Understanding and Managing Cost Escalation XL Group Insurance North America Construction 1Introduction Introduction1 Seven Issues that Boost Contractors’ Costs 2 Seven Ways Contractors Can Manage Cost Escalation Risk 3 Five Insurance Considerations for Managing Cost Escalation 5 Conclusion6 1 Understanding and Managing Cost Escalation Cheri Hanes, CRIS, LEED AP BD+C Construction Risk Engineer XL Group Daniel Tolman Vice President North America Construction Practice Willis Group It should be no surprise to anyone reading this paper that containing project costs is an essential means of maintaining contractor profitability. What may come as a surprise, however, are the elements that can directly (and indirectly) influence cost escalation: industry factors, risk management and insurance coverage. We will examine each in detail to help contractors develop a clearer picture of cost escalation, its impact on their projects and how to keep it under control. 2 Seven Issues that Boost Contractors’ Costs Many contractors, desperate for work during the economic downturn, have bid on projects with (or agreed to work for) thin or no margin to maintain ongoing operations. This compounds the already significant concern of cost escalation by reducing the “cushion” available to deal with any issues that arise during a project. To manage cost escalation, it is important to identify and stay attuned to the issues that result in added, unwanted expenses. Here are seven of the most prevalent: 1. General inflation This refers to the overall increase or decrease of all goods and services in the economy over a given time. For the most part, builders are aware of general inflation as an escalation risk, building it in to pricing using historical data and forward looking trends. Unfortunately, simply accounting for general inflation may not address the immediate concern. The construction industry has its own specific inputs, the prices for which may not be consistent with overall prices across all industries. Additionally, a radical change – outside anticipated variation – of the cost of a single input can have a significant impact. 2. Global market forces The world is getting smaller every day, and nowhere is this truer than in construction. Buildings are constructed of the same materials all over the globe, and those materials are manufactured and fabricated from the same supply chains for all their many uses. Increased demand on the other side of the world, whether due to a localized boom in construction, a natural disaster, or supply chain disruptions, can affect contractors wherever they operate. The global nature of the industry affects pricing, sourcing, availability and material costs. Furthermore, the complexities of regulations and trade laws (both in the US and other countries) can cause additional impacts. Projects of a global nature (like ports), can and do cause ripple effects. And as the world becomes more and more interconnected through technology and logistics, these rippling effects from far away projects will only become more and more pronounced. 3. Skilled labor shortages / labor supply In some markets, this issue is not on the radar yet. In others, it’s a major concern. Work in the oil and gas industry has drawn many potential workers away from other sectors and markets where the oil-shale industry is hot – and must be contended with – the current 2015 dip in petroleum prices notwithstanding. The resurgence of residential construction (particularly multi-family construction) has drawn off many craftsmen who previously worked in the commercial field. The expansion of the Panama Canal is having far reaching effects due to preparatory construction in various ports across the country; the demand for workers on these projects is significant. Additionally, many experienced tradesmen left the construction field during the downturn and do not appear to be returning. Employment numbers indicate the war for talent will continue to escalate. Though recent reports show a sharp dip in construction unemployment, the increases in construction employment numbers are not as high as would be expected. This indicates that many workers have left the construction field entirely – whether through retirement, or a career change. As construction spending continues to escalate, this will become an even more important factor, as productivity gains – though positive - have reached what appear to be maximum levels. 4. Increased demand / many or large projects in a region The increased demand created by the existence of many or very large projects in a region can cause shortages of manpower, capacity and materials. It can also mean that subcontractors have more choices with regard to the builders with whom they choose to work. This increased demand on subcontractors’ capacity puts them in a position to make a better profit on newer work. And if a job was bid with a lower margin, it may suffer from being a lower priority. Hence, many contractors may end up with a subcontractor’s “B” or “C” team. Also, the more time contractors must spend supervising any team on a project means less time for something else, which further impacts the productivity concerns expressed above. 3 Seven Ways Contractors Can Manage Cost Escalation Risk 5. Material/fabrication supply Builders and subcontractors were not the only ones who had particular challenges caused by the recession. Suppliers felt the pain as well. Many had to lay off workers. Some struggled – and failed – to survive. Like many contractors, suppliers and fabricators reduced their own output capacity to cut costs. Now, with the current resurgence in construction volume, combined with the reduced number suppliers in the market as a result of failures, the demand is in excess of capacity in some cases. This, as a result of demand exceeding supply, leads to inevitable price increases; that’s just Econ 101. It also means that if the supplier fails or cannot meet requirements, the contractor will have fewer choices for replacement, and may see premium prices charged by any replacement supplier. 6. Natural disasters Weather events of the magnitude of Superstorm Sandy or winter 2013-14 polar vortex-related weather can be a strong driver of cost escalation. This happens as labor floods in to take advantage of the “hot market” – leaving a lack of manpower in their home markets, and as particular supplies (e.g. plywood) are exhausted in preparation for and in response to the events. As mentioned above, the effects of a storm or other disaster in one location have a greater than ever potential to impact projects many miles away. Natural disasters may also delay either the completion or start of a project, which increases the potential for cost escalation by drawing out the overall schedule. 7. Safety, code, or project certification requirements during estimation Changes in building codes, internal or external changes in safety requirements and a project’s certification requirements can lead to cost escalation. Any lack of awareness in these areas can cause unanticipated costs, which will likely land squarely on the contractor’s balance sheet. So, having considered 7 factors that can boost contractors’ costs, the question presents itself: Do you want to play dodge ball? Or chess? Any contractor that has experienced the sting of an unexpected cost impact, knows what this means. Ouch. Should a contractor strategically address these issues one by one, or just wait for an impact and take the hit? Managing these factors becomes very important if a surprise hit is to be avoided. Successful builders generally prefer a highly proactive stance. It is also crucial that everyone on the contractor’s team understands his or her respective roles and responsibilities when addressing these risks. Estimating and project teams have the ability to influence exposure to escalation significantly. Are they aware of this? The general feeling around cost escalation tends to be that these risks are passed down to subcontractors contractually. However, if a subcontractor has an issue due to cost escalation, it is very likely that this will become a contractor’s problem. It could be felt as a subcontractor default or result in schedule challenges due to manpower shortfalls, change order disputes, issues obtaining specified materials, etc. Therefore, it’s in everyone’s best interest to take an active role in managing cost escalation. There are many tactics in use to minimize or mitigate cost escalation, and, as all construction companies are unique, what works for one will not necessarily work for all. We’ll look at seven of those tactics. 1. Contract While it is typical to include an escalation clause in subcontracts, it is also worth asking if consideration should be made to including concessions around escalation in the owner contract. Is it possible to build in some contingency for exceptional escalations, should they occur? Some builders do, and an “eyes open” approach to escalation from all parties tends to make for a more collaborative project environment. When all parties share the risk, all parties have an incentive to mitigate and manage it. 4 Seven Ways Contractors Can Manage Cost Escalation Risk 2. Prequalification 5. Materials pre-purchase Financial Prequalification is critical to insulating a contractor’s projects from the impact of cost escalation on subcontractors. If subcontractors bear this risk – and most do – financial analysis becomes an even more important component of a contractor’s overall prequalification effort, allowing greater assurance that they can absorb the cost of an anomaly in escalation on a given project. Subcontractors’ financial ratios, especially days of cash, pipeline and their WIP can speak volumes about their enterprise risk. As builders, contractors have options related to the procurement of materials when they know that a cost escalation is likely. They may wish to have a strategic delivery/product storage plan to enable them to have materials purchased and staged in advance of need. Strategies could include contractors purchasing materials in advance or paying subcontractors to do so via payment for stored materials. Both approaches have potential issues to work through, including cost, contract, insurance and a variety of logistical implications. 3. Schedule Construction schedules also present potential to reduce escalation exposure, or mitigate its impact. To reduce the time exposure on a project, and therefore potential exposure to many forces contributing to escalation, contractors may wish to examine their schedule for potential acceleration, or stacking of activities, which can reduce its overall duration and therefore exposure to potential escalation. Alternatively, any time saved by compressing the schedule may increase the float to allow for situations that would potentially lead to cost escalation. Again, time is money, and if contractors have some time, they may be able to save some money. 4. Purchasing To remove some exposure to escalation, it often makes sense to put effort into identifying key scopes with potential for it, collaborate to get the related design documents early, and expedite buying these scopes to lock in pricing as early as possible. Focused, phased bidding may allow a contractor to do this in a more aggressive fashion, as the need to wait for complete documents for all scopes prior to bidding and procurement is eliminated for the most concerning scopes. There is some downside here, as later scopes are perhaps more exposed to escalation if the time frame for procurement overall stretches out, so a contractor’s approach should be very strategic in nature, if used. And while it is comforting and familiar to use subs that a contractor “knows so well,” it is more advantageous to cultivate a deep field of bidders, prequalify them responsibly, spread the work around, and build strong working relationships with the larger community of subcontractors. 6. Value engineering and alternates Subcontractors are on the front line, and they have the advantage of proximity to suppliers and labor to see emerging escalation potential, whether from manpower issues or supply chain dynamics. Working with subs to identify value engineering and alternates when a specified material or practice exposes a construction firm to potential escalation can be invaluable. 7. Awareness of safety, code, or project certification requirements during estimating It is necessary to consider both internal and external factors to ensure that this type of escalation is controlled. If a construction company’s protocols (internal) or OSHA requirements (external) for safety measures change, it’s important for estimating to consider those additional costs as well and/or ensure that subcontractors have them included in their bids. Compliance with these requirements can cause internal or external cost escalation, and must be accounted for in some way. Furthermore, any changes a contractor might be forced to make to the project after the subcontracts are signed will certainly cost money above and beyond what is budgeted and subcontracted. 5 Five Insurance Considerations for Managing Cost Escalation The most common form of escalation familiar to Risk Managers is the rising cost of insurance. Project-specific policies typically give the benefit of fixing rates through the duration of the project, however they are often more expensive and can carry additional limitations, like a limited completed operations period. Most contractors and subcontractors will find their most favorable rates, terms and conditions in their main insurance programs. Since many projects will span multiple policy periods, a renewal premium increase can result in cost escalation. This is primarily a concern on fixed price contracts. General Contractors and Construction Managers are also susceptible to the increased cost necessary for a subcontractor to meet minimum insurance requirements. The most common example of this is requiring a subcontractor to carry a higher limit of liability than they currently purchase. Often a subcontractor will quote the cost for a company-wide excess policy, as excess policies are typically not adjustable. It is important to ensure that any subcontractor bids include the cost of complying with minimum insurance requirements of the contract. If the contractor’s insurance requirements are included in the bid documents, it may seem intuitive to require the subcontractor to incur the additional cost at their own expense, however when faced with the prospect of using a significantly more expensive bidder, it rarely works out this way. 1. Builders Risk Builders Risk policies are designed to cover damage to the construction project, and to a certain extent, the materials. The final premium on these policies is subject to audit and therefore may be impacted by material price escalation. 2. Ocean Cargo Ocean Cargo policies are purchased to provide certain coverage on materials while they are being transported across the ocean. This is an important coverage to consider when purchasing foreign material. Suppliers will often carry their own policies, which may or may not be adequate, regardless of responsibility. Reviewing any agreements to see at what point responsibility for transported goods is transferred is crucial. 3. General Liability / Workers Compensation When considering General Liability and Workers Compensation premiums, it should be noted that additional wages and bonuses to attract skilled labor during shortage may be subject to rating at audit. This risk is compounded for those whose General Liability policies are rated based on Contract Value (CV) instead of payroll. In this case, it is not merely the additional labor costs that can impact the final premium but additional materials costs as well. 4. Surety Bonds Surety Bond premiums are adjustable at substantial completion. This is of concern, not only on subcontractor bonds, but on a bond provided to a project owner by the General Contractor or Construction Manager. The bond penalty amount is a concern as well. The bond penalty will not provide for unanticipated costs. The Penalty is a fixed amount, usually 100% of the contract amount. Escalation costs may increase the potential loss in the event of a default, as well as the premium, however the penal sum does not increase. 5. Subcontractor Default Insurance Cost Escalation should be considered during a subcontractor’s prequalification. The “Single Project Limit” assigned to a subcontractor by an SDI insured may be exceeded by increasing costs. The assigned “Aggregate Limit” for all projects may be eroded. It is important to consider if the construction firm has a method of communicating escalation to the team that manages these prequalification limits. Conclusion The changes, good and bad, in the domestic and global economies have had far-reaching ripple effects throughout the construction industry and one of the most concerning impacts is the risk of Cost Escalation. These unanticipated changes in costs can occur at any point, pre-construction, course of construction and post-construction. The costs of labor, materials and even overhead can all be affected. The one area where no one wants to see a reduction is profit. Regardless of a construction firm’s risk management philosophy, awareness and pro-activity are the best weapons to ensure a profitable project and therefore a profitable company. About the authors Cheri Hanes is a Construction Risk Engineer with XL Group’s North America Construction team. She holds both LEED AP and CRIS certifications. Daniel Tolman is a Vice President at the Willis North America Construction Practice and one of the National Market Experts of their Default Insurance Group (DIG). Contact: Cheri Hanes Construction Risk Engineer Mobile +1 214 558 3137 cheri.hanes@xlgroup.com 14643 Dallas Parkway Dallas, Texas 75254 xlgroup.com/insurance XL Group is the global brand used by XL Group plc’s insurance subsidiaries. In the US, the XL Group plc insurance companies are: Greenwich Insurance Company, Indian Harbor Insurance Company, XL Insurance America, Inc., XL Insurance Company of New York, Inc., and XL Specialty Insurance Company. Not all of the insurers do business in all juridiscictions, nor is coverage available in all jurisdictions. Information and ratings (if listed) accurate as of January, 2015. 5039_01/2015 The information contained herein is intended for informational purposes only. Insurance coverage in any particular case will depend upon the type of policy in effect, the terms, conditions and exclusions in any such policy, and the facts of each unique situation. No representation is made that any specific insurance coverage would apply in the circumstances outlined herein. Please refer to the individual policy forms for specific coverage details.