/EI) E(NPV/E2) E(NPV/E3) E(NPV/E4) E(NPV/E5) E(NPV/E6) - Effort Level El E2 E3 E4 E5 E6 50,000 100,000 100,000 160,000 790,000 Information Gross Expected Profits E(NPV/EI) E(NPV/E2) E(NPV/E3) E(NPV/E4) E(NPV/E5) E(NPV/E6) 1,893,647 1,893,646 1,893,647 Incremental Value = = = = = = E2 E3 E4 E5 E6 Incremental Value El E2 E3 E4 E5 E6 Differences in G.E. Profits 469,624 835,098 1,062,336 982,803 465,837 Differences in N.E. Profits (1,176,907) (757,282) (22,184) 940,151 1,762,954 1,438,791 Variance of Profits 7.7834E+11 1.6796E+ 12 2.0052E+12 3.1791E+12 1.8239E+12 1.2388E+ 12 419,624 735,098 962,336 822,803 (324,163) Standard Deviation 882,236 1,296,007 1,416,062 1,783,003 1,350,528 1,113,025 -75- Exhibit 3.6-3 Construction Completion Delay Scenarios and Expected Profits Project Net Present Value Length of delay (1,578,360) 315,287 2,208,933 4,102,580 2 1 (semesters) 0 -1 = E4 = 1,893,647 1,893,646 1,893,647 Incremental Value Contractor Effort Ei El E2 E3 Incremental Value 0 50,000 150,000 250, 000 410,000 1,200,000 E5 E6 50,000 100,000 100,000 160,000 790,000 High Level of Information Differences in G.E. Profits Gross Expected Profits E(NPV/EI) E(NPV/E2) E(NPV/E3) E(NPV/E4) E(NPV/E5) E(NPV/E6) = (1,479,890) = (12,314) 694,016 2,125,613 2,680,451 3,968,131 = = = = Differences in N.E. Profits Net Expected Profits E(NPV/E1) E(NPV/E2) E(NPV/E3) E(NPV/E4) E(NPV/E5) E(NPV/E6) - Effort Level El E2 E3 E4 E5 E6 El E2 E3 E4 E5 E6 1,467,576 706,330 1,431,596 554,838 1,287,680 (1,479,890) (62,314) 544,016 1,875,613 2,270,451 2,768,131 Variance of Profits 1.9111E+11 7.2102E+11 8.4627E+11 9. 1822E+11 7. 1359E+11 2.4369E+11 1,417,576 606,330 1,331,596 394,838 497,680 Standard Deviation 437,166 849,129 919,930 958,238 844,743 493,654 -76- Effort level E6 in undertaking is so expensive, that it the average information level is not worthwile scenario, because the incremental profits gained by spending effort E6 effort ES than the incremental cost E6 - are less, FF 465,837, instead of E5, FF 790,000. a The matrix allows to compute the variance of the net present value for the project for each effort level scenario: 4 V('NPV/Ei) = E 2 Pij * (NPVj - E('NPV/Ei)) J=1 and the standard variation of profits: w(~NPV/Ei) = SQR [V('NPV/Ei)J SQR is the square root operator. The standard deviation is a good measure of the profits gained from the project. variability in The higher the variability, the higher the related development risks of the project, and the less the contractor is willing to sign level of level, risk exposure. for this project, for a given In order to compensate a higher risk the contractor will ask a greater risk premium, if he has to cope with these risks. For a given effort level, the variability of the project's NPV is greater, the lower the level of information available for the project. for any i v(-NPV/Ei&AI) > a(~NPV/Ei&HI) For instance, for effort level 5, the standard deviation of gross profits is FF 1,350,528 for the average level of information, and only FF 844,743 for the high level of information. Indeed, the -77- more provided information the precise and accurate effort spent the less likelihood of delays for a given project, for the by the contractor and the less variability in the gross profits. Another remarkable characteristic is the fact that variability in profits is not linear in the effort level. more falling with with increases the level effort variability first the job, spent on effort Instead of regularly up level to E4, and then This should not be the case, but this means that for decreases. spending the ESIEE project, spending a high level of none effort or E6) ensures with little (E5 effort or E2) or at all (El uncertainty a very undesirable or desirable outcome respectively. If an is put on the project, average effort outcome might construction if result is a smooth unexpected no then problem arises and other case, the but in any process; a very good outcome may be very bad as well. a The contractor's exposure to related contract incentives determine the If too little exposure is created by the certainly choose will contract clauses the contractor profits. to will be a primary factor chosen level of effort. too little effort development risks through on the project to spend of the owner's at the expense On the other hand , if too much exposure is introduced, have the owner will to pay a price disproportionate for the corresponding incentives. Related development risks are introducing risk premiums in the bids. to these risks ensures on time the first source for But contractor's exposure completion of the project. -78- Construction risks, in studied the section next are also a crucial element to be considered by the contractor when preparing his bid. 3.7 Construction Risks - Costs Overruns: development risks, but This study is not limited to related instead assesses the impact of construction risks on contractors' bids as well. important risks are likely Construction role, when the contractor prepares uncertainty in construction costs will a secure return risk, the to the will play a very his bid, because lower the expectations for In order to alleviate this contractor. contractor to submit a higher bid including a However, this risk premium might be corresponding risk premium. less costly to the owner than the loss in profits he would get if the contractor would not be kind of has for this the more expertise the contractor Indeed, construction risks. to exposed projects, the smaller the risk premium will be. Two construction risks level scenarios are evaluated for the project, ESIEE Obviously, information. will be qualities corresponding to higher of in the the two different construction costs the variability of case information of only available. levels of average The quantities and variations construction costs are as follows in table 3.7: Table 3.7 Average level of information Variations in Construction Costs Probability of -79- FF 1,000,000 0.25 FF 0 0.50 FF (1,000,000) 0.25 High level of information Variations in Construction Costs Probability FF 250,000 0.25 FF 0 0.50 FF (250,000) 0.25 We shall adopt the following notations for the previous table: Level of information Variations in Construction Costs Probability 9CC Qi 0 Q2 SCC Q3 - The expected value of construction costs is unchanged and remains equal to FF 34,100,000. equal to FF 5.000 FF 3.125 The variance of 10E11 for an average level of information, and 10E10 for a high level corresponding standard deviations are FF respectively. contractor's construction costs is of information. 707,107 The and FF 176,777 Obviously, such possible variations can affect the profits, if he does not include construction risk premiums in his bid. Another interesting question is to know whether variations in construction costs are dependent on the level of on the job. Contractor's construction costs, the contractor. and this In this efficiency is a study, can effort spent greatly influence variable which characterizes we shall assume that the -80- with contractor's expertise and experience so that variability in construction costs does not depend fixed, on projects is similar the should Efficiency efficiency. contractor's be distinguished from effort, because for a given level of expertise and the efficiency, levels of can spend different contractor effort. First, it can be argued that the more effort the contractor spends on the lob, construction costs. firm construction to materials, However, in base likelihood for an increase the less This would be explained by the fact that the spends ensure some wages that to time remain find stable, in this study we make the assumption cheapest the and so on. this is not that Variations in construction costs are likely to happen the case. for reasons and contingencies which globally do not depend on the costs constructions Typically, effort. contractor's would increase because of unexpected engineering problems or strikes or increases in materials, the costs of Construction influence. has little the contractor which are events on which costs will depend on the contractor's efficiency, but efficiency is not the In summary, this study considers only same variable as effort. costs constructi on in variations the are which results of exogenous events from the contractor's point of view. With the completion that not longer, delays counter should necessarily, can be considered as independent intuit ive? not construction assumption, previous If construction the construction costs be because a longer construction time costs and events. Is period is higher? Not might mean less -81- put on effort the job - work periods, non engineering time, meaning less the end being It may well happen that construction tied to the project itself. costs are higher despite the fact that the ahead of schedule, -, are thus directly construction costs in Variations and so on with total costs at costs spent per unit of time, the same. fewer machines, less fewer employees, or the contrary. project was completed This assumption will allow us to compute the utility functions of the contractor to find the optimal course of action from his point of view. The last source of uncertainty expected during operations comes of the project. from the revenues This uncertainty is discussed in the following section. 3.8 Operations Risks: Operations risks designate the risks incurred because of the variability delays. of revenues, which is not caused by completion Revenues might vary in the ESIEE project, because of the Such reasons include many reasons exposed ealier in this study. the more or less ability to find and conduct good and profitable research programs, the variable quality of the academic programs, and so on. If the owner were risk averse, operations risks would be one of the primary concerns to the owner. If revenues are highly variable, the owner might incur losses from a project expected to give a positive net present supposed to be risk neutral, value. However, the owner is in which case he will not price the -82- risk borne from the thing variability of which matters for him is revenues. the Finally, the only expected profits from the project, whatever their variability can be. This is not the case of the risk averse he be exposed to the variability of revenues, the contractor will price this risk with a very substabtial risk several reasons to this conclusion. not be able to affect variability does premium. There are First, the contractor will the variability of not depend contractor. Should on the revenues, because this construction process. This variability depends only on factors on which he has no influence, and which will be mainly determined after the construction period is over. Second, the fact that the owner is risk neutral and the contractor is risk averse creates a selection is to likely accept undertake if projects, which the a Maximum Cost plus Fee Contract, exposed to revenues risks. risks will Sharing Contract contractor, contractor would not he had to make the decision. With a Cost plus Fee Contract, operations problem. The owner be a Stipulated Sum Contract or the contractor will not be In these cases, the risk premium for zero. gives a share of On the other hand, the operations a Profit risks through the share of profits/losses he will to the receive. This is not the case with other types of contracts, even with the Maximum Cost plus Fee Contract in which revenues are fixed from the contractor's point of view. The variability in revenues is described by the NPV probability matrix. For each Please see this matrix in delay scenario, the matrix gives the - delay exhibit # 3.8-1. distribution of -83- Exhibit 3.8-1 Construction completion delay scenarios and Variability of Project Net Present Value NPV - Delay Probability Matrix Delta ( Actual NPV ) Delay Expected NPV 2 (1,578,360) 1 315,287 0 2,208,933 -1 4,102,580 Probabilities 0.0122 0.0279 0.0655 0.1210 0.1747 0.1974 0.1747 0.1210 0.0655 0.0279 0.0122 Standard Deviation (5,126,609) (4,613,948) (4,613,948) (4,026,567) (3,623,910) (3,623,910) (3,019,925) (2,717,933) (2,717,933) (2,013,284) (1,811,955) (1,811,955) (892,487) (803,238) (803,238) 0 0 0 803,238 892,487 803,238 1,811,955 2,013,284 1,811,955 3,019,925 2,717,933 2,717,933 4,026,567 3,623,910 3,623,910 4,613,948 5,126,609 4,613,948 (5,126,609) (4,026,567) (3,019,925) (2,013,284) (892,487) 0 892.487 2,013,284 3,019,925 4,026,567 5,126,609 1,800,000 1,800,000 2,000,000 0 2,208,933 4,102,580 2,000,000 Actual NPV Delay Expected NPV 2 (1,578,360) 1 315,287 -1 Probabilities 0.0122 0.0279 0.0655 0.1210 0.1747 0.1974 0.1747 0.1210 0.0655 0.0279 0.0122 (4,298,661) (2,405,015) (1,024,029) (3,308,623) (1,414,977) 76,013 (509,000) 1,082,655 (2,402,646) (1,496,668) 396,978 2,089,296 (487,951) 1,405,695 3,210,093 315,287 2,208,933 4,102,580 (1,578,360) 3,012,171 4,995,067 (685,873) 1,118,525 4,020,888 6,115,864 434,924 2,127,242 3,033,220 4,926,866 7,122,505 1,441,565 5,832,843 8,129,147 3,939,197 2,448,207 4,929,235 6,822,881 9,229,189 3,548,249 (6,704,969) (5,604,927) (4,598,285) (3,591,644) (2,470,847) -84- variations of variations of likelihood revenues NPVs. of the from the project A probability variations. important characteristics of and the resulting distribution describes the following properties are The the matrix: (i) The variability in revenues does not change the expected NPVs for the project. Depending on the completion delays, two semester, one semester, on time, minus one semester, the expected NPVs are still FF (1,578,360); FF 315,287; FF 2,208,933 and FF 4,102,580 respectively. (ii) The scope of the variabilty depends on the completion delay scenario. have On time completion a standard semester deviation ahead of and one semester of schedule FF 1,800,000 completion delay scenarios in and two scenarios have a standard deviation of FF 2,000,000 revenues. One semester delay in revenues. We can note, first, that the standard deviation is quite large in all cases, reflecting the overall risk of the project; second that the standard deviation is larger in the case of very late or very early completion these cases, defection of The main explanation is that in new uncertainties are introduced, like the possible some cancellation of some completion, dates. of the researchers, planned projects professors, in the case of or the very late and like the difficulties to begin research projects earlier in the case of early completion. -85- With this revenue variability, the project can lead to losses as large as FF (6,704,969) in the case of a two semester delay (with a probability of 9,229,189 the in about 1.2%), case of or early to gains completion as large (with as FF the same probability). (iii) The variability in revenues is supposed to from the other kinds of variabilities. likely to be verified This assumption, which is in the real world, easily the optimal course of action be independent for will allow the us to find contractor as a function of the contract chosen. The following notations will be adopted for the NPV Delay - probability matrix: NPV - Delay Probability Matrix Actual NPVs Delay 2 1 0 -1 NPVI,4 Probabilities Ri.1j NPV1,i NPVI,2 NPV1,3 R2,j NPV2,1 NPV2,2 NPV2,3 R3,j NPV3,1 R4, j R5,J R6,j R7, j R8, J R9, j RIO, j R11,j NPV1O,4 NPVI1,1 NPV11,2 NPV11,3 NPVI1,4 -86- I E (1..41 stands for the delay scenario. All types of risk studied have now been now necessary to assess how incentives described. included It is in the contract will affect the contractor's course of action. 3.9 Incentives and Effort Level: As seen in section 3.3, the contractor chooses the level of effort, which maximizes his utility function, as follows: E Max Uc(./Ei) = Max Uc(./El) is total utility of P(Yi/Ej) * Uc(Yi/Ej) the project to the contractor when he spends an effort level EJ: Yi is the profit to the contractor: contract point, Yi will be defined differently. [ Remark: At this it is only important to note that the set of Yi defines a complete system of events over words we have: if k#I the probability space. Incentives will take the form of which will effort Incentives, lower the profits Yi, be J financial contract designs and the resulting utility, when level chosen by the contractor however will In other then YkOYl = 0 U Yi = 0 = (all possible events) and the depending on the form of the costly to the is not high enough. owner, because the -87profits Yi to incentives, the when contractor the will contractor be higher chooses the than right without level of effort. The contract included, type will define precisely the incentives and therefore determine the optimal action choice for the contractor. Sections 3.10 and 3.11 present explaining how the optimal action technical considerations choice for the contractor has been determined practically on Lotus 123 for each of the contract type studied. These sections have thus been transferred to appendices # 3.10 and # 3.11 for their main part. The interested reader can refer to these appendices. 3.10 The Contract Type: This profits section will attributed contract studied. determine, to the Then, for the ESIEE contractor for the we project, the various types of explain the process by which the contractor chooses the optimal course of action for each of these contracts. Please refer to appendix # 3.10 if you are interested in these technical considerations for implementation purposes. 3.11 Submitting a Bid: Assuming the contractor has chosen an optimal course of action for a particular project, the next step for him will be to evaluate the minimum bid. Because of competition and reasons -88- given in the section 3.4, the contractor will submit a bid which is equal to his valuation of the project. bid for the contractor utility value, is thus which is 0.4. set by The minimum acceptable the minimum acceptable Please refer to appendix # 3.11 if you are interested in technical considerations for implementation purposes. -89- 4 Optimal Contract Determination: 4.1 Possible Scenarios for the ESIEE projects In this Determination of the optimal the ESIEE project. first choose the contract for we shall determine the optimal part, right type of contract means second define and contract, precisely the parameters of the contract. for the ESIEE project The optimal contract possible scenarios two different scenarios: for information each available quantity of design a high quality and project and an of level average such As we shall see, the optimal contract is different information. for the We basically consider for the project. the depend on will scenario, suggesting that plays a critical role in the level the design of information an optimal of contract in the construction building industry. are Scenarios defined by delay costs variabilities and construction probability revenue matrices, variabilities for both levels of information as exposed in part 3 of the thesis. 4.2 Optimal Contract Determination - The Process: Definition best contract contract. the of an optimal contract type However, optimal contract and properly means both designing incentives the process involved for the will choosing the not treat these two for this definition of steps in this -90- order, but rather sequence. of they First, contract. will be in the opposite the best design will be defined for each type This will lead parameters which give the to the determination highest possible profits for each type of contract. of the to the owner These parameters will define one best designed contract for contracts will be compared to find profits addressed each among these best type of contract. Second, these the one which designed contracts. gives highest The class of the winning contract will be the optimal contract type. Let us take an example to practice. In the illustrate how this will rest of this section. we shall work in look for the best designed stipulated sum contract in the case level of design information. probability matrix, the The delay of an average variability of construction costs and of revenues in part 3. Exhibit #4.2-1 shows that the best stipulated for average quality and quantity of is defined by 0 equal to 0.14. profit to FF As are defined as the owner of a reminder, sum contract design information available This contract gives an expected 1,012,991. we recall the definition of the stipulated sum contract: P = S The contract as written damages lump sum A, stipulated sum S. FF 1,893,647; delay. - 0*d*A above is defined the liquidated damages by the liquidated factor 0 and the The liquidated damages sum A has been fixed to which is the loss of NPV due to a one semester -91- The owner fixes a liquidated contractor proposes a stipulated Once the bid has been received, damages factor sum S for a bid the owner 0, as and the an answer. computes his expected profits from the project as follows: E(NPV/Ejo) - E(P/Ejo) = (E NPVd/Ejo * Pd,jo) - S + 0*(E d*Pd,jo)*A d Ejo is d the effort level chosen by the contractor given the specifications of the contract. E('NPV/Ejo) is the expected Net Present Value of the ESIEE project, knowing that the contractor chooses effort level Ejo. E(P/Ejo) effort is the expected payment to the level Ejo and the delay contractor, knowing his probabilities Pd,jo for this effort level. Thus the liquidated process damages is the factor corresponding effort level, 0 following: equal the liquidated computations Please look exhibit presents the profits to liquidated damages factor 0. at which the effort level For our case, 0.82. start zero, bid and profits to we progressively rise again. to We compute # exhibit the owner as a the the owner. Then, damages factor at with and do the 4.2-1. a function This of the In this process, we look for points Ejo chosen by the this happens at points contractor changes. 0 equal to 0.13, 0.14 and At these points the effort level rises from El to E4, E4 to E5 and ES to E6 respectively. At these points, the incentives included Just in the contract are contractor to spend additional effort enough on the to convince project. the This has w w 0 1P 4P 40 0 0 40 Stipulated Sum Contracts Average Level of Information 1.2 1,012,991 1 0.8 0.6 0.4 -N - U. - 0 0 0: -0.2 H- 0 - -0.4 I" . N -0.6 -N -0.8 -1 C3 -1.2 -1.4 III - - -1.6 -1.8 0 0.2 0.6 0.4 Liquidated Damages Factor 0 0 Owner's Profit 0.8 1 I. -93- First it raises the cost of the contractor's effort two effects: and the proposed bid as expected profits from the project. each other, Second, it raises the a consequence. and which of the These two effects are fihting two is more determined by the cost of additional effort. we can see that, contractor are factor 0 rises. important On exhibit # 4.2-1, for a given level of effort, the profits to the actually falling This happens, when the because a liquidated damages higher risks given to the contractor and a higher risk in the bid as his effort, will be a consequence. 0 means more premium included The contractor does not increase because this would mean a lower expected utility for the same bid, or the necessity to increase same utility. his bid to gain the As long as incentives are not enough to make the contractor change his effort level, of profits to the owner. a rise in 0 means a decrease All these points will be discussed in more detail in the following sections. The process described above is used to determine the best stipulated sum contracts and profit sharing contracts for average and high levels of information available. 4.3 Construction Costs and Revenues are fixed: An Academic Case: In this section, construction assumption, costs and we consider revenues we get the striking contract type. the unrealistic are certain. result that there is case that Under this no better All contract types can be designed so as to lead -94- to the same expected profits to the owner. This result makes it interesting to study this unrealistic case, because understand the fundamental similarities it helps to and differences between contracts. Why are all contracts equivalent under the constuction costs and revenues certainties assumption? The main reasons are first that, under this assumption, the construction and operations risk premiums are zero and the maximum cost second, plus fee that the stipulated sum contract, contract and the profit sharing contract allocate the general development risks in the Thus, the premiums for these risks will be the same same way. under each contract. Results for both scenarios are presented to #4.3-4 first and appendices # the scenario Under this scenario, equal to 0.14 1,509,740. sharing of 4.3-1 in exhibits #4.3-1 to # 4.3-26. average level of information available. the optimal contract is and gives the owner a total defined by net For both the stipulated sum contract contract (strictly Let us consider profit 0 or p of FF and the profit equivalent to the maximum cost plus fee contract in this simplified case) give the same utility, 0.4, and payoffs, FF 253,214, to the contractor. chosen by the contractor is ES premium is FF 46,330. = FF (359,000) sharing contract. contract - The effort level in both cases, and the total risk The bids submitted by the contractor are F a negative and S = franchise fee - FF 668.250 , for the profit for the stipulated sum A precise evaluation of both contracts is presented in exhibits #4.3-2 and #4.3-3. -95When there is no information problem for the project, the optimal contract is not defined by 3 or p equal to 0.14 any more, but rather by 3 or p equal to 0.70, and # appendix profit of FF appendices # 4.3-13. 2,169,439; the previous paragraph. contract defined by profits equal to information. This best contract gives the owner a the contract type. See 4.3-26 for a discussion equivalent to What is interesting to note is that the 3 FF # 4.3-4 whatever to # 4.3-13 as shown in exhibit or p equal 1,645,027 to 0.14 generates owner's in the case of a high level of This profit is higher than for the first scenario, but much lower than the profit got from the best contract, which generates best 32% more profits. With contractor no longer chooses the E4 0.14 value of J or p, this level of contract, effort the as for the but the E6 level; this increase in effort is the explanation for the big increase in profits. The difference is even of information. more striking for the average level The best contract, as said before, generates an owner's profit of FF 1,509,740; whereas the contract defined by 1 or p equal to 0.70 best contract gives a profit of only FF increases profits by 340%, 343,886. Thus the a dramatic quite difference. This simplified case shows the importance of well specifying the contract's parameters according to the for the contract. included in If the contract this information should be high, information available is high, incentives so as to ensure the S W S0 SW W S 0 0S S Optimal Contract Determination Average Level of Information 1.6 1.4 1.2 0.8 La. La. 0.4 4-p CA 0 5.. -x 0.2 0 Q.. H- -N 0 In 5.. -X 0.6 -N -0.2 w 3 --0.4 0 -0.6 -0.8 --1 - -1.2 -1.4 0 0.2 0.4 x 0.6 0 and p Factors Owner's Profit 0.8 I I. -97- Exhibit 4.3-2 Construction Costs and Revenues are Fixed Evaluation of Contracts - Average Level of Information Contract Form: P = 0.14 NPVd - F 5 Effort Level: Payoffs to Contractor E(NPV/Ej) Franchise Fee F 2.172.954 (359,000) Contractor Payoff P Less: Effort 663,214 410,000 Contractor Profit 253,214 Contractor Utility 0.4010 Payoffs to Owner E(NPV/Ej) Less: Fixed Fee Less: Effort Less: Risk Premium Plus: Franchise Fee 2,172,954 206,884 410,000 (312,670) (359.000) Owner Profit 1,509,740 Owner Utility 1,509,740 Total Risk Premium 46,330 -98- Exhibit 4.3-3 Construction Costs and Revenues are Fixed Evaluation of Stipulated Sum contracts - Average level of information Contract Form: P = S - d*6*A 0 Effort Level: j = 5 Expected Delay: d= 0.02 = 0.14 1,893.647 Payoffs to Contractor Stipulated Sum (Bid) E(Liquidated damages) 668,250 5,037 Contractor Payoff P Less: Effort 663,213 410,000 Contractor Profit 253,213 Contractor Utility 0.4010 Payoffs to Owner E(NPV/Ej) Less: Fixed Fee Less: Effort Less: Risk Premium Plus: Liquid. damages 2,172,954 206,884 410,000 51,366 5,037 Owner Profit 1,509.741 Owner Utility 1,509,741 Total Risk Premium 46,329 0 S S 4P S S S S 0 S 0 aS 0 0 00 Optimal Contract Determination High Level of Information 2.5 2 -r 1.5 Lz. La. I 4-, U' 0 0 0:.5 -.4 a. 0 U' S.. 3 0 -0.5 -1 -1.5 -2 0 0.2 0.6 0 and IiFactors Owner' s Profit 0.4 x 0.8 1 I. '.0 -100- maximum effort level. On the contrary, if the information level is only average, incentives should not be too high, otherwise the risk premium will become greater than the incremental gains. 4.4 High Level of Design Information - Evaluation of Contracts: When different construction costs and revenues are types of are not equivalent contract not certain, the anymore and it becomes very important to choose the right type of contract. The ESIEE project is characterized the Paris Chamber of contract for t he project. superior Commerce in their choice of a In this case, we can conclude that the Sum contract Stipulated a This characteristic greatly availability of design information. influences by is a better contract than the Profit Sharing Contra ct, whereas the Maximum Cost plus fee contract - or Cost Sharing contract -, contractor's point of for the ESIEE project. for which revenues are fixed view, is probably the 'optimal contract' This result is very different one gotten for the scenario of an average availability information. becomes a In the latter bet ter Reasons for this this part. contract case, than the the fundamental conclusion Thus, from the when variability in from the of design profit sharing contract Stipulated Sum contract. will be given construction later in costs and revenues is introduced in the model, the quantity and the quality of design information plays a critical role in of the 'optimal contract'. the determination -101- We consider information. appendices # the Please 4.4-1 scenario of high see the exhibits to # # level 4.4-1 of design to # 4.4-7 and Exhibits # 4.4-1 and # 4.4-2 4.4-12. present the curves of the effort level spent by the contractor on the project as a function of the profit sharing factor p liquidated damages factor, factor 0. The the higher the effort level. does not change continuously as a necessary that the sufficiently high level to study, The higher incentives higher function of p. included in level. Rather, it is the switch contract be from an effort As explained before in this the behavior of the contractor is based on risk aversion. risk equally, averse contractor level 4 does not value but instead values more heavily at p and 0 equal to 0.24, the to effort level 5. additional expected gain/loss. to cover the additional expenses. and losses For instance, switches from effort The contractor does additional effort would be higher profit/loss attributed gains losses. contractor effort before p and 0 reach this value, the profit sharing However, the effort level to make the contractor the next the and the not spend this because the cost than the utility of the value of the This happens because the share of the contractor is not On the enough to contrary, the contractor is better off by switching effort level at p and 0 = 0.24 than at 0.25, because if not, loss/gain from not the utility cost to the contractor of the switching additional cost of effort. averse contractor. As a would become higher This is not acceptable consequence, change of effort level at p equal to 0.04, the than the for the risk contractor has to 0.10 and 0.24 for the S S S S 0S 0U OP S 0S eS Stipulated Sum Contracts High Level of Information 1.2 - 1.1 - 1 - 0.9 - Li. 0.0 - -. 0.7 - 0.6 - H- 0 I-A Ct 0 0.5 - wi 0.4 - 0.3 - 0.2 - 0.1 - '--~- ~-- tu - -- * - -- - * I-a B A 4..2 0 I I I 0.2 I 0.4 0 I I I 0.6 Liquidated Damages Factor 0 Effort Level Ej 0.8 I 0 t'J 0 0 0 0 0 0 4p 0 Profit Sharing Contracts High Level of Information 450 - 400 - 350 - 300 Li. - '-a 0 250 200 -- 0- w 160100 - a .50 - M B 0 a I 0 0.2 0.4 0 0.6 Profit Sharing Factor p Effort Level Ej 0.8 1 0 -104profit sharing contract, 0.70 0 equal to 0.04, and at for the stipulated sum contract. same points, the expected 0.10, 0.24 and Obviously, at exactly the net present value increases due to the additional effort put on for the project the job, as shown in appendices # 4.4-5 and # 4.4-6. For a given level of effort, the profit sharing Please see exhibits and # the included liquidated 4.4-3 for the owner's profit. the owner's and # damages This happens because level - factors rise. 4.4-4, which give the curves in the bids are increased with whereas the effort profit falls when and the the the risk premiums rising incentives. expected NPV as a result - The best profit sharing contract is got at p equal to 0.24, remain constant. effort level E5 = FF 410,000. of FF 2,680,451 This leads to a total expected NPV and a profit to the owner of FF total risk premium included in the owner is bid is FF 273,424. in exhibit # premium is computed as disaggragated in five 1,790,143. 4.4-5 . components, The The risk The payoff to the the expected net present value, the fixed fee to the contractor, necessary to meet the contractor's no risk profit target, effort, the cost of contractor's the franchise fee the contractor pays to win the auction (negative in this case) OP = NPV - and the unadjusted risk Fi - Ej - Ru + premium. Fr OP = NPV - P OP is the owner's profit and P is the payment to the contractor; Fi is the fixed fee, Ej is the cost of effort, unadjusted risk premium and Fr is the franchise fee. Ru is the 4p 0 t 4p a WS W 0 S 0 Stipulated Sum Contracts High Level of Information 2.5 2.131.692 2 1.5 I CA 0 0 0).5 1.4 C11 a. 0 Tn WA -1 -1.5 -2 I 0 I 0.2 I .1 0.4 I I 0.6 Liquidated Damages Factor 6 0 Owner's Prof i t 0.8 1 0 U, 40 0 a a 4p l op 40 Profit Sharing Contracts High Level of Information 2 1,790,143 1.5 1 -N Li.. IL 0.5 - 0 5.. 0 I-i 0 (t 0 0'~ I... U, --0.5 3 0 | | | || |N 0.6 0.8 - 1 -1.5 -2 0 0.4 0.2 o Profit Sharing Factor p Owner's Profit 1 -107- Exhibit 4.4-5 Profit Sharing Contracts - Construction Costs and Revenues uncertain Evaluation of Contracts - High Level of Information ----------------------------------------------------------------Contract Form: P = Effort Level: j = 0.24 NPVc.d.r - F 5 Payoffs to Contractor E(NPV/Ej) Franchise Fee F 2,680.451 (247,000) Contractor Payoff P Less: Effort 890,308 410,000 Contractor Profit 480,308 Contractor Utility 0.4011 Payoffs to Owner E(NPV/Ej) Less: Fixed Fee Less: Effort Less: Risk Premium Plus: Franchise Fee 2,680,451 206,884 410,000 26,424 (247,000) Owner Profit 1,790,143 Owner Utility 1,.790,143 Total Risk Premium 273.424 -108P = Fi + Ej + Ru - Fr CP = P - Ej = Fi + Ru - Fr CP is the contractor's profit. Since we have also: P = - NPV - Fr OP = (i-p) NPV + Fr we get Ru = g NPV - Fi - Ej The total risk premium is obtained by fee to the unadjusted OP = NPV R = Ru risk premium. Fi - Ej - (Ru - Fr) - substracting the franchise Fr The owner is more concerned by the total risk premium than by the unadjusted risk premium, because it is the total risk premium that he finally will have to pay to the contractor. If the franchise fee is positive, the contractor gives up some of the payoffs he receives in order to win the contract. franchise fee means that meet the contractor needs his minimum utility, in which case A negative higher payoffs to the risk premium is increased by the absolute value of the franchise fee. The best stipulated sum contract is got for 0 equal to 0.70, an effort level equal to expected net present owner of FF 429,555. #4.4-6 , liquidated or FF 1,200,000. value of FF 3,968,131 FF 2,131,692. bid is E6 is -0.93, in profit to the included in the as calsulated in exhibit low despite the high damages are negative expected delay and a The total risk premium The risk premium, is relatively This leads to an this 0 value, because case. Actually, the meaning the project is expected to be -109- Exhibit 4.4-6 Construction Costs and Revenues uncertain Evaluation of Stipulated Sum contracts - High level of information Contract Form: P = S - d*S*A 8 = Effort Level: j = 6 Expected Delay: d = -0.93 0.70 1.893.647 Payoffs to Contractor Stipulated Sum (Bid) E(Liquidated damages) Contractor Payoff P Less: Effort Contractor Profit Contractor Utility 605,000 (1,231,439) 1,836,439 1,200,000 636.439 0.4009 Payoffs to Owner E(NPV/Ej) Less: Less: Less: Plus: Fixed Fee Effort Risk Premium Liquid. damages 3,968,131 206,884 1,200,000 (801,884) (1,231,439) Owner Profit 2,131,692 Owner Utility 2,131,692 Total Risk Premium 429,555 -110finished almost one semester ahead of schedule. is obtained by components, cost disaggragating the payment to the the expected net present value, of effort, The risk premium owner in five the fixed the unadjusted risk premium and fee, the the liquidated damages. OP = NPV - Fi - EJ - Ru + LD OP = NPV - P LD are the liquidated damages; other notations are as before. P = Fi + EJ + Ru - LD CP = P - Ej = Fi + Ru - LD Since we have also: P = S - LD OP = NPV - S + LD we get Thus the unadjusted risk premium can also be written as Ru = S - Fi The total risk Ej. - premium is equal to the unadjusted risk premium minus the liquidated damages. OP = NPV R = Ru Fi - Ej - (Ru - LD) - LD Best contracts are determined exposed in section 4.2. by following The best stipulated sum the procedure contract gives FF 341,549 more profits to the owner than the best profit sharing contract. case of scenario, This represents a difference of 19% in profits. In the a high quality and quantity of design information the stipulated sum contract is a better contract type -111- than the profit sharing contract. show that the Maximum Cost Appendices # 4.4-9 to plus Fee contract is # 4.4-12 the optimal contract type. The precise definition of the contract is also stipulated sum contract with a liquidated damages to 0.24 leads to a profit to the owner of FF equal to 0.70 leads to 7.5% be much higher defined by contract. 0 with = is Choosing 0 = factor 0 equal 1,984,287. Thus 0 more profits; this difference would other values 0.24 important: a of actually 0.15 0 because the second the contract best possible or 0 = 1.00 would lead to owner's profits respectively equal to FF 1,604,111 and FF 1,483,933. best contract gives 33% and 44% more profits respectively. The Note also that some values of 0 leads to negative expected profits for the owner. can turn contract. This means that a potentially very profitable project to The be unprofitable because possibility for losses profit sharing contract. of a poorly designed is even greater for the For y equal to 0.70, profits fall to FF 113,135 or almost 19 times less than the optimal contract. Risk premiums play a very the optimal contract, big role in the as shown profit sharing contract, in # 4.4-7. For the the risk premium increases dramatically with the profit sharing factor p, stipulated sum contract. exhibit determination of whereas it stays lower for the 0 w w 4P 4P 0 0 Total Risk Premiums High Level of Information A . 35A / 3. 7. / / / .7 -x 2.5 U1 . 7 0 7 7 9C.8 7 1.5 x 0 . 4.J I 7 7- -7 U. 5 a 0.2 0 xK Prof it Sharing 0.4 t and u Factors v 0.6 0.8 Stipulated Sum I -113- Let us analyze the risk structure in consider total premiums. premium, risk premiums more rather details. than We now unadjusted risk The risk premium is composed of the construction risk the general development risk premium and the revenues risk premium. For the stipulated sum contract, the construction risk premium is a constant, since the contractor bears all construction risks; For the high level of information scenario, this premium is equal to FF 37,200. borne by This figure represents all the contractor. construction risks For the profit sharing contract, the construction risk premium is equal to this maximum premium times the square of the profit sharing Please refer to # appendix factor p (to 4.4-B for a the first order). demonstration of this result and for precise expressions of risks premiums. Thus, for p = 0, the construction risk premium is 0, and for p = 0.50, this risk premium equals FF 9,300. for the profit sharing The premium will always be smaller contract than for the stipulated sum contract. The revenues risk premium is zero for the stipulated sum contract and rises rapidly with p for the profit this premium is easily compute zero the for the stipulated general stipulated sum contract. premium minus development It is simply values ot This 0. sum contract, risk premium equal to the construction risk premium. general development risk premium is 37,200). sharing contract. risk premium FF 392,355 we can for the the total risk For 0 = 0.70 the (FF 429,555 - FF can be computed similarly What is the value of the Since for all general development risk -114- premium for the profit sharing analysis done in the part are fixed than for 4.3 An Academic Case, the numerically stipulated contract? According to the , Construction Costs and Revenues this premium is sum contract. equal because the liquidated exactly the same The premiums damages lump are sum has been set to the difference of NPVs from one delay scenario to the next. Thus the liquidated damages are exactly equal to the share of profits/losses the contractor gets with the profit sharing contract. Note also that this identity of risk premiums is true for risk total premiums, not for unadjusted risk premiums. Anyway, we are concerned with these total risk premiums. Thus we know the construction development risk premiums. premium is zero revenues risk for the risk and We also know that the stipulated premium for the profit easy to compute. premiums It is simply sum the general revenues risk contract. sharing equal to the Now, the contract is very total risk premium minus the construction risk premium minus the general development risk premium. 1,539,849 For p = 0.70, the revenues risk premium is FF (FF 1,950,432 - FF 18,228 - FF 392,355). The following table gives a summary of the previous results. Table 4.4 Total Risk Premiums Type of risk 1-Construction risk Stipulated Sum constant CRP FF 37,200 Profit Sharing fraction of CRP p^2 * CRP -1152-General Total premium - CRP development same as for SS GDRP GDRP risk 3-Revenues zero premium risk Total premium FF 0 - u^2*CRP - GDRP The striking fact is the rapidly rising revenues risk premium for the profit sharing contract. The next section examines the the ESIEE project, available is but lower. The which the study will level similar to of information emphasize the differences just studied. with the case we have 4.5 for case of a project Average Level of Design Information - Evaluation of Contracts: A project equivalent to the ESIEE project, but for which the level of design information available would be only average, is described by the results presented in exhibits # 4.5-1 to # 4.5-3 and appendices # 4.5-1 to # 4.5-16 . The optimal contract is not the stipulated sum contract anymore, but the commonly used profit sharing contract. contract is Interestingly widely used in enough, the USA, the profit sharing whereas the stipulated sum contract is more used in France. For the scenario considered in this section, the best profit sharing contract is defined by a profit sharing factor p equal to 0.14, an effort level ES or FF 410,000. total expected profit to the owner of This contract leads to a FF 1,427,605 out of an -116- expected NPV of FF 2,172,954. The risk premium is The best stipulated sum contract 0.14. is FF 128,465. also defined by 0 equal to This contract leads to an effort level of E5 or FF 410,000 and an expected NPV of FF 2,172,954. The owner's profit is now FF 1,012.991. Therefore the contract with p = the Maximum optimal 0.14. contract contract. Please details). This the profit sharing (More exactly, the optimal contract is Cost plus Fee contract, owner of FF 1.498,356. is which gives profits to the or FF 70,751 more than the profit sharing see profit appendices # 4.5-13 # to sharing contract gives 4.5-16 for FF 414.614 more profits to the owner than the best stipulated sum contract , or a surplus of about 41%. sharing factor is The determination of essential, the right profit because the profit to the owner decreases dramatically when p diverges from the optimal 0.14, as shown in exhibit # 4.5-1. 585,432 and (1,471,678). at 0.12 the owner At 0.13, profits are only FF can expect a loss of FF When p increases, profits decrease from the optimal value to FF 103,125 at p = 0.45 For the stipulated sum contract, similar as value of shown in exhibit # and FF (233,523) the pattern of 4.5-2 . at p = 0.50. profits is very However, the owner can expect positive profits for a value of 0 between 0.13 and 0.65, a somewhat larger contract. range of values than The reason is simply that the less rapidly in the case of for the profit sharing risk premium increases the stipulated sum contract than in A W W 0 l = op S 40 Profit Sharing Contracts Average Level of Information 2 1 .427,605 m I 0 U- 0 C 0 -1 a- I I-j Lfl N I- 0 -4 -5 0 0.2 0.4 0.6 Profit Sharing Factor p o Owner's Profit 0.0 1 W 0 0 0 W op 0 W Stipulated Sum Contracts Average Level of Information 1.2 1,012,991 1 0.8 0.4 - -N 0.*2 U. F. 0 - 14- 0) 5.. 0 _ -N -N -0.4 a.0 __N -0.2 H-A OD I -0.6 LJ1 -0.8 t~3 -1 -1.2 -1.4 - -1.6 -1.8 -2 0 0.2 0.4 0.6 Liquidated Damages Factor 0 o Owner's Profit 0.8 1 a w w a a w 0 0 w Total Risk Premiums Average Level of Information -I / / 5- / / LL / 4 0) M) / C a. A 7' x // // C- V I-. i.0 -3N 24-I 0 (Ia ~ '7 0 ~~q4~V +T, g - I 0.2 0 x Profit Sharing I I I I 0.4 0.6 0.8 0 and p Factors V Stipulated Sum I -120- the case of the profit the contractor sharing contract. bears no revenue This happens because risk in stipulated sum contract. Please see exhibit Why is stipulated the profit sharing sum contract, despite the better this information. case Now, of average quality and quantity the contractor has to the profit the value of Ii. are FF 0 the and FF 497,500 stipulated sum are very of these This share depends on p and 0 are zero, the risks premiums respectively for the profit sharing and contracts. Because difference and despite the fact that more quickly - the bear all construction sharing contract. Thus when than of design risks with the stipulated sum contract and only a share risks with the previous considerations? The main reason is the fact that the construction risks large in of # 4.5-3. contract the case in percentage - of this the risk big initial premium is rising for the profit sharing contract, the risk premium is much smaller at p and 0 equal to 0.14 for the - profit sharing contract sum contract project, the - -. FF 543,079 better The more the profit contractor does not have to - than for the stipulated FF 128,465 uncertainty sharing contract, for the because the bear all construction risks in this case. Of course, smaller expected the lower level of NPV for return to the owner. the design project and information means a a smaller expected The best contract leads to a project NPV of FF 2,172,954 and an owner's profit of FF 1,427,605 in the average level of 3,968,131 information scenario, and FF 2,131,692 whereas these figures were FF respectively for the other scenario. -121- the probabilities of early or on time completion are less; First, and second, risk the accept the job are higher the 429,555 and FF because uncertainty is the best For project. 128,465 contractor to demanded by the premiums for information respectively. risk contracts, the high and now higher for premiums average are FF levels of As a percentage of total NPV for the project, these risk premiums represent 10.83% and 6.03%. The risk premium seems higher in the high only because the best contract is of 1 and p. value For 0 = 0.14, for the profit level of information scenario not defined by the same value which corresponds to the optimal p sharing contract, the risk premium is FF 64,000 or only 3% of the FF 2,125,613 expected NPV. The scenario studied in this section allowed us to profit sharing contract is a better contract sum contract when the quality information is only average. and the show that the than the stipulated quantity The ESIEE project of design provided a very concrete example for this assertion. 4.6 Information Level & the Optimal Contract Type: This thesis has demonstrated the critical role played by the amount of contract design information available for definition process. a More precisely, project in the if construction costs are uncertain, then a well designed Stipulated Sum Contract will be optimal information is when high, the quantity and quality of whereas a Profit Sharing Contract optimal when this information is poor or average. design will be -122- creates enough optimal, when it to incentives the contractor by giving him the is type a contract shown that We have The optimal contract will thus be right amount of risk to bear. designed so as to lead to the minimum risk premium amount attached Since the incentives. of to the three types of premium that the contractor will sum of the for the right risks premiums risk determines the consider to make final risk his bid, this thesis has demonstrated the following assertions. For a given level of level of design information, revenues uncertainty, the higher the the higher the probability that the risk premium will be smaller for the Stipulated Sum contract than for the Profit Sharing Contract. For a given level of design information, the higher the the higher the probability that the risk premium will be smaller for the Profit Sharing Contract than for certainty of revenues, the Stipulated Sum Contract. 4.7 Contract Parameter Determination: In this section, real contracts, as we shall evaluate the they were determined for the ESIEE project. the Chamber of Commerce was The contract used by a Stipulated Sum contract, in which Liquidated Damages were determined as follows: - from the first to the 6th day: FF 500 - from the 7th to the 15th the contract price, day: FF 1,000 plus 1/10,000 of -123- - FF 1,500 plus 1/3,000 of the contract from the 16th day: price. and the bid will Since Base construction costs are FF 34,100,000 we can assume a total contract price of be less than FF 700,000, about FF 34,800,000. Thus the liquidated damages will be the encompassed in the various following for the delay scenarios study: Table 4.7-1 ESIEE Contract Incremental Liquidated Damages Delay Scenario One semester FF 2,200,340 Two semester FF 2,335,500 On time FF 0 FF (1,167,750) minus one semester completes the When the contractor schedule, the of ahead job bonuses are only half of what would have been the penalties for a delay of length. the same by characterized information, we a have contract was modelled For the high quality seen that by a ESIEE and the quantity optimal and a liquidated damages factor 0 equal to 0.70. bonuses of This definition and penalties Table 4.7-2 Designed Optimal Contract One semester Incremental Liquidated Damages FF 1,325,553 sum FF 1,893,647 for the designed contract: Delay Scenario design stipulated liquidated lump sum of of liquidated damages gives the following which is project, -124- Two semester FF 1,325,553 On time FF 0 FF (1,325,553) minus one semester The real ESIEE contract gives too much thus down-side and too little on the up-side. given definition of damages factor 0 equal to 116% incentives on the On the downside, the the penalties corresponds to a liquidated much more than the optimal 70%. On the upside, the given definition of the bonuses corresponds to a liquidated damages factor 0 equal to 62%, a bit less than the optimal 70%. The first question to address is whether the contractor will still choose the highest level the ESIEE contract. the second of effort with the definition of Knowing the effort level of the contractor, question to address is how much more the contractor will bid for the project. A higher bid will result, because the deviation from the optimal contract means a included in the contract. Answers to higher risk premium both questions are presented in exhibit #4.7-1 and #4.7-2. Because the incentives to complete the job ahead of schedule the contractor chooses effort are not enough anymore, Indeed, E6 level E5. contractor's utility is higher choosing E5 than choosing Thus the expected net present value is FF 2,680,451 by 0.08. instead of FF 3,968,131 for the optimal contract. The risk premium reaches a value of FF 318,116. Total expected contract are thus than the higher profits to FF 1,198,490. profits got with the owner with These profits the designed the real ESlEE are much lower contracts, since -125- Exhibit 4.7-1 The ESIEE Contract Stipulated Sum Contract - With partial Liquidated Damages Contract Form: P = S - LD P is the payment to the contractor S is the Stipulated Sum resulting from the bidding process LD are the liquidated damages LD are calculated as follows: LD Delay 2 semesters 2 * 0- * A 61 semester On time - 8+ -1 semester A is a lump sum, d is the delay * A 0 P = A = S - d*8*A 1,893,647 * A and 0+ and 0- 0.62 = = 1.16 Contractor's Utility Function U = 1.016492 - 1.016492 exp[-0.00000241714*Y] Y is the net profit; Y = S - LD - El Minimum Fee to Hire Contractor is Umin = .4 or a net profit of FF 206,884 Contractor's Action Choice Variations in Construction Costs Probability 0.25 0.50 0.25 Delta ( CC ) 250,000 0 (250,000) Contractor Utility Computations Minimum Bid Effort Level 935,000 El 935,000 E2 935.000 E3 935,000 E4 935.000 E5 935,000 E6 j = Contractor chooses level of effort Ej, Minimum Utility for Contractor is .4 Thus Minimum Bid over base construction costs is Utility -4510.3218 -1096.2897 -202.0343 -82.6646 0.4014 0.3291 5 935,000 Base construction costs are FF 34,100,000 d = Expected completion delay is d, Total Value of the project to the Owner is E(NPV,Ej/Ej) - P = -0.249 1,198,490 -126- Exhibit 4.7-2 Evaluation of the ESIEE Stipulated Sum contract Contract Form: P = 0+ = 3- = S - d*B*A Effort Level: I = 5 Expected Delay: d = -0.25 0.62 1.16 1,893,647 Payoffs to Contractor Stipulated Sum (Bid) E(Liquidated damages) 935,000 (546,961) Contractor Payoff P Less: Effort 1,481,961 410.000 Contractor Profit 1,071,961 Contractor Utility 0.4014 Payoffs to Owner E(NPV/Ej) Less: Less: Less: Plus: Fixed Fee Effort Risk Premium Liquid. damages 2,680,451 206,884 410,000 318,116 (546.961) Owner Profit 1,198,490 Owner Utility 1,198.490 Total Risk Premium 865.077 -127- the highest profits are FF 2,131,692. as FF (933,202) The difference is as high or 44% less profits. The optimal contract brings almost twice as much profits to the owner as the ESIEE contract. The ESlEE contract penalizes reward enough early completion. the thesis 'Incentives Design may well not be a delays too much and does not As we shall see in the and the Legal part of Framework', misunderstanding of the risk reasons allocation and incentives design issues. The profit other possible contract for the ESIEE sharing contract contract is modelled maximum cost equal used by a by This in fact a with a profit sharing factor V This contract would be very close to the optimal profit sharing contract for which the profit sharing 0.24. was the government. profit sharing contract, plus fee contract, to 0.25. the French project factor p is With this contract the owner can expect a profit of about FF 1,790,000. This real contract would thus be a better contract for the ESIEE project than the ESIEE contract. 600,000 or 50% more profits to the owner. It would bring FF This contract, however, is still not optimal, as seen before, since it generates FF 342,000 or 16% less profits than the optimal contract. This section clealry shows that it choose the right type of contract, the incentives included in only to but merely to design properly the contract. the contract parameters is thus The determination of an essential step in of a good construction building contract. one we have just studied, is critical not the design In some cases like the it can be more profitable to the owner -128- to choose the second best type of contract and in an optimal fail way than to choose the optimal contract type but to in the design of the contract incentives. Our initial question was: in the construction building has given many hints to contract and evaluate steps. all design incentives type How to design an optimal contract industry? perform this This part of the thesis task incentives well. are the Choose the most important We have also seen that this was not an easy task anyway, the more because the real complexity than the simple world is characterized model used in by far more this study can encompass. 4.8 The trade-off between optimal and legal incentives: In the previous section of the thesis, we saw that the ESIEE contract, contract though to not a the owner. 'bad' contract, was Indeed the expected project were far from the maximum possible not profits an optimal from the profits. Although the ESIEE contract was of the optimal type, a stipulated sum contract in this case information, to of very high quality and quantity of design the contract did not include the optimal incentives the contractor. More specifically, little incentives on the up-side the contract gives too and too much on the down-side. Bonuses and penalties were defined by an equivalent 0 of 0.62 and 1.16 respectively, instead of the 0.70 optimal value. -129- The 1.16 0 figure penalties of 1/3000 corresponds approximatively of the total contract value; figure to daily bonuses of 1/6000 the legal chosen by the owner when designing the CCAG ('Cahier stipulates des Clauses the following And the 0.62 0 of this contract value. These penalties and bonuses are actually The to daily limits that can be contract. More precisely, Administratives rules, among others, Generales') for the delay penalties and the early completion bonuses: (1) In case of completion penalty of 1/3000 otherwise delays the value of the contract is stipulated by the CCAP Administratives Particulinres'). the contractor for public as soon as works, a delay enforced, if not ('Cahier des Clauses These penalties are incurred by delays are recorded and without any compulsory pre-notification by the owner. (2) In the exceptional case when completion and the works are not annoying for the collectivity, penalties can be reduced by a particular such a case, the owner's decision justified in the market transaction date is unimportant clause of the should be the delay CCAP. In documented and report. (3) The 1/3000 rate can be considered as an average minimum rate, which can be raised if particularly urgent: particularly annoying beginning of operations is either for the because works collectivity; considered as execution or because is a completion delay implies losses of revenues for the project. (4) The total penalties for limited upward. a particular project should not be -130- (5) a completion The agreement on at interests contract the hand, bonuses for early completion dates. bonuses in the include two situations: usually taking various date should normally not include contract for early when early it is possible to However, completion completion in either diminish an to allows excessive annoyance to the collectivity and when early completion allows to get more revenues from the project. (6) they are usually When bonuses are included in the contract, set to half the delay of penalties. Any greater incentives should be documented and justified. The previous rules clearly show the difficulties in defining an optimal contract. In these rules naturally tend little bonuses. some to cases, give like the ESIEE project, too much penalties and too This happens for two principal reasons: First, a 1/3000 ratio for a delay penalty is already a very high penalty, though considered Second, either as a minimum one by induce the not enough, although the 1/3000 high. or too high the 1/6000 ratio for bonuses was ratio for penalties was already The owner had the possibility to the ratio for penalties up to 1/2315 bonus ratio, penalties will owner to choose too low bonuses In the ESIEE case, ratio of French regulation. the limitation of bonuses to half of the penalties. much too the raise further in order to get the optimal computed as 1/4630, or to choose an optimal penalty 1/4630 with an even lower bonus ratio of 1/9260. Finally, any solution chosen by the owner was not optimal. -131- Obviously the fact the bonus that the penalty and ratio ratio are set to different values is not a drawback to the owner. On the contrary, these ratios, than when if the owner had the complete liberty to choose he could certainly get a only one common ratio is ratio is indeed an additional therefore cannot do worse higher expected return chosen. This supplementary degree of liberty to the under this new owner. He assumption. What is annoying to him in the case of the French regulation, however, is the fact that these two ratios that one should be half of are not independent, the other. clearly an example for which the The even more, ESIEE project is legislation does not provide the optimal framework. In any case, strong the enough, (sucessfully) rigidity hopefully, of to French preclude legislation the owner is not from trying to design and implement an optimal contract in the construction building industry. The fact that the Paris Chamber of Commerce chose the recommended figures of 1/3000 and 1/6000 is clearly an for the penalty and indication (although not 100% the bonus ratios certain) that no special study was undertaken to specifying the optimal design for the relevant question, Commerce have A is what actions should the Chamber of then, taken in contract. order to second question relates to current French legislation. sign an the possibility of optimal contract. A evolutions in the -132- 4.9 Toward Optimal The Paris Incentives Implementation: of Chamber Commerce should used have the possibilities for deviating from the generally accepted rules set by the french regulation. are not compulsory, the 1/3000 and 1/6000 ratios Indeed, although any deviation complicates the contracting process. had made a special study to incentives, it been optimal a big job from legislation argument an to report and this respect. becomes weak to explain the deviation contract. optimal contract and In justify optimal ratios for the ESIEE project. the these figures If the Chamber of Commerce determine the would not have from Specifying best the contract automatically gives the arguments to justify its design. One could argue that the French administration easily convinced recommended avoid of designs. problems in the But would not be optimality of large the case is sufficiently simple to most cases. ratios are likely to be unoptimal deviations from However, since the recommended values in almost all cases, a There is no change in the legislation would be helpful. justify deviations from legal ratios at all times. use to Better would be a system with the following characteristics: (i) Allow for the complete independence of the bonus and the penalty ratios. (ii) ratio, with a for the bonus ratio, with a Allow for a range of values for the penalty minimum set much lower than 1/3000. (iii) Allow for a range of values maximum set much higher than 1/6000. -133- (iv) Require justifications only when ratios are set to values outside of these allowed ranges. This system, or a similar one, would give a higher the owner and the contractor for maximizing gotten from a construction project. flexibility to the investment value -134- 5 Conclusion 'In Search of Optimal Contracts in the Construction Building Industry' was an attempt process is not to to prove be neglected for that the contract design the project to be a success and the owner's investment to be valuable. Some factors studied, among influencing which the the optimal quantity and design have quality of information for the project appeared to be critical. influenced by such analyst moral is information. achieved when problems facing the allocation risks which contract specifications is optimal. incentives to the risk bearing contract so as construction of sum contract The role of the financial to design the construction hazard design Indeed the choice of a profit sharing contract or a stipulated was been to solve projects. results This is from the Hence, the contract creates contractor at the least cost to the owner. The complexity of the real world is even much more challenging for the contract designer, who will have to deal with a very large number successful designer will of often contradictory solve these issues, attention to some basic principles. issues. The while still paying -135- 6 Appendices 0 0 0 0 W W W W 0 Cash Flow Projections Complete one semester ahead of schedule - Real Construction Costs = Estimated Costs. Year 0 I 2 Gross Operating Income Less: Operating Expenses Operations Loss/Gain Net Operating Income 3.478.261 3.478,261 Plus: Sales Proceeds Land Purchase Design fees Base Const. Costs (6.500,000) (3,100,000) Before Tax Cash Flow (9,600,000) 3 4 18.000.000 (10.000.000) 0 8.000,000 18.000.000 (10.000.000) 0 8.000,000 0' (16,333,333) (14,666,667) 0 (16,333,333) (11, 188,406) 8.000. 000 8.000.000 '-A L~) Less: Interest Expenses Less: Depreciation Taxable Income Less: Taxes 028% After Tax Cash Flow 0 0 3.478.261 (973.913) (9.600.000) (16,333,333) (12.162,319) 0 I 2 19,857,754 15, 751. 088 (DJ (4.559.013) (2,255.556) 1,185.432 (331,921) (4.495.739) (2.255.556) 1.248.705 (349.637) 7,668,079 7,650,363 Loan Cash Flows Year Funds received Interest Payments Loan's principal reduction Total cash flows 19.857,754 15,751,088 3 4 (4,559,013) (4,495,739) (527.279) (5,086,292) (5,086,292) (590.553) 0 a 0 Cash Flow Projections One semester delay - Real Construction Costs = Estimated Costs. Year 0 I 2 Gross Operating Income Less: Operating Expenses Operations Loss/Gain Net Operating Income 3 0 0 Plus: Sales Proceeds Land Purchase Design fees Base Const. Costs (6,500,000) (3,100,000) Before Tax Cash Flow (9,600,000) 4 18.000,000 (10,000.000) (4,000,000) 4,000.000 18.000.000 (10.000.000) 0 8.000.000 (16, 333, 333) (14,666,667) 0 (16.333,333) (14,666,667) 4,000,000 8.000.000 (4,559,013) (2,255.556) (2,814,568) 788,079 (4,495,739) (2,255,556) 4,788,079 7,650,363 >1 (AJ Less: Interest Expenses Less: Depreciation Taxable Income Less: Taxes 028% After Tax Cash Flow 0 0 0 0 (9,600,000) (16,333,333) (14,666,667) 0 1 2 19,857.754 15,751,088 1,248,705 (349.637) Loan Cash Flows Year Funds received Interest Payments Loan's principal reduction Total cash flows 19,857.754 15,751,088 3 (4,559.013) (527,279) (5,086,292) 4 (4,495,739) (590,553) (5.086,292) W VS V W Ll W SS 0 0 Cash Flow Projections Two semester delay - Real Construction Costs = Estimated Costs. Year Gross Operating Income Less: Operating Expenses Operations Loss/Gain Net Operating Income 0 0 Plus: Sales Proceeds Land Purchase Design fees Base Const. Costs (6.500,000) (3.100.000) Before Tax Cash Flow (9,600.000) 4 3 2 1 0 18,000,OC 0 (10.000. 0C0) (8.000.0C0) 0 (16.333.333) (14,666,667) 0 (16,333,333) (14,666,667) 0 18.000.000 (10.000.000) 0 8.000.000 8.000.000 1- W Less: Interest Expenses Less: Depreciation Taxable Income Less: Taxes 028% After Tax Cash Flow 0 0 0 0 (9.600,000) (16.333,333) (14,666,667) 0 I 2 (4.559,013) (4.495.739) (2.255.556) (2.255.556) (6.814.568) 1.908.079 1.248.705 (349.637) 1,908.079 7.650.363 Loan Cash Flows Year Funds received Interest Payments Loan's principal reduction Total cash flows 19.857,754 19.857,754 3 4 15,751.088 15,751.088 (4,559,013) (527.279) (5,086,292) (4.495,739) (590.553) (5.086.292) W -139- 6.2 Appendix # 3.10 - The Contract Type: Cost plus Fee Contract: For the Cost plus Fee contract, the contractor receives the following profits Yi: Yi/Ej = F - Ej F is the Fee to the contractor., EJ is the effort spent, or overhead expenses. For each level of effort, a complete system of event is described by the unique fee F. Ej is minimum. Obviously, the higher utility is got when The optimal course of action for the contractor is to spend the ninimum level of effort. Stipulated Sum Contract: For the Stipulated Sum Contract, the contractor receives the following profits Yi: Yi/Ej = Yc,d/Ei = S - 0*d*A - SCC - Ej S is the Stipulated factor, A is Sum or the bid, liquidated 0 is damages the liquidated damages lump sum, SCC is the variation of construction costs. For each level of described by effort Ej, a complete system of the four possible delay scenarios d possible construction costs scenarios c. (12) events and Thus there events is the three are twelve possible events from the contractor's point of view. are mutually exclusive and independent These according to previous hypotheses. A particular twelve event is possible described by couples. a {c;d) among the in the case of a high couple For example, level of information for the ESIEE project, the possible couples -140- are the following: 1250,000;-1), f250.000:2), {0;2}, {0;1), (250.000:1), {0;0), {0;-1). 1250,000;0), ((250,000)02), {(250,000):1), {(250,000);0} and ((250,000);-1}. Because events are independent, the probability that a particular couple of events probabilities that occurs is the delay simply the scenario d product occurs and of the that the construction cost scenario c occurs. P({c:d)) = P(c) * P(d) For a given level of effort j: P(c,d)/Ej = Qcj For instance, Pdj * the probability that the project be construction costs lower by FF 250,000 on time with in the case of an average level of information and an effort level E4 is 0.376*0.25 = 0.094 or 9.4% chance of realization. When determining the optimal effort not take the Stipulated constant determined contract, by Sum level, into the bid. the account, Thus, the contractor will choose contractor will because it is a for the stipulated sum the effort level Ej which maximizes the following expression: Max E j c,d Uc(-O*d*A -9CC -EJ) * Pd, j*Qc,j Maximum Cost plus Fee Contract: For the Maximum Cost plus Fee Contract, receives the following profits Yi: Yi/Ej = Yc,d/Ej = p*E('NPVc,d/Ej) - F - Ej This can be written as: Ycd/Ej = P*(NPVd/Ej - 9CC) - F - Ej the contractor -141- p is the profit sharing factor. 'NPVcd is the project's NPV conditional on delay scenario d and construction cost scenario c, F is a franchise fee. For each level of effort, a described by the tour possible possible construction cost (12) complete system of delay scenarios d and scenarios c. events is the three Thus there are twelve possible events from the contractor's point of view. events are mutually exclusive and independent These according to previous hypotheses. A particular event is twelve possible described by a couple {c;dl among the couples, like for the stipulated sum contract. With respect to probabilities of events, we have the same results and properties than for the stipulated sum contract. When determining the optimal effort level, the contractor will not take the franchise fee into account, because it is a constant determined contract, by the bid. Thus, the contractor will for the maximum choose the level cost plus fee of effort which maximizes the following expression: Max E j c,d Uc(p*(NPVd/Ej - SCC) - Ej) * Pd, J*Qc,j Profit Sharing Contract: For the Profit Sharing Contract, the contractor receives the following profits Yi: Yi/Ej = Yc,d,r/Ej = p*NPVc,d,r/Ej - F - Ej This can also be written as: Yc.d,r/Ej = p*(NPVd.r/Ej - &CC) - F - Ej -142- p is the profit sharing realized NPV conditional factor, NPVc,d,r is on construction cost the project's scenario c. delay scenario d and revenue scenario r, F is the franchise fee. For each level described by of effort, the four a complete possible delay system of events is scenarios d. the three construction cost scenarios c and the eleven revenue scenarios r. Thus there are one hundred and thirty two from the contractor's point of view. (132) possible events These events are mutually exclusive and independent according to previous hypotheses. A particular event is 132 described by possible triplets. of information for a triplet fc;d;r) among the For example, in the case of a high level the ESIEE project, a possible triplet is {(250.000):1;7). Because events are independent, the probability that a particular triplet of events probabilities that occurs the is delay simply the scenario d product occurs, of the that the construction cost scenario c occurs and that the revenue scenario r occurs. P((c;d;r)) = P(c) * P(d) * P(r) For a given level of effort j: P(c,d,r)/Ej = Qc, j * Pd, j * Rr, j For instance, {(250,000);1;7) the probability occurs, meaning that the completion with construction costs lower by FF 250,000 FF 1,118,525 (not including the previous triplet one semester late, and revenue scenario variability in construction costs) for an effort level E5 and average level of information is 0.25*0.192*0.1747 = 0.0083856 or a 0.84% chance of realization. -143When determining the optimal contractor will not take it is a effort for the franchise fee into constant determined by sharing contract, level the bid. the job, the account because Thus, for the profit the contractor will choose the level of effort which maximizes the following expression: Max E j c,d,r For each Uc(.*(NPVd,r/Ej - &CC) - EJ) * Pd,J*Qc,j*Rr,j type of contract, we now know the exact process under which the contractor will choose his course of action. The last thing to do for the contractor is to evaluate and submit his bid. -144- 6.3 Appendix # 3.11 - Submitting a bid: We assume that the contractor has chosen effort level Ejo For the Cost plus Fee contract, the fee F will be set so that: Ucmin = 0.4 = Uc (F - Ejo) For the Stipulated Sum Contract, the Stipulated Sum S will be set so that: Ucmin = 0.4 E Uc(S -O*d*A - &CC - Ejo) * Pd,jo*Qc,jo c,d For the Maximum Cost plus Fee Contract, the franchise fee F will be set so that: Ucmin = 0.4 = Uc(p*(NPVd/Elo - &CC) - F - Ejo) * Pd,jo*Qc,jo E c.d For the Profit Sharing Contract, the franchise fee F will be set so that: Ucmin= 0.4= E Uc(p*(NPVd.r/Ejo -&CC) -F -Ejo) *Pd,jo*Qc,jo*Rrjo c,d,r The simple fees F will be contract type. fee F, the stipulated sum S and the franchises the contractor for each These bids will depend on the contract type and the bids submitted by on the level of information available for the ESIEE project. -145- 6.4 Appendix 4.3 - Optimal Ontracts with no uncertainty Appendix 4.3-1 Summary of Results - Optimal Contract Determination No uncertainty Contract Form: P = a NPVd - F Average Level of Information Profit Sharing Factor pi 0.00 0.05 0.10 0.12 0.13 0.14 0.15 0.20 0.30 0.40 0.50 0.60 0.70 0.80 0.81 0.82 0.85 0.90 1.00 Effort Level Ej 0 0 0 0 250,000 410,000 410,000 410,000 410,000 410,000 410,000 410,000 410,000 410,000 410,000 1,200,000 1,200,000 1,200.000 1,200,000 E(NPV/Ej) (1,176.907) (1,176,907) (1,176,907) (1,176,907) 1,190,151 2,172,954 2,172,954 2,172,954 2,172,954 2,172,954 2,172,954 2,172,954 2,172,954 2,172,954 2,172,954 2,638,791 2,638,791 2,638,791 2,638,791 Contractor Profit 206.884 209,155 215,309 218.771 271,720 253,214 259,943 302,591 427,886 608,182 839,477 1,112,772 1,419,068 1,748.363 1,782,093 1,399,809 1,492,972 1,655,912 2,002,791 -146- Appendix 4.3-1 Summary of Results - Optimal Contract Determination No uncertainty Contract Form: P = P NPVd - F Average Level of Information Profit Sharing Factor p Total Risk Owner Profit Premium 0.00 0.05 0.10 0.12 0.13 0.14 0.15 0.20 0.30 0.40 0.50 0.60 0.70 0.80 0.81 0.82 0.85 0.90 1.00 0 2,271 8.425 11,887 64, 836 46,330 53,059 95,707 221,002 401,298 632,593 905,888 1,212,184 1,541,479 1,575,209 1,192,925 1,286,088 1,449,028 1,795,907 (1,383.791) (1,386,062) (1,392,216) (1,395.678) 668,432 1,509,740 1,503,011 1,460.363 1,335.068 1,154,772 923,477 650, 182 343,886 14,591 (19,139) 38,982 (54.181) (217,121) (564,000) -147- Appendix 4.3-2 Construction Costs and Revenues are Fixed Maximum Cost Plus Fee Contract (Profit Sharing) With Partial Liquidated Damages Contract Form: P = 0.14 u NPVd - F P is the payment to contractor NPVd is the Project Net Present Value for Delay Scenario d u is the profit sharing factor F is the Fee reserved by the Owner Contractor's Utility Function U = 1.222 - 1.222 exp[-IOE-6*YJ Y is the net profit; Y = u NPV - Ei Minimum Fee to Hire Contractor is Umin = .4 206,884 or a net profit of FF Contractor's Action Choice Contractor Utility Computations Average Level of Information Before Fee E(U(NPV.E1)/E1) E(U(NPV.E2)/E2) E(U(NPVE3)/E3) E(U(NPV.E4)/E4) E(U(NPV.E5)/E5) E(U(NPV,E6)/E6) = = = = = = -0.5528 -0.5606 -0.5352 -0.4712 -0.4493 -7.1194 Contractor chooses level of effort Ej, Minimum Utility for Contractor is .4 Thus Maximum Fee for franchise is Total Value of the project to the Owner is F + (1-u) E(NPV,Ej/Ej) = After Fee 0.357555571 0.3542929495 0.3649287686 0.391833381 0.4010247681 -2.3997342861 5 (359,000) 1,509,740 -148- Appendix 4.3-3 Stipulated Sum Contract - With partial Liquidated Damages Contract Form: P = S - LD P is the payment to the contractor S is the Stipulated Sum resulting from the bidding process LD are the liquidated damages LD are calculated as follows: LD Delay 2 semesters 2 * 3 * A P = S - d*0*A I semester 13*A 0 A = 1,893,647 On time -1 semester - 6 * A 0.14 A is a lump sum, d is the delay and 3 = Contractor's Utility Function U = 1.016492 - 1.016492 exp[-0.00000241714*YJ Y is the net profit; Y = S - LD - Ei Minimum Fee to Hire Contractor is Umin = .4 206,884 or a net profit of FF Contractor's Action Choice Contractor Utility Computations Average Level of Information Effort Level El E2 E3 E4 E5 E6 Minimum Bid 668,250 668,250 668,250 668,250 668,250 668,250 j= Contractor chooses level of effort Ej, is .4 Contractor Minimum Utility for Thus Minimum Bid over base construction costs is Base construction costs are FF 34,100.000 d = Expected completion delay is d, Total Value of the project to the Owner is E(NPV,Ej/Ej) - P = Utility 0.3576 0.3543 0.3649 0.3918 0.4010 -2.3997 5 668,250 0.019 1,509,741 -149- Appendix 4.3-4 Construction Costs and Revenues are Fixed Maximum Cost Plus Fee Contract (Profit Sharing) With Partial Liquidated Damages Contract Form: P = P is NPVd u is F is u NPVd - F 0.70 u the payment to contractor is the Project Net Present Value for Delay Scenario d the profit sharing factor the Fee reserved by the Owner Contractor's Utility Function U = 1.222 - 1.222 exp[-10E-6*YJ Y is the net profit; Y = u NPV - El Minimum Fee to Hire Contractor is Umin = .4 206,884 or a net profit of FF Contractor's Action Choice Contractor Utility Computations Average Level of Information Before Fee E(U(NPV,E1)/E1) E(U(NPV,E2)/E2) E(U(NPV,E3)/E3) E(U(NPV.E4)/E4) E(U(NPV,E5)/E5) E(U(NPV,E6)/E6) = = = = = = -10.9820 -9.7743 -5.7764 -4.2783 -0.2788 -0.6478 j Contractor chooses level of effort Ej, .4 is Minimum Utility for Contractor Thus Maximum Fee for franchise is Total Value of the project to the Owner is F + (1-u) E(NPV,EJ/Ei) = After Fee -4.6825945119 -4.1089454119 -2.2099909739 -1.498449726 0.4012552931 0.225984663 5 (308.000) 343,886 -150- Appendix 4.3-5 Construction Costs and Revenues are Fixed Evaluation of Contracts - Average Level of Information ----------------------------------------------------------0.70 NPVd - F P = Contract Form: 5 Effort Level: Payoffs to Contractor E(NPV/Ej) Franchise Fee F 2,172,954 (308,000) Contractor Payoff P Less: Effort 1,829,068 410,000 Contractor Profit 1,419,068 Contractor Utility 0.4013 Payoffs to Owner E(NPV/Ej) Less: Fixed Fee Less: Effort Less: Risk Premium Plus: Franchise Fee 2,172,954 206,884 410,000 904,184 (308,000) Owner Profit 343,886 Owner Utility 343,886 Total Risk Premium 1,212,184 -151- Appendix 4.3-6 Stipulated Sum Contract - With partial Liquidated Damages -----------------------------------------------------------------Contract Form: P = S - LD P is the payment to the contractor S is the Stipulated Sum resulting from the bidding process LD are the liquidated damages LD are calculated as follows: Delay LD 2 semesters 2 * 0 * A 1 semester 8 * A P = S - d**A On time 0 A = 1.893.647 -1 semester - 0 * A A is a lump sum. d is the delay and 1 0.70 Contractor's Utility Function U = 1.016492 - 1.016492 exp[-0.00000241714*Y Y is the net profit; Y = S - LD - Ei Minimum Fee to Hire Contractor is Umin = .4 or a net profit of FF 206,884 Contractor's Action Choice Contractor Utility Computations Average Level of Information Effort Level Minimum Bid El E2 E3 E4 E5 E6 Utility -4.6826 -4.1090 -2.2100 -1.4985 0.4013 0.2260 1,854,253 1.854,253 1,854.253 1,854,253 1,854.253 1,854,253 Contractor chooses level of effort Ej, j = Minimum Utility for Contractor is .4 Thus Minimum Bid over base construction costs is Base construction costs are FF 34,100,000 Expected completion delay is d, d = 5 1,854,253 0.019 Total Value of the project to the Owner is E(NPV,EJ/Ej) - P = 343, 886 -152- Appendix 4.3-7 Construction Costs and Revenues are Fixed Evaluation of Stipulated Sum contracts - Average level of information Contract Form: P = S - 0 = d*0*A Effort Level: 1 = 5 Expected Delay: d= 0.02 0.70 1,893.647 Payoffs to Contractor Stipulated Sum (Bid) E(Liquidated damages) 1,854,253 25,186 Less: Effort 1,829,067 410,000 Contractor Profit 1,419,067 Contractor Payoff P Contractor Utility 0.4013 Payoffs to Owner E(NPV/EJ) Less: Fixed Fee Less: Effort Less: Risk Premium Plus: Liquid. damages 2,172,954 206,884 410,000 1,237,369 25.186 Owner Profit 343,886 Owner Utility 343,886 Total Risk Premium 1,212,184 Optim al Contrac t Determination Information Average Level of 1.2 1.1 -4 I 0.9 L. 7; - 0.811, C 0 0.7 H-, 0.6- 0 L&) OD 0.5 - w 8~ e U.3 0.2 0.1 0 I -f 0 0 0.4 .2 1 I I 0.6 0 and m Factors Effort Level Ej I I 0.8 I 1 w 0 w 0 0 0 0 Optimal Contract Average Level of V w w w Determination Information 2.5 2- 1.5 -In 0 F- z 110 a -0.5 -1 -1.5 I i 0 0.4 0.2 0 0 and p Factors + E(NPV/Ej) (FF) 0.8 1 U, 0 a w 0 w a 0 0 L71 0 Optimal Contract Determination 1 Average Level of Information 8 / / 1.4 1.3La. La. / 1.2- U U 0 a, 0.. x / / / 1/ / / ~1... / IQ-, 0.9 / 0.8- oJ H- x / / in (A) I-A 0.6- 0 0.5- 0.40.3 - 0).2 - 7 7 7 / 0.1 0 I2 0.2 I 0.4 0.6 0 and p Factors Risk Premidm I 0.8 I 1 Ln U, w w w , a w l 4P 40 410 S Optimal Contract Determination Average Level of Information 2 1.91.81.7 / 1.6 IL. La. A / / 1.5 1.4 1.3 / 0 7 1.2 FA / / / Iy / QJ H- 0 I'l0 I4 - 0 Q x / 0 4j3 LAJ 7 I-A 0.6 0.830.- A 0.4 - 0.20.1 - u 0 0.4 0.2 o 0 .6 0 and p Factors Contractor's Profit 0.8 1 U, 0ON 0 0 0 0 0 ul W Optimal Contract Determinc tion Av erage Level of Information 1.5 25 01, 0 . 1 0 QJ x 1 0.5 -J. -4 10 0 I-a t%) -1.15 TN -1 -1.5 I 0 I 0.2 I I I 04 0.6 0.8 0 and p Factors OContractor's Profit x Owner's Profit I Lfl -158- Appendix 4.3-13 Summary of Results - Optimal Contract Determination No uncertainty Contract Form: High Level of Profit Sharing Factor p 0.00 0.03 0.04 0.09 0.10 0.15 0.20 0.23 0.24 0.30 0.40 0.50 0.60 0.69 0.69 0.70 0.80 0.90 1.00 Effort Level Ej 0 0 50,000 50,000 250,000 250,000 250,000 250,000 410,000 410,000 410,000 410,000 410,000 410,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 P = p NPVd - F Information E(NPV/Ej) (1,479,890) (1,479,890) (12,314) (12,314) 2,125,613 2,125,613 2,125,613 2,125.613 2,680,451 2,680,451 2,680,451 2,680,451 2,680,451 2,680,451 3,968,131 3,968,131 3,968,131 3,968,131 3,968,131 Contractor Profit 206,884 207,603 208.507 214,892 218.561 234,842 257,123 274,891 249,308 270,135 312,180 363,226 422,271 484,511 583,010 598,692 775,505 993,318 1,247,131 -159Appendix 4.3-13 Summary of Results - Optimal Contract Determination No uncertainty Contract Form: P = u NPVd - F High Level of Information Profit Sharing Factor u 0.00 0.03 0.04 0.09 0.10 0.15 0.20 0.23 0.24 0.30 0.40 0.50 0.60 0.69 0.69 0.70 0.80 0.90 1.00 Total Risk Premium 0 719 1,624 8,008 11,617 27,958 50,239 68,007 42,424 63,251 105,297 156,342 215,387 277,627 376,127 391,808 568,621 786,434 1,040,247 Owner Profit (1,686,774) (1,687,494) (270,821) (277,206) 1,657.051 1,640,771 1,618,490 1,600,722 2,021,143 2,000,316 1,958,271 1,907,226 1,848,180 1,785,940 2,185,121 2,169,439 1,992,626 1,774,813 1,521,000 -160- Appendix 4.3-14 Construction Costs and Revenues are Fixed Maximum Cost Plus Fee Contract (Profit Sharing) With Partial Liquidated Damages Contract Form: P P is NPVd u is F is 0.70 u= u NPVd - F the payment to contractor is the Project Net Present Value for Delay Scenario d the profit sharing factor the Fee reserved by the Owner Contractor's Utility Function U = 1.222 - 1.222 exp[-1OE-6*Y] Y is the net profit; Y = u NPV - El Minimum Fee to Hire Contractor is Umin = .4 206,884 or a net profit of FF Contractor's Action Choice Contractor Utility Computations High Level of Information After Fee Before Fee E(U(NPVEI)/EI) E(U(NPVE2)/E2) E(U(NPVE3)/E3) E(U(NPVE4)/E4) E(U(NPVE5)/E5) E(U(NPVE6)/E6) = = = = = = -148.00325398 -40.034437071 -11.8480826784 -3.3686897936 0.3929155677 0.4000600446 -12.9645 -2.8349 -0.1905 0.6051 0.9580 0.9587 j Contractor chooses level of effort Ej, Minimum Utility for Contractor is .4 Thus Maximum Fee for franchise is Total Value of the project to the Owner is F + (1-u) E(NPV,EJ/Ej) = = 6 979,000 2,169,439 -161- Appendix 4.3-15 Construction Costs and Revenues are Fixed Evaluation of Contracts - High Level of Information Contract Form: P = Effort Level: j = 0.70 NPVd - F 6 Payoffs to Contractor E(NPV/Ej) Franchise Fee F 3,968,131 979.000 Contractor Payoff P Less: Effort 1,798,692 1,200,000 Contractor Profit Contractor Utility 598,692 0.4001 Payoffs to Owner E(NPV/Ej) Less: Fixed Fee Less: Effort Less: Risk Premium Plus: Franchise Fee 3,968, 131 206,884 1,200,000 1,370,808 979,000 Owner Profit 2,169,439 Owner Utility 2,169.439 Total Risk Premium 391,808 -162- Appendix 4.3-16 Stipulated Sum Contract - With partial Liquidated Damages -----------------------------------------------------------------Contract Form: P = S - LD P is the payment to the contractor S is the Stipulated Sum resulting from the bidding process LD are the liquidated damages LD are calculated as follows: LD Delay 2 * 0 * A 2 semesters P = S - d*3*A 0*A I semester 1,893,647 A = 0 On time - 0 * A -1 semester 0.70 A is a lump sum, d is the delay and 3 = Contractor's Utility Function U = 1.016492 - 1.016492 exp[-0.00000241714*YJ Y is the net profit; Y = S - LD - Ei Minimum Fee to Hire Contractor is Umin = .4 206.884 or a net profit of FF Contractor's Action Choice Contractor Utility Computations High Level of Information Effort Level Utility Minimum Bid El E2 E3 E4 E5 E6 -148.0035 -40.0345 -11.8481 -3.3687 0.3929 0.4001 567,253 567,253 567,253 567,253 567,253 567,253 Contractor chooses level of effort EJ, j = 6 Minimum Utility for Contractor is .4 Thus Minimum Bid over base construction costs is Base construction costs are FF 34,100,000 Expected completion Delay is d. Total Value of the project to the Owner is E(NPV,Ej/Ej) - P = d = 567,253 -0.929 2,169,439 -163- Appendix 4.3-17 Construction Costs and Revenues are Fixed Evaluation of Stipulated Sum contracts - High level of information Contract Form: P = 0.70 1,893.647 S - d*O*A Effort Level: j = 6 Expected Delay: d = -0.93 Pavoffs to Contractor Stipulated Sum (Bid) E(Liquidated damages) Contractor Payoff P Less: Effort Contractor Profit Contractor Utility 567,253 (1,231,439) 1,798,692 1,200,000 598,692 0.4001 Payoffs to Owner E(NPV/Ej) Less: Fixed Fee Less: Effort Less: Risk Premium Plus: Liquid. damages 3,968,131 206.884 1,200,000 (839,631) (1,231,439) Owner Profit 2,169,439 Owner Utility 2,169,439 Total Risk Premium 391,808 -164- Appendix 4.3-18 Construction Costs and Revenues are Fixed Maximum Cost Plus Fee Contract (Profit Sharing) With Partial Liquidated Damages Contract Form: P = P is NPVd u is F is u NPVd - F 0.14 u the payment to contractor is the Project Net Present Value for Delay Scenario d the profit sharing factor the Fee reserved by the Owner Contractor's Utility Function U = 1.222 - 1.222 exp[-10E-6*YJ Y is the net profit; Y = u NPV - El Minimum Fee to Hire Contractor is Umin = .4 or a net profit of FF 206,884 Contractor's Action Choice Contractor Utility Computations High Level of Information Before Fee E(U(NPV,E1)/Ei) E(U(NPV,E2)/E2) E(U(NPV,E3)/E3) E(U(NPV,E4)/E4) E(U(NPV.E5)/E5) E(U(NPV.E6)/E6) = = = = = = After Fee -0.6757 -0.1872 -0.1902 0.0578 -0.1308 -3.8931 Contractor chooses level of effort Ej, j Minimum Utility for Contractor is .4 Thus Maximum Fee for franchise is Total Value of the project to the Owner is F + (1-u) E(NPV,EJ/Ej) = -0.0707948532 0.2431004015 0.2411526729 0.4004740524 0.2793070814 -2.1380529823 = 4 (183,000) 1,645,027 -165- Appendix 4.3-19 Construction Costs and Revenues are Fixed Evaluation of Contracts - High Level of Information Contract Form: P = Effort Level: j = 0.14 NPVd - F 4 Payoffs to Contractor E(NPV/Ej) Franchise Fee F 2,125.613 (183.000) Less: Effort 480,586 250,000 Contractor Profit 230,586 Contractor Payoff P Contractor Utility 0.4005 Payoffs to Owner E(NPV/Ej) Less: Less: Less: Plus: Fixed Fee Effort Risk Premium Franchise Fee 2,125,613 206.884 250.000 (159,298) (183.000) Owner Profit 1,645,027 Owner Utility 1,645,027 Total Risk Premium 23,702 -166- Appendix 4.3-20 Stipulated Sum Contract - With partial Liquidated Damages Contract Form: P = S - LD P is the payment to the contractor S is the Stipulated Sum resulting from the bidding process LD are the liquidated damages LD are calculated as follows: Delay LD 2 semesters 2 * 3 * A I semester 6 * A P = S - d*6*A On time 0 A = 1,893,647 -1 semester - 1 * A A is a lump sum, d is the delay and 1= 0.14 Contractor's Utility Function U = 1.016492 - 1.016492 exp[-0.00000241714*Y) Y is the net profit; Y = S - LD - Ei Minimum Fee to Hire Contractor is Umin = .4 or a net profit of FF 206,884 Contractor's Action Choice Contractor Utility Computations High Level of Information Effort Level El E2 E3 E4 E5 E6 Minimum Bid 492.250 492,250 492,250 492,250 492,250 492,250 Contractor chooses level of effort Ej, = Minimum Utility for Contractor is .4 Thus Minimum Bid over base construction costs is Base construction costs are FF 34,100,000 Expected completion Delay is d, d = Total Value of the project to the Owner is E(NPV,EJ/Ej) - P = Utility -0.0708 0.2431 0.2412 0.4005 0.2793 -2.1381 4 492,250 0.044 1,645,028 -167- Appendix 4.3-21 Construction Costs and Revenues are Fixed Evaluation of Stipulated Sum contracts - High level of information Contract Form: P = S - d*0*A 0.14 1,893,647 Effort Level: j = 4 Expected Delay: d= 0.04 Payoffs to Contractor Stipulated Sum (Bid) E(Liquidated damages) 492,250 11,665 Less: Effort 480.585 250,000 Contractor Profit 230,585 Contractor Payoff P Contractor Utility 0.4005 Payoffs to Owner Less: Risk Premium Plus: Liquid. damages 2,125,613 206,884 250,000 35,366 11,665 Owner Profit 1,645,028 Owner Utility 1, 645, 028 EtNPV/Ej)% Less: Fixed Fee Less: Effort Total Risk Premium 23,701 qp 0 0 w 0 w 0 Optim IlContract Determi nation High Level of Information RR 1.2- 1.1 R H - 100.9La. W FA 0.8 - 0.7 - - oJ 00.6 - x 0 0.5 - LiJ wa 0.4 - 0.3 - o.2 - I-i. r~3 t~3 to CM c 0.1 00 0.4 0.2 0 0.6 0 and p Factors Effort Level Ej 0.8 1 I-. w 0 0 0 Sw w 0 0 0 Optim al Contract Determination High Level of Information 4 mo m& 3- E 2- LL. 0 w QJ I.-'. x 1 z wi (JJ 0 N) -t L~) -1 -2 . 0 I 0.2 0.4 O.G 0 and p Fac tors + E(NPV/Ei) (FF) 0.8 1 I 0 0 0 0 w w a Optimal Contract Determination High Level of Information 1.1 / n.9 / / / / 0.8 K - LL La. 0.7 U U - U, / 0 a' I.. aU, / 1.6i 0.5 - 0.4 - 0.3 - u.2 - / I / / 0.1 -A 0 -- Q4 i i 0.2 0.4 4 i I 0.6 0 and u Factors Risk Premium I ~~4 -A) 0 / I 0.8 I 1 0 a 0 w IV w w a 0 Optima 1 Contract Determination High Level of Information 1 3 A 1.2 / / / LL. / LL. / / / 0.9- 0 9.4 CL 'A / 0.8- 0 0 / 0.7- / / / x / (Ji 0.5 - 0.4 - 0.3 - 0.2 'I 0 I 0. 2 0.4 9 0.6 0 and p Factors Contractor's Profit -I I-A (A / o.6- '-I 0.8 1 W 0 0 W W 0 W W Optima I Contract Determination 2.5 High Level of Information - 2 1.5 - ........ in U (U 0 a- :0 1%) 0.5 La. -c (J6 U 0 a' '-I La. -0.5 .................... III -1 -1.5 0 0.2 0.4 6 and p Factors OContractor's *Conractr~sProft Profit 0.6 ) Owner's 0.8 Profit I -173- 6.5 Appendix 4.4A - Optiuml Contracts - High Level of Inf. Appendix 4.4-1 Summary of Results - Optimal Contract Determination Construction Costs and Revenues are uncertain Stipulated Sum Contracts - High level of information Contract Form: Liquidated Damages Factor 0 0.00 0.03 0.04 0.09 0.10 0.15 0.20 0.23 0.24 0.30 0.40 0.50 0.60 0.68 0.69 0.70 0.80 0.90 1.00 Effort Level El 0 0 50,000 50,000 250.000 250.000 250,000 250,000 410.000 410,000 410.000 410,000 410,000 410,000 410.000 1,200,000 1,200,000 1,200,000 1.200,000 P = S - 0*d*LD Bid S 244.100 355.000 385.000 502.000 514.000 534,000 561,000 581,000 583,000 576,000 571,000 574,000 587,000 604,000 606,000 605,000 606,000 647,000 725,000 E(NPV/Ei) (1.479.890) (1,479.890) (12,314) (12.314) 2,125,613 2.125,613 2,125,613 2,125,613 2,680,451 2,680,451 2,680.451 2,680.451 2,680,451 2.680,451 2,680,451 3,968,131 3,968,131 3,968,131 3,968,131 -174- Appendix 4.4-2 Summary of Results - Optimal Contract Determination Construction Costs and Revenues are uncertain Stipulated Sum Contracts - High level of information Contract Form: P = S - O*d*LD Owner Profit Total Risk Liquidated Damages Contractor Profit Premium 0 Factor -----------------------------------------------------------------(1,723,990) 37,216 244,100 0.00 (1,724,226) 37,451 244,335 0.03 (308.464) 39,266 246,150 0.04 (314,402) 45,204 252,088 0.09 1,619,945 48,784 255,668 0.10 1,604.111 64,618 271,502 0.15 1,581,277 87,452 294,336 0.20 1,563,776 104.952 311,836 0.23 1,984.287 79,280 286,164 0.24 1,962,996 100.571 307,455 0.30 1,920,844 142,723 349,607 0.40 1,870,692 192,875 399,759 0.50 1,810,540 253,027 459,911 0.60 1,755,819 307,748 514,632 0.68 1,749,104 314,463 521,347 0.69 2,131,692 429,555 636,439 0.70 1,954,773 606,474 813.358 0.80 1,737,853 823.394 1,030,278 0.90 1,483,933 1,077,314 1,284,198 1.00 -175- Appendix 4.4-3 Summary of Results - Optimal Contract Determination Construction Costs and Revenues are uncertain Profit Sharing Contracts - High level of information Contract Form: Profit Sharing Factor p 0.00 0.03 0.04 0.09 0.10 0.15 0.20 0.23 0.24 0.30 0.40 0.50 0.60 0.68 0.69 0.70 0.80 0.90 1.00 Effort Level Ej 0 0 50,000 50,000 250,000 250,000 250,000 250,000 410,000 410,000 410,000 410,000 410,000 410,000 410,000 410,000 410,000 410.000 410,000 P = u NPVcd,r - F Franchise Fee (206.884) (256,000) (266,000) (300,000) (297,000) (256,000) (242,000) (247,000) (247,000) (232,000) (265,000) (360,000) (505,000) (651,000) (671,000) (691,000) (914,000) (1,169,000) (1,456,000) E(NPV/Ej) (1,479,890) (1,479,890) (12,314) (12,314) 2,125,613 2.125,613 2,125,613 2,125,613 2,680,451 2,680,451 2,680,451 2,680,451 2,680,451 2,680,451 2,680,451 2,680,451 2,680,451 2,680,451 2,680,451 -176- Appendix 4.4-4 Summary of Results - Optimal Contract Determination Construction Costs and Revenues are uncertain Profit Sharing Contracts - High level of information Contract Form: Profit Sharing Factor p 0.00 0.03 0.04 0.09 0.10 0.15 0.20 0.23 0.24 0.30 0.40 0.50 0.60 0.68 0.69 0.70 0.80 0.90 1.00 Contractor Profit 206,884 211,603 215,507 248,892 259,561 324,842 417,123 485.891 480.308 626.135 927,180 1.290,276 1,703,271 2,063,707 2,110,511 2,157,316 2.648,361 3,171,406 4,136,451 P = P NPVcd,r - F Total Risk Premium 0 4,719 8,624 42,008 52,677 117,958 210.239 279,007 273.424 419,251 720,297 1,083,342 1.496,387 1,856,823 1,903,627 1,950,432 2.441,477 2,964,522 3,929,567 Owner Profit (1,686.774) (1,691.494) (277,821) (311.206) 1,616,051 1,550,771 1,458,490 1.389.722 1,790.143 1,644,316 1,343,271 980.226 567,180 206,744 159.940 113,135 (377,910) (900,955) (1,456,000) 40 w 0 VP w w w Stipulated Sum Contracts High Level of Information 4 3 2 01 z 0 I-h -J 1 -.1 +j xn E 0 S.. Q. 0 -1 -2 I0 0 I I 0.2 I I 0.4 I I I 0.6 Liquidated Damages Factor 0 +E(NPV/Ej) I 0.8 I 0 9 w v= 9 9 Profit Sharing Contracts High Level of Information 3 ~I I I I I ii 2.62La. i. 1.5I- -o 05 -1 - 01..J -0.5 0 0.2 0.4 0.0 Profit Sharing Factor p + E(NPV/Ej) 0.3 w w w -179- Appendix 4.4-7 Stipulated Sum Contract - With partial Liquidated Damages Contract Form: P = S - LD P is the payment to the contractor S is the Stipulated Sum resulting from the bidding process LD are the liquidated damages LD are calculated as follows: Delay LD 2 semesters 2 * 0 * A I semester 0 * A P = S - d*8*A On time 0 A = 1,893,647 -1 semester - 0 * A 0.70 A is a lump sum, d is the delay and 1 Contractor's Utility Function U = 1.016492 - 1.016492 exp[-0.00000241714*YJ Y is the net profit; Y = S - LD - Ei Minimum Fee to Hire Contractor is Umin = .4 206,884 or a net profit of FF Contractor's Action Choice High Level of information Variations in Construction Costs Delta ( CC ) Probability 250,000 0.25 0 0.50 0.25 (250,000) Contractor Utility Computations Effort Level El E2 E3 E4 E5 E6 Minimum Bid 605,000 605,000 605,000 605,000 605,000 605,000 j = Contractor chooses level of effort EJ, is .4 for Contractor Utility Minimum Thus Minimum Bid over base construction costs is Base construction costs are FF 34,100,000 d = Expected completion delay is d, Total Value of the project to the Owner is E(NPV,EJ/Ej) - P = Utility -147.8091 -39.9809 -11.8313 -3.3630 0.3937 0.4009 6 605,000 -0.929 2,131,692 -180- Appendix 4.4-8 Construction Costs and Profits are uncertain Profit Sharing Contract (Maximum Cost Plus Fee) With Partial Liquidated Damages Contract Form: P= u NPVc,d,r - F u= 0.24 P is the payment to contractor NPVc,dr is the Project Net Present Value for construction cost scenario c. delay scenario d and profit level r u is the profit sharing factor F is the Fee reserved by the Owner Contractor's Utility Function U = 1.222 - 1.222 exp[-10E-6*YJ Y is the net profit; Y = u NPV - Ei Minimum Fee to Hire Contractor is Umin = .4 or a net profit of FF 206.884 Contractor's Action Choice High Level of Information Variations in Construction Costs Delta ( CC ) Probability 1 2 3 0.25 0.50 0.25 250,000 0 (250,000) Variations in Project Net Present Values (See the NPV - Delay Probability Matrix) Contractor Utility Computations Before Fee E(U(NPV,EI)/E1) E(U(NPV.E2)/E2) E(U(NPV,E3)/E3) E(U(NPV,E4)/E4) E(U(NPV.E5)/E5) E(U(NPV.E6)/E6) = = = = = = After Fee -3.7617 -1.3929 -0.9064 -0.1135 -0.1015 -2.7246 Contractor chooses level of effort Ej, 1 Minimum Utility for Contractor is .4 Thus Maximum Fee for franchise is Total Value of the project to the Owner is F + (1-u) E(NPV,EJ/Ej) = -1.6136426507 -0.3097310178 -0.0419298757 0.3944914059 0.4011175729 -1.0427721659 = 5 (247,000) 1,790, 143 -181- Appendix 4.4-9 Summary of Results - Optimal Contract Determination Construction Costs and Revenues are uncertain Maximum Cost plus Fee Contracts - High level of information Cost Sharing Factor p 0.00 0.03 0.04 0.09 0.10 0.15 0.20 0.23 0.24 0.30 0.40 0.50 0.60 0.68 0.69 0.70 0.80 0.90 1.00 Contract Form: P = P NPVc,d - F Effort Level Ej Franchise Fee 0 0 50,000 50,000 250,000 250.000 250.000 250.000 410,000 410,000 410,000 410,000 410,000 410,000 410,000 1,200,000 1,200,000 1,200,000 1,200,000 (206,884) (251,550) (259.487) (266,286) (256,268) (166,294) (83,507) (37,725) (17,813) 120,502 343,761 558,276 762,053 917,948 937,528 960,099 1,174,423 1,348,034 1,483,942 E(NPV/Ej) (1,479.890) (1,479,890) (12,314) (12,314) 2,125.613 2,125,613 2,125,613 2,125,613 2,680,451 2,680,451 2,680,451 2,680,451 2,680,451 2,680,451 2,680,451 3,968,131 3,968,131 3,968,131 3,968,131 -182- Appendix 4.4-10 Summary of Results - Optimal Contract Determination Construction Costs and Revenues are uncertain Maximum Cost plus Fee Contracts - High level of information Contract Form: Cost Sharing Factor p 0.00 0.03 0.04 0.09 0.10 0.15 0.20 0.23 0.24 0.30 0.40 0.50 0.60 0.68 0.69 0.70 0.80 0.90 1.00 Contractor Profit 206,884 207.153 208,994 215,178 218.830 235,135 258,630 276,616 251,122 273,633 318,419 371,949 436,218 494,758 501,983 617,593 800,082 1,023,284 1,284,189 P = p NPVc,d - F Total Risk Premium Owner Profit 0 269 2,110 8,294 11,946 28,251 51,746 69,732 44,238 66,749 111,535 165,065 229,334 287,874 295,099 410,709 593,198 816,400 1,077,305 (1.686.774) (1,687,043) (271,308) (277,492) 1,656,783 1,640,478 1,616,983 1,598,997 2,019,329 1,996,818 1,952,032 1,898,502 1,834.233 1,775,693 1,768.468 2,150,538 1,968,049 1,744,847 1,483.942 L- w a 0 0 e 0 0 0 Total Risk Premiums High Level of Information 4 / / 3.15 //*// 7/ 3 La. U 7 2.5 H- 7 M U ii 7 0 x 7 4 1.5 7 0 I-- x I 7 7- 7u.5 0 I -. 0 Cost Sharing II II 0.2 I 0.4 . 0 and a Factors Profit Sharing I I I 0.0 0.8 V I 1 Stipulated Sum OD w~ 0 0 0 a e 0 0 .0 Sp Maximum Cost plus Fee Contracts High Level of Information 2.5 2,150,538 2 1.5 LL I LL 4 4., 0 0 u.6 Z- S.. OD a..0: In I I S.. a' -0.6 0 -1 -1.5 I 0 I I 0.4 0.2 o I I 0.6 Cost Sharing Factor 'i Owner's Profit I 0.3 1 -185- 6.6 Appendix # 4.4-B - Risk Premiums: In this section we compute the construction risk premiums for the stipulated sum contract and the profit sharing contract. Stipulated Sum Contract: Let be So the contractor's bid when construction costs are certain and S his bid when these costs are things being identical. The difference uncertain, between S all other and So is exactly equal to the construction risk premium &S. S = So + S In both cases the contractor will submit a bid so that his utility is equal to the minimum acceptable utility value Umin. Umin = E Pd,jo * U(So - LDd - Ejo) d = E Pd,jo * {E Qc,jo * U(So + £S d LDd - Ejo - &CCc)) - c Thus, we should have: U(So LDd - Ejo) = E Qc,jo * U(So + ES - - LDd - Ejo - 9CCc) C = a a * E Qc,jo expi-b(So + £S - - LDd - Ejo - 9CCc)) c = a a * exp{-b(So - LDd - - Ejo)) * (E Qc,jo exp{-b(9S - &CCc))) c Since we have also: U(So - LDd - Ejo) = a - a * exp{-b(So - LDd - Ejo)) we get: E Qcjo * exp{-b(&S - &CCc)) = I c -186- expfb * 9S) = E Qc,jo exp(b * 9CCc) C The construction risk premium is therefore: &S = (1/b) * Log (E Qc exp(b &CCc)) c &S = FF 37,206 in the high information level case. Using a limited development, we get: SS = b E Qc &CCc^2 + b^3 * 1/24 * E Qc &CCc^4 c - 2 b^3 * 1/8 * c (E Qc * 9CCc^2)^2 c Maximum Cost plus Fee Contract: Using the same method than for the stipulated sum contract. we can compute the construction risk premium for the maximum cost plus fee contract and the construction risk premium is profit sharing now equal to contract. minus the incremental franchise fee SF. F = Fo + CF We get the following result: SF = (-1/b) * Log (E Qc * exp(b*p*CCCc)) c Using a limited development, we get: CF = -b E Qc (P^2*&CCc^2 + b^2*p^4*SCCc^4) c 2 4! + (b/2) (E Qc u^2*CCc^2)^2 c 2 The -187- Thus to the first order, we have: - SF = P^2 * SS The construction risk premium for the profit sharing equal to the construction risk premium for contract is the stipulated sum contract times the square of the profit sharing factor p. -188- 6.7 Appendix 4.5 - Optimal Contracts - Average Ievel of Inf. Appendix 4.5-1 Summary of Results - Optimal Contract Determination Construction Costs and Revenues are uncertain Stipulated Sum contracts - Average level of information Liquidated Damages Factor 8 0.00 0.05 0.10 0.12 0.13 0.14 0.14 0.15 0.20 0.30 0.40 0.45 0.50 0.60 0.68 0.69 0.70 0.80 0.81 0.82 0.85 0.90 1.00 Contract Form: P = S - O*d*LD Effort Level Ej Bid S 0 0 0 0 250,000 250,000 410.000 410,000 410.000 410,000 410,000 410,000 410,000 410,000 410,000 410,000 410,000 410,000 410,000 1,200,000 1,200,000 1,200,000 1,200,000 704,500 876,000 1,051,000 1,122,000 1,151,000 1,161.000 1,165,000 1,172,000 1,217,000 1,346,000 1,530,000 1,641,000 1,765,000 2,041,000 2,287,000 2,319,000 2,351,000 2,684,000 2,718,000 2,745,000 2,826,000 2,967,000 3,271,000 E(NPV/Ej) (1,176,907) (1.176.907) (1,176,907) (1,176,907) 1,190,151 1,190,151 2,172.954 2.172.954 2,172,954 2,172,954 2,172,954 2.172,954 2,172,954 2,172,954 2,172,954 2,172,954 2,172,954 2,172,954 2,172,954 2,638,791 2,638,791 2,638,791 2,638,791 -189- Appendix 4.5-2 Summary of Results - Optimal Contract Determination Construction Costs and Revenues are uncertain Stipulated Sum contracts - Average level of information Contract Form: Liquidated Damages Contractor Profit Factor 6 0.00 0.05 0.10 0.12 0.13 0.14 0.14 0.15 0.20 0.30 0.40 0.45 0.50 0.60 0.68 0.69 0.70 0.80 0.81 0.82 0.85 0.90 1.00 704,037 706,708 712,416 715,699 768,558 773,464 749,963 756,603 799,804 925,206 1,105,608 1,214,809 1,337,010 1,609,412 1,852,534 1,884,174 1,915,814 2,245,217 2,278,857 1,897,483 1,991,379 2,153,872 2,500,858 P = S - B*d*LD Total Risk Premium Owner Profit 497,153 499,824 505,532 508.815 561,674 566,580 543,079 549,719 592,920 718.322 898,724 1,007,925 1,130,126 1,402,528 1,645,650 1,677,290 1,708,930 2,038,333 2,071,973 1,690,599 1,784,495 1,946,988 2,293,974 (1,881,407) (1,883,615) (1,889.323) (1,892,606) 171,593 166,687 1,012,991 1,006,351 963,150 837,748 657.346 548,145 425,944 153,541 (89,580) (121,220) (152,861) (482,263) (515,903) (458,693) (552,588) (715,081) (1,062,067) -190- Appendix 4.5-3 Summary of results - Optimal Contract Determination Construction Costs and revenues are uncertain Profit Sharing Contracts - Average level of information Contract Form: Profit Sharing Factor p 0.00 0.05 0.10 0.12 0.13 0.14 0.14 0.15 0.20 0.30 0.40 0.45 0.50 0.60 0.68 0.69 0.70 0.80 0.81 0.82 0.85 0.90 1.00 Effort Level Ej 0 0 0 0 250.000 410,000 410,000 410,000 410,000 410,000 410,000 410,000 410,000 410,000 410,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 1,200,000 P = p NPVcd,r - F Franchise Fee (206,884) (282,000) (386,000) (436,000) (450,000) (452,000) (450,000) (449,000) (464,000) (606.000) (895,000) (1,092,000) (1,320,000) (1,853,000) (2,337,000) (2,395,000) (2,448,000) (3,020,000) (3,081,000) (3,143,000) (3,332,000) (3,659,000) (4,343,000) E(NPV/Ej) (1,176,907) (1,176,907) (1,176,907) (1,176,907) 1,190,151 2,172,954 2,172.954 2, 172,954 2.172.954 2,172,954 2,172,954 2,172,954 2,172,954 2,172,954 2,172,954 2,638,791 2,638,791 2,638,791 2,638,791 2,638,791 2,638,791 2,638,791 2,638,791 -191- Appendix 4.5-4 Summary of results - Optimal Contract Determination Construction costs and revenues are uncertain Profit Sharing Contracts - Average level of information Contract Form: Profit Sharing Factor Contractor Profit p 0.00 0.05 0.10 0.12 0.13 0.14 0.14 0.15 0.20 0.30 0.40 0.45 0.50 0.60 0.68 0.69 0.70 0.80 0.81 0.82 0.85 0.90 1.00 206,884 223,155 268,309 294,771 - 354,720 335,349 344,214 364,943 488.591 847,886 1,354,182 1,659,829 1,996,477 2,746,772 3,404,609 3,015,791 3,095,154 3,931,033 4,018,421 4,106,809 4,374,972 4,833,912 5,781,791 P = p NPVcd,r - F Total Risk Premium 0 16,271 61,425 87,887 147,836 128,465 137,330 158,059 281,707 641,002 1,147,298 1,452,945 1,789,593 2,539,888 3,197,725 2,808,882 2,888,270 3,724,149 3,811,537 3,899,925 4,168,088 4,627,028 5,574,907 Owner Profit (1,383,791) (1,400,062) (1,445,216) (1,471,678) 585,432 1,427,605 1,418,740 1,398,011 1,274,363 915.068 408,772 103,125 (233,523) (983.818) (1,641,655) (1,576.975) (1,656,363) (2,492,242) (2,579,630) (2,668,018) (2,936,181) (3,395,121) (4,343,000) 0 0 4p w w 4p Stipulated 0 173 0 Sum Contracts Average Level of Information '3 3 1.2 E3 1.1 i 0.9 0.8 La) - M w o.7 ~1 0 I~1. >4 0.G -j -. 4 4.8 94 0 w -3 a (.11 p Lfl 0.4 0.3 0.2 0.1 U 0 0.2 0.4 0.6 Liquidated Damages Factor 0 0 Effort Level Ej 0.8 I '.0 r\) is V w w Stipulated Sum Contracts Average Level of Information 3 2.6 .1 La. 1.5 a. o Z - I1'.0 - (A) QJ I-' 0.5-4 0 1. 'l U -0.5 - --1 - I 0 I 0.2 I I 0.4 I I I 0.6 Liquidated Damages Factor 0 + E(NPV/Ej) I 0.8 i 1 0 0 w 0 IV w 0 0 S e Profit Sharing Contracts Average Level of Information 1.2 - I.W.1 rq 1.1 10.9 0.8- 4J -4 0' 0 >0 0.6 - '-a '.0 0 Ie 14" 0.5- '.4 0 I 0.4 - -4 0.3 0.2 0.1 0 I 0 0.2 0.4 0 I I 0.6 Profit Sharing Factor p Effort Level Ej I I 0.8 I 0 0 0 a w f 0 40 14 0 Profit Sharing Co ntra cts 3 Average Level of Information - 2.6 1.5 LL. LL. z In 0 U, 0.5 Ln 0 C" 0L ID 0 -0.5 -1 -'.5 , 0 0.2 0.4 0.0 Profit Sharing Factor p + E(NPV/Ej) 0.8 I -196- Appendix 4.5-9 Stipulated Sum Contract - With partial Liquidated Damages Contract Form: P = S - LD P is the payment to the contractor S is the Stipulated Sum resulting from the bidding process LD are the liquidated damages LD are calculated as follows: Delay LD 2 semesters 2 * 3* A P = S - d*0*A I semester 13 * A 1,893,647 On time 0 A = - 0 * A -1 semester 0.14 A is a lump sum, d is the delay and 1 = Contractor's Utility Function U = 1.016492 - 1.016492 exp[-0.00000241714*YJ Y is the net profit: Y = S - LD - El Minimum Fee to Hire Contractor is Umin = .4 206.884 or a net profit of FF Contractor's Action Choice Average Level of information Variations in Construction Costs Delta ( CC Probability 1,000,000 0.25 0 0.50 (1.000.000) 0.25 Contractor Utility Computations Effort Level El E2 E3 E4 E5 E6 Minimum Bid 1,165,000 1,165,000 1,165,000 1,165,000 1,165.000 1,165.000 j = Contractor chooses level of effort Ej, Minimum Utility for Contractor is .4 Thus Minimum Bid over base construction costs is Base construction costs are FF 34,100,000 d = Expected completion delay is d, Total Value of the project to the Owner is E(NPV,Ej/Ej) - P = Utility 0.3569 0.3536 0.3643 0.3912 0.4004 -2.4031 5 1,165.000 0.019 1,012,991 -197- Appendix 4.5-10 Construction Costs and Revenues are uncertain Evaluation of Stipulated Sum contracts - Average level of information Contract Form: P = S - d*0*A 6 = Effort Level: j = 5 Expected Delay: d = 0.02 0.14 1,893.647 Payoffs to Contractor Stipulated Sum (Bid) E(Liquidated damages) Contractor Payoff P Less: Effort Contractor Profit Contractor Utility Payoffs 1,165,000 5,037 1,159,963 410,000 749,963 0.4004 to Owner Less: Risk Premium Plus: Liquid. damages 2,172,954 206,884 410,000 548,116 5,037 Owner Profit 1,012,991 Owner Utility 1,012.991 E(NPV/Ej) Less: Fixed Fee Less: Effort Total Risk Premium 543.079 -198- Appendix 4.5-11 Construction Costs and Profits are uncertain Profit Sharing Contract (Maximum Cost Plus Fee) With Partial Liquidated Damages Contract Form: P u NPVc,dr - F u 0.14 P is the payment to contractor NPVc,d,r is the Project Net Present Value for construction cost scenario c, delay scenario d and profit level r u is the profit sharing factor F is the Fee reserved by the Owner Contractor's Utility Function U = 1.222 - 1.222 exp[-10E-6*YJ Y is the net profit; Y = u NPV - El Minimum Fee to Hire Contractor is Umin = .4 or a net profit of FF 206.884 Contractor's Action Choice Average Level of Information Variations in Construction Costs Delta ( CC ) Probability 1 2 3 0.25 0.50 0.25 1,000,000 0 (1,000,000) Variations in Project Net Present Values (See the NPV - Delay Probability Matrix) Contractor Utility Computations Before Fee E(U(NPV,E1)/E1) E(U(NPV,E2)/E2) E(U(NPV.E3)/E3) E(U(NPV,E4)/E4) E(U(NPV,E5)/E5) E(U(NPV.E6)/E6) = = = = = = -0.9350 -0.9425 -0.9031 -0.8335 -0.8176 -9.2533 Contractor chooses level of effort Ej, Minimum Utility for Contractor is .4 Thus Maximum Fee for franchise is Total Value of the project to the Owner is F + (1-u) E(NPV,Ej/Ej) = After Fee 0.3620438112 0.3595266535 0.372728795 0.3960820059 0.4014012347 -2.4275866936 5 (452,000) 1,427,605 -199- Appendix 4.5-12 Profit Sharing Contracts - Construction Costs and Revenues uncertain Evaluation of Contracts - Average Level of Information ----------------------------------------------------------Contract Form: P = 0.14 NPVcd~r - F Effort Level: 1 = 5 Payoffs to Contractor E(NPV/Ej) Franchise Fee F 2,172,954 (452,000) Contractor Payoff P Less: Effort 745,349 410.000 Contractor Profit 335,349 Contractor Utility 0.4014 Payoffs to Owner E(NPV/Ej) Less: Fixed Fee Less: Effort Less: Risk Premium Plus: Franchise Fee 2,172,954 206,884 410,000 (323,535) (452,000) Owner Profit 1,427,605 Owner Utility 1,427,605 Total Risk Premium 128,465 -200- Appendix 4.5-13 Summary of Results - Optimal Contract Determination Construction Costs and Revenues are uncertain Maximum Cost plus Fee Contracts - Average level of information Cost Sharing Factor p 0.00 0.05 0.10 0.12 0.13 0.14 0.14 0.15 0.20 0.30 0.40 0.45 0.50 0.60 0.68 0.69 0.70 0.80 0.81 0.82 0.85 0.90 1.00 Contract Form: P = p NPVcd - F Effort Level Ei Franchise Fee 0 0 0 0 250.000 250.000 410.000 410,000 410,000 410,000 410.000 410.000 410,000 410.000 410,000 410,000 410,000 410,000 410,000 1,200,000 1,200,000 1,200,000 1,200,000 (206,884) (269,910) (338,982) (368,446) (376,856) (376,605) (370,384) (357,029) (302,000) (239.401) (242,412) (266,599) (306.064) (419,273) (540,451) (557,155) (573,923) (757,930) (777,340) (789,802) (827,496) (897,280) (1,062,067) E(NPV/Ej) (1,176.907) (1,176,907) (1.176,907) (1,176,907) 1,190,151 1,190,151 2,172,954 2,172,954 2,172.954 2.172,954 2.172.954 2,172.954 2,172.954 2,172,954 2,172,954 2,172,954 2,172,954 2,172,954 2,172,954 2,638,791 2,638,791 2,638.791 2,638,791 -201- Appendix 4.5-14 Summary of Results - Optimal Contract Determination Construction Costs and Revenues are uncertain Maximum Cost plus Fee Contracts - Average level of information Contract Form: Cost Sharing Factor p 0.00 0.05 0.10 0.12 0.13 0.14 0.14 0.15 0.20 0.30 0.40 0.45 0.50 0.60 0.68 0.69 0.70 0.80 0.81 0.82 0.85 0.90 1.00 Contractor Profit 206,884 211,065 221,291 227,217 281,576 287,276 264,598 272,973 326,591 481,287 701,594 834,428 982,541 1,313,045 1,608,060 1,646,493 1,684,991 2,086,293 2,127,432 1,753,611 1,870,468 2,072,192 2,500,858 P = p NPVcd - F Total Risk Premium Owner Profit 0 4,181 14,407 20,333 74,692 80,392 57,714 66,089 119,707 274.403 494,710 627,544 775,657 1,106,161 1,401,176 1,439,609 1,478,107 1,879,409 1,920,548 1,546,727 1,663,584 1,865,308 2,293,974 (1,383.791) (1,387,972) (1,398,198) (1,404,124) 658,575 652,875 1,498.356 1,489,981 1,436,363 1,281,667 1,061,360 928,526 780,413 449,909 154,894 116,461 77,963 (323,339) (364,478) (314.820) (431,677) (633,401) (1,062,067) ra = 0 0 0 U VSUUU 9 0 U 0 Total Risk Premiums Average Level of Information A / 2 / 4- '7 La. -V U) CA 0 7 / 2\x 7 / I\ / 0 -a-4--- 2- A. -- 7 ~ "<'p -r~A' 26 1- -- 4*- ~ V -r 0 Cost Sharing - ' I I I 0.2I 0.4 0 and p Factors CSProfit SharingS I 0.6 0.8 v Stipulated I 1 Sum I W W l 0 0 e 0 S Maximum Cost plus Fee Contracts Aver age Level of Information I ,498,366 1.6 - Li. . l.5 0 0 0 Lii 'N 'N 0 -0.5 N. 'N 'N N -t -1.5 I 0 I 0.2 0.4 <9 0.6 Cost Sharing Factor p Owner's Profit I I 0.8 I I -204- Bibilography 1- Ronald Pastore "Construction Contracts and the Investment Value of Commercial Real Estate Developments". MIT Sloan School of Management thesis. 1988. 2- Philip Hampson - "Optimal Profit Sharing Rules for Petroleum Exploration and Develoment in Jordan", MIT Sloan School of Management thesis, 1988. 3- John Parsons - "Financial Contracting & Moral Hazard", MIT Sloan School of Management, Cambridge MA, October 1987. 4- Preston McAfee and John McMillan - "Auctions and Bidding", Journal of Economic Litterature, June 1987. 5- Charles Blitzer, Donald Lessard and James Paddock - "Risk Bearing and the Choice of Contract Forms for Oil Exploration and Develoment", Energy Laboratory and Sloan School of Management, MIT, Cambridge, MA, 1984. 6- Mark Wolfson - "Empirical Evidence of Incentive Problems and their Mitigation in Oil and Gas Tax Shelter Programs", Harvard Business School Press, Cambridge MA, 1985. 7- Chambre de Commerce et d'Industrie de Paris - "Cahier des Clauses Administratives Particulteres pour l'Ecole Superieure d'Ingenieurs en Electrotechnique et Electronique", Paris, 1984. 8- Centre de l'lndustrie Frangaise des Travaux Publics - "TP Annuaire 1987 - 1988. Marches at Reglementations Diverses", Paris, 1987. -