18
Risk Management and its Relation to Success in the North American Context

John McArthur

Chairman, Kiewit Development Company, Toronto, ON, Canada

Kiewit Development Company, Omaha, NE, USA

18.1 Introduction

My recent background has focused on Public Private Partnerships so my comments and views come from this perspective. Additionally, the comments and approaches that follow here are based on the premise that securing the project is a result of a highly competitive process. Personally, I have held senior positions in engineering firms and construction companies. For the past 14 years, I have established North American businesses for two different infrastructure investor/constructors. During this period, I have bid over 40 P3 projects and had success in 12, totalling a capital value of US$10 billion. Both wins and losses lead to a vast library of lessons learned, giving invaluable insights into the process of risk management.

Every project progresses through several stages and typically they are:

  1. Initial strategic approach to bidding.
  2. Project identification – is there an opportunity that suits capability.
  3. Teaming – what composition of team members will meet the requirements of the qualifications stage in order to get shortlisted.
  4. Detailed development of the Bid leading to submission (design and construction approach as well as the operations and maintenance plan).
  5. Implementation.
  6. Operations and maintenance

Risk management practices should be developed and implemented for each of the above six stages. A fundamental to be followed is the involvement by senior management at the starting point of each stage and their continuing supervision and involvement during each stage. In our busy world, too often senior managers delegate too much authority down. This results in the absence of intuition and experience that seasoned professionals bring to transactions.

Project stages – several key risk management points or questions:

  1. Strategic approach to bidding:
    1. Does the opportunity fit with the company business plan?
    2. Does the company have the resources to deliver on the ground?
    3. Will the opportunity compromise the financial position regarding bonding, Letters of Credit, etc.?
  2. Project identification:
    1. Ensure a successful track record of past implementation.
    2. Institute a project review committee independent of the project manager for project selection.
    3. Are joint venture partners available if required?
  3. Teaming
    1. Do we need partners?
      1. For resume
      2. To beef up staffing
      3. To spread execution risk
      4. To spread pursuit costs
      5. To bolster bonding capacity.
    2. What is the track record of potential partners?
      1. Dealings with our company.
      2. Dealing with agencies.
      3. Dealing with advisors, lenders, and legal firms.
    3. Are potential partners culturally aligned – corporately?
      1. If we have worked together in the past did we have a similar investment and construction approach.
      2. Were we able to compromise on issues?
      3. Did they contribute to innovation in investment and construction approaches?
    4. Is the split of responsibilities aligned with the share of the joint venture?
      1. Will the partner contribute enough experience resources to pull their weight?
      2. Are we aligned as it relates to fees, margins, etc?
  4. Detailed Bid development
    1. Two fully independent internal estimates are essential.
    2. Is the Bid development budget sufficient?
    3. Is senior management involved in strategy development from the outset and frequently throughout the process to Bid?
    4. Is there a clear Bid management and communication plan agreed and adhered to by all parties?
    5. Is there a schedule of regular team meetings where all parties will be given direction and have responsibility for reporting progress?

Risk management is a process, not a single activity or event. Avoiding the identification of risks, resulting in lack of their effective management, is the most common cause of projects not being fully successful, or failing completely. The process involves looking back, analysing historical information, drawing conclusions from this process, and then putting into place measures embodied in the process of risk management. Conclusions drawn from an open and objective review of past projects, both the successful and unsuccessful ones, will provide the ingredients for a risk management process. It is often best to involve senior management that were not involved in the past projects that are being reviewed. It is difficult to provide objective critical analysis of projects that one has been directly involved in managing. Team members that have been part of an unsuccessful project in the past have difficulty seeing what went wrong – they can't see the forest for the trees.

Successful risk management comes down to the human factor. Regardless of how detailed the plans for managing risk, or how integrated into the design and construction process they are, effectively managing the people that are required to deploy these plans will determine ultimate success. This means understanding the various personality types involved in a project and using the best management methods to bring out the optimum performance in people. This must of course be done in the context of a comprehensive project management plan (PMP). In an ideal setting, where project specific teams are drawn from extensive human resources, combining personality types representing a range of compatible strengths will result in the most productive and cooperative teams. When the pool of potential resources isn't large, it could be effective to have team members formally determine (e.g. the Clifton Strengths) their various strengths (and less strong strengths – formerly known as weaknesses) so that team members have some insight as to why people behave the way they do. Understanding why people behave in certain ways can make team member interaction more effective.

Risk management in North American projects is generally similar to other parts of the world. Probably the key difference in the United States results from there being a history of litigation arising from construction issues. This is less the case in Canada. There is a general propensity to take legal action to compensate wronged (or perceived to be wronged) parties. For this reason many larger construction companies have significant internal legal departments and equally sizeable in‐house insurance and risk management teams. With possible litigation looming, in‐house insurance and risk management teams have developed sophisticated risk analysis processes. As a result, they have considerable involvement in initial and ongoing project decision making.

It is common for the parties to end up in lengthy court battles in situations where disputes cannot be resolved by dispute resolution Boards (DRB's). This can be avoided by placing significant emphasis on establishing good client relationships prior to the bidding cycle that then continues throughout the construction process and into operations.

18.2 Relationship of Success to Risk Management

Success derives from well‐planned and executed risk management.

Determining success can only derive from a common definition of the term.

What are the definitions of risk (management) and success? Using Wikipedia and Webster's Dictionary as the sources, they are:

Risk management is the identification, assessment, and prioritization of risks (defined in ISO 31000 as the effect of uncertainty on objectives) followed by coordinated and economical application of resources to minimize, monitor, and control the probability and/or impact of unfortunate events…’.

Wikipedia defines success as:

‘The achievement of a goalthe opposite of failure’.

Webster's Dictionary defines it as:

The correct or desired result of an attempt’.

With success as a goal, applying risk management as defined above, will lead to successful projects.

When a project is about to begin, whether using a P3 or a design/build delivery model, there is a sequence of activities that must occur in order to increase the likelihood of successful delivery. The sequence of activities is:

  1. If one doesn't exist, establish a risk management matrix (a simplified example is shown in Table 18.1).
  2. Review lessons learned from past similar projects – apply them.
  3. Select the best team suited to the type of project being delivered (designers, advisors, core team members, and project managers).
  4. Know the client – ideally from past experience – adjust approach to suit.
  5. Establish a regular team member communication protocol and follow it.
  6. Establish a single point of contact with the client in order to maintain clear communication.
  7. Establish a PMP – this entails setting out roles and responsibilities, team organisation, and reporting relationships, and communicating it to all team members, getting full team ‘buy‐in’ and acceptance.
  8. Establish clear leadership and control of the team reflecting it in the PMP.
  9. Begin work!

Interesting to note that items 1–8 are undertaken before any project specific construction work has begun. Building the proper foundation is no less important figuratively than it is literally in creating a physical building foundation, or substructure.

Well‐managed project risks lead to project success. The process begins with identifying categories of risk and planning of methods to deal with these risks. In general terms, once risks are identified, methods to deal with them need to be put into place. If risks are not identified and managed they could potentially lead to any combination of the following:

  1. Project schedule not being met – potential for liquidated damages being applied.
  2. Project being over budget – for fixed price contracts the contractor generally absorbs the over‐run where there are no remedies for compensation.
  3. Termination by the owner for a contractor default – failure to perform the work as specified.
  4. Liability for third party damages – subcontractors, third parties.
  5. Liens being placed against the work.
  6. Counterparty law‐suits for damages.

The following is a list of some of these key risk management methods:

  1. Schedule planning and management – ensuring enough schedule float has been provided; scheduling to accommodate unknown permitting time frames.
  2. Insurance – certain risks can be insured against; business interruption liability with defined caps in exposure.
  3. Specification review – prior to contract award, plan to review and revise specifications with owner to ensure a deliverable project.
  4. Personnel – assigning the correct number, experience level, and organisational structure to successfully manage the project; for example in urban areas, assigning a single person or team to deal with utilities locates and relocates.
  5. Contract with owner – when the opportunity exists prior to contract award, review unfavourable or poor value for money (for the owner) contract terms in an attempt to correct.

There are at least four categories within which projects can measure success and therefore risks managed successfully. There are varying degrees of success derived from risk management, but ultimately a highly successful project achieves all project goals. In order to establish a framework for showing how to achieve success, it is worth reviewing at least four key areas. Achieving goals and successful risk management can be expressed in the following categories:

  1. A project where no one has been hurt.
  2. A project that has achieved all of its financial targets.
  3. A project that has fostered and maintained personal and corporate relationships.
  4. A project that has met or exceeded its technical requirements.

The four categories within which to measure success and to employ risk management methods are therefore:

  1. Safety:
    1. All stakeholders buying into and following safety protocols;
    2. No recordable incidents;
    3. All participants empowered to work safely (prime and subcontractors, owners, consultants, etc.).
  2. Finance or economics:
    1. ‘On time’ and ‘on budget’ delivery.
    2. Acceptable returns on investment (ROI) for all participants.
    3. Minimal claims.
    4. Sub‐contractors and supplier ROI achieved.
  3. Relationships:
    1. Happy client.
    2. Dispute resolution managed fairly and properly.
    3. Good on‐going relationships with various authorities providing approvals and permits.
    4. Happy partners, designers, and internal team members.
  4. Technical:
    1. Clients (users) programme requirements met.
    2. Benchmark technical specifications met or exceeded.
    3. Efficient and economical design.

Risk management techniques should be designed and used to ensure success in the above four areas.

These are the key measures of success, but how do you go about the process of winning the project and delivering success? What process do you need to follow in order to be able to undertake a project that can then be measured as successful or not?

18.3 Planning for Success and Managing Risks

Success is not the result of luck. It is the result of careful planning. ‘Plan the plan’ and ‘plan to plan’ are keys to success and the fundamental basis for risk management. A famous golfer once said that ‘the more I practice, the luckier I get’. The same idiom applies, although the ‘practice’ component in the context of a construction project would be preparation and planning. I believe that 50% of the contribution to the success of a project occurs before anyone actually gets on a construction site. The same level of effort should be expended in selecting projects as in building them.

There are several key planning activities that should be used in preparation for creating a successful project. These activities should take the form of a risk mitigation matrix where possible. Filling out the risk matrix should then be one of the evaluation tools used in deciding whether or not to pursue a project. Keeping in mind the categories for success measurement, the planning activities (or risk measuring categories) are as follows.

18.4 Go/No‐Go Stage

  1. Project type:
    1. Do we have experience of this type of project; have we successfully constructed this project type in the past?
    2. Are there particular technical issues with the project type, and do we know what they are and how to mitigate them?
    3. Do we have a partner(s) that do have the specific experience required, with corporate philosophies aligned?
  2. Personnel:
    1. Do we have personnel with specific successful experience in the project type?
    2. Can we commit senior project personnel to the project for the project duration?
    3. Do we know the subtrades and have relationships with them in the local project area?
  3. Processes and procedures:
    1. Do we have proper internal and external communications skills and procedures in place and known to all parties?
    2. Do we prepare and follow a comprehensive PMP, and do we communicate this to all team members including the client?
    3. Do we have internal safety committees and clearly defined work procedures and processes?
    4. Do we provide the proper safety training both on and off site?
  4. Authorities:
    1. Do we have experience dealing with local authorities and permitting agencies (building, utilities, planning, traffic, rail, etc.)?
    2. Do we fully understand local approval processes and timetables?
    3. Do we fully understand the selection process – lowest price, best value, and highest technical score?
  5. Technical:
    1. Are the consultants the best for the project at hand?
    2. Have we worked with them in the past?
    3. Do we fully understand all liabilities and is insurance available for them?
  6. Competition:
    1. Do we know the competition?
    2. What is their financial strength?
    3. Do they have bonding capacity?
    4. Who are their advisors?
    5. What is their track record with the client?

In designing the matrix, key evaluation criteria leading to a ‘go or no go’ decision should occupy the vertical axis. The horizontal axis should contain qualitative categories and mitigation actions that when filled in properly, will result in a risk management plan. In fact, a project will ideally have multiple levels of risk matrix, beginning with a ‘go/no go’ analysis or matrix. Beyond this category, matrices can be prepared for all aspects of the project as follows.

  1. Specifications:
    1. General conditions
    2. Division content – vague or clearly defined
    3. Contradictions between sections
    4. Technically correct.
  2. Drawings:
    1. Clear and complete
    2. Drawing and section references – complete and accurate
    3. Explanatory
    4. Technically correct.
  3. Project mobilisation:
    1. Site access
    2. Permits
    3. Equipment availability
    4. Long delivery item ordering and costing.
  4. Consultants:
    1. Experience
    2. Integrated into the construction team
    3. Previous experience working together.

Table 18.1 is a very generic version of a matrix that would contain many more categories and be significantly more comprehensive at the ‘go/no go’ stage of the risk mitigation process.

18.1 An example of some of the components of an initial ‘go/no go’ risk matrix.

Risk management matrix ‘Go/no go’  stage
Category Potential risk Experience  level Technical  issues Available  partners and staff Safety record on  similar Do we know the authorities?  Who are the competitors? 
Project type
Personnel
Process and procedures
Authorities
Technical
Competition

Table 18.2 shows a generic risk matrix based on the assumption the project is proceeding. Once again, it is a summarised version of what would likely be multiple matrices that would relate more specifically to various components of the project.

18.2 An example of a generic risk matrix based on the assumption the project is proceeding.

Risk management matrix
Category Potential risk Schedule mitigation  Price  Insure  Push back  to client Combination of measures – other  Risk not acceptable – do  not proceed
Specifications General Conditions vague
Section contradictions
Drawings Alternates acceptable
Mobilisation Granular location
Job site lease
Permitting process
Long delivery Items
Consultants Fee approach

Keep in mind that when you Google ‘risk management in construction’ you get over 64 million results. Many lengthy books have been written on the subject, so what is contained here is only meant to point out some of the key components of risk management and to give brief guidance and direction as one investigates further the process of risk management.

18.5 Summary

The following summarises the key components of success through risk management in North American projects:

  1. Success is achieved through detailed risk management.
  2. Risk management matrices should be used as follows:
    1. Initial go/no‐go decision making
    2. Bidding phase
    3. Construction phase
    4. Post construction – warranty phase.
  3. Risk management plans should form an integral part of a detailed PMP.
  4. The Plan and the risk management process should be explained and understood by all team members including the client.
  5. Rapid and effective communication of issues throughout the construction cycle (design through post construction) is critical to managing and mitigating risks.
  6. Effective analysis of the mitigation measures to be employed should take into account the potential additional cost that could be simply applied, versus other less costly (but effective) approaches.
  7. Every person involved in a project has a responsibility to identify, communicate, and manage risks in the same way that they should be empowered to do for safety matters.
  8. Regardless of the level of technical sophistication built in to risk analysis, the process is applied by humans. Making sure that project participants are ‘invested’ in delivering its success will reduce risks, or ensure they are mitigated. Often, a portion of team member remuneration tied to successful risk mitigation can be effective.
  9. Another effective method of managing risk derives from a pre‐construction partnering session, followed by at least annual sessions during the course of construction. Again, this approach focuses on the interpersonal relationships of ‘partners’ (client and design build team) establishing direct lines of communication and a hierarchy of issue resolution based on each party's project objectives.

18.6 Recent Projects: A Success and a Failure

18.6.1 Project A – A Highly Successful Outcome for all Stakeholders – Southwest Calgary Ring Road, Calgary, Alberta, Canada

Project overview – 31 km of 6 and 8 lane divided highway, 14 interchanges, 47 bridges, one road flyover, one railway crossing (flyover), one culvert set, one tunnel, and three river crossings – 30 year operations and maintenance

Delivery model – Public Private Partnership

Developer – Kiewit (Canada) Development Company, Meridiam Infrastructure,Graham Capital, Ledcor Industries

Constructors – Kiewit, Graham, Ledcor

Client – Alberta Transportation

Operations and Maintenance – AHSL

Project Capital Value – CAD1.4 billion

Initial challenge – large team with multiple parties in developer and constructor roles

Project status – construction 30% complete

Keys to success:

  • Clear PMP
  • Heavy involvement of each company's senior management from the outset of the project
  • Fully developed risk matrix identifying risks and mitigants
  • Strong client relationships developed from the outset of the project
  • Managed interaction between the design/builder and the Operations and Maintenance provider and developer

18.6.2 Project B – An Unsuccessful Project for Certain Parties Relative to Initial Expectations – Santa Clara County (California), Valley Medical Center

Project overview – 168 Bed Tertiary Care medical facility

Delivery model – design/bid/build

Owner/client – Santa Clara County, California

Constructors – Turner Construction

Project capital value – original value US$290 million (at tender award); revised value(after change orders delays, etc.) US$560 million

Initial challenge – applying a delivery model not best suited for implementation withincomplete drawings and specifications and tender time

Project status – in operation

Lessons learned:

  • On a large and complex project where the owner manages the architects and the builder builds the owners design, there is an inherent conflict between builder and architect.
  • The project went to tender without a completed design so a proper assessment of the risks associated with tendering with an incomplete set of plans should have been carried out.
  • The contractor was selected on the basis of the lowest price with incomplete plans leading to many extras, change orders, and schedule delays.
  • This was not the appropriate delivery model for a large and complex project if design drawings were not 100% complete when tendering. Design/build or a Public Private Partnership would have been more appropriate, even though neither may have reduced the capital cost significantly, but they would have resulted in eliminating significant delays.