Professional Documents
Culture Documents
EXECUTIVE
Construction
January 2007 THE MAGA Z INE FOR THE BUSINESS OF CONS TRUCT ION
CONSTRUCTION
FORECAST
R E V O L U T I O N
contents
January 2007
c onstruc t ion e xecut i ve
f e at ure s
12 2007 Construction Forecast
Check out what the economy has in store for various seg-
ments of the construction industry, including commercial,
educational, manufacturing, lodging, transportation and more.
28 The Importance of a
Professional Liability Application
Department s
4 On the Level
6 Washington Update
8 Construction Headlines
10 Legally Speaking
58 Risk Management
62 Workforce Development
64 Product Gallery
36
70 Around the Nation
72 Community Spotlight
February Preview
Look in next months issue for coverage of military-related
construction and a special section on construction law.
COVER: PHOTO COURTESY OF BENTLEYS BE AWARDS OF EXCELLENCE PROGRAM.
By Maurice Baskin
Immigration Service
Extends Returning
Worker Exemption
U.S. CITIZENSHIP AND Immigration
Services (USCIS) has extended through
Sept. 30, 2007, an exemption that excludes
returning workers from counting toward
the annual cap on the number of petitions
submitted for temporary H-2B visas.
The agencys H-2B program permits
employers to hire foreign workers to travel
to the United States to perform temporary FAA Anticipates $41 Billion in Airport Work
nonagricultural work. To qualify for an H-2B A NEW REPORT from the Federal Aviation Administration (FAA) estimates $41 billion in
visa, the job and the employers need must airport construction will be eligible for federal grants during the next five years. The FAA
be one time, seasonal, peak load or in- is required to provide Congress with this estimate every other year so lawmakers can
termittent, the job must last less than one decide which airports receive federal funding under the Airport Improvement Program
year and there must be no qualified and (AIP). In 2004, Congress authorized $14.2 billion for AIP over four years.
willing U.S. workers available for the job. Infrastructure projects funded by the AIP are intended to help airports meet
The extension, which was mandated un- design standards and ease congestion. According to the study, 27 percent of the $41
der the National Defense Authorization Act billion is needed to meet standards, 20.6 percent is needed to increase capacity, 17.3
for Fiscal Year 2007 (H.R. 5122), exempts all percent is for reconstruction and 16.8 percent is for terminal work. The report also
returning workers who have been counted noted the fastest-growing sectors in airport construction are pavement reconstruction
against the H-2B cap in one of the three fis- ($7.1 billion), runway safety ($1.9 billion) and security ($1.3 billion).
cal years preceding the current year.
Construction F
12 | Construction Executive January 2007
nomic landing, with growth slipping from
an estimated 3.4 percent in 2006 to about
2.5 percent this year, the slowdown could
mean less pressure on commodity prices first quarter of 2006, FMI reports. These
and a slower rate of increase for the cost of centers, often anchored by large grocery
building materialspotentially good news stores, face competition from big-box mer-
for construction firms. (See sidebar, p. 32) chants and bulk warehouse retailers.
States will continue to support insti- Although big-box retailers like Wal-
tutional construction programs as rising Mart continue to expand, these stores
student and elderly populations put pres- in place will increase 32 percent from $78.9 face opposition in big cities and challenges
sure on existing facilities. Infrastructure billion in 2006 to $104.3 billion in 2010. moving into markets with higher land and
repairs, especially in the Gulf Coast, will The retail industry continues to per- labor costs.
keep contractors busy. form somewhat well, attracting inves- Vacant shopping center space was
The 2007 construction market will be tors interest despite a number of national expected to grow by 377 million feet by
a mix of pluses and minuses, with the net retailers announcing plans to close stores the end of 2006, according to FMI.
result that the forecast for total construction or decrease planned openings, FMI says. Rising interest rates, higher gas prices
is $668 billion, a modest 1 percent decline, Total sales volume for regional malls and the cooling housing market could fur-
according to McGraw-Hill. has slowed recently, with only 12 regional ther depress consumer spending and nega-
The following offers a snapshot (excerpted malls switching hands during the first tively affect this construction segment.
from FMI, a consulting firm based in Raleigh, quarter of 2006. One reason for the slow-
N.C., and McGraw-Hill forecasts) of what down is investors are finding fewer quality Educational
to expect in various construction industry assets for sale, FMI reports. As an excep- Education is the largest nonresidential
market segments this year. tion, Lord & Taylor, a unit of Federated building marketbased on the value of
Department Stores Inc., and Michaels total constructionfor both new con-
Commercial Stores Inc., were bought out by NRDC struction and renovation projects through-
Retail, wholesale and selected service Equity Partners and Bain Capital/Black- out the nation. Activity rose 11 percent
industries, including the automotive and stone Group, respectively. in the first quarter of 2006 compared to
food and beverage industries, will continue Sales volume for national strip shopping the first quarter of 2005, with more than
positive growth through 2010. centers dropped by as much as 12 percent $19.6 billion of public construction in
FMI predicts commercial construction put between the first quarter of 2005 and the place, according to FMI.
School construction will be a lead-
ing growth market in 2007, with rapidly
increasing student populations at all edu-
cation levels, widespread overcrowding
and antiquated facilities driving the need
for new and renovated buildings.
FMI expects $116.2 billion of construc-
tion put in place by 2010, with an average
growth rate of 8 percent to 10 percent in
the near future.
Forecast
Demographics and local school bud-
gets play a part in where new construction
takes place.
According to FMI, states leading
growth in primary education facilities in
2006 (based on number of projects) were:
California, Texas, Ohio, Florida, North
Carolina, Georgia, Virginia, South Caro-
lina, Illinois and New York.
States leading growth in secondary
education facilities in 2006 were: Arizona,
California, Texas, Ohio, South Dakota,
Nevada, Delaware, Connecticut, Michi-
gan and Iowa.
Schools are bursting with high enroll-
ment; more than 55 million elementary,
middle and high school students enrolled
in classes across the nation in 2006. And
January 2007 Construction Executive | 13
2007 Construction Forecast
In 2005, the states with the highest lina, Colorado, California, Ohio, Texas and health care spending will exceed $4 trillion
number of U.S. Green Building Council Oregon, with more than $1 billion in health by 2015, accounting for more than 20 per-
LEED projects were California, Pennsyl- care construction under way in each state. cent of the U.S. gross domestic product.
vania, Washington, New York, Oregon, The aging U.S. population, new tech-
Texas, Massachusetts, Michigan, Illinois nologies and changing environmental Lodging
and Virginia. requirements shape decisions about new The lodging industry continues to experience
According to a McGraw-Hill survey, hospital design and location. New features a strong recovery, and hotel construction is
86 percent of the architecture, engineer- in construction include private rooms, set to gain momentum through 2010.
14 | Construction Executive January 2007
2007 Construction Forecast
Public Safety
FMI predicts the value of public safety
construction put in place will continue to Materials Prices:
grow steadily until 2010, with an overall
increase from $11 billion in 2006 to $15.5
Leveling Off, But Still High
Materials prices will increase more slowly in 2007, compared to the alarming price
billion in 2010. hikes that took place in recent history.
Inmate populations continue to grow The producer price index issued by the U.S. Department of Labors Bureau of
at an estimated 3 percent to 5 percent per Statistics indicated a 10 percent jump in the cost of materials in 2004, mostly due to
year. Two-thirds of the inmate population a sharp rise in steel prices and demand from China. Prices rose another 5 percent in
resides in federal prisons while state pris- 2005 as a result of supply disruptions caused by hurricanes. In 2006, prices rose 7
ons house the remaining one-third. percent in the first eight months compared to the same period a year ago.
Ten prison-system populations grew by Copper wire prices climbed 73 percent in 2006 as a result of tight inventories and
more than 5 percent between June 2004 and speculation in the commodities markets. Luckily, forecasts predict copper prices will
June 2005. The top three states were Mon- settle back to normal in 2007 as production increases.
Asphalt paving materials climbed 27 percent in 2006, but the retreat in oil prices
tana (up 7.9 percent), South Dakota (up 7.8
may exert some downward pressure on asphalt prices this year.
percent) and Minnesota (up 6.7 percent).
Gypsum prices rose 23 percent and cement prices rose 14 percent in 2006. The
Crowding is partially due to longer price of gypsum will level off in 2007 due to the slowing housing market and the
sentences and an increase in drug and groundbreaking of several gypsum plants.
immigration convictions. In California, for Cement prices rose approximately 14 percent in 2006, and prices will remain at
example, approximately 167,000 inmates a high level as infrastructure work demands the material. According to the Portland
crowd jails, many of which operate at Cement Association, worldwide portland cement consumption increased 5.6 percent
double capacity. in 2006 and will rise another 5.5 percent this year. Developing economies in Asia, the
The federal governments focus on ille- Middle East, Eastern Europe and South America will play a critical role in consumption.
gal immigration is expected to result in a To help ease the burden, clinker capacity additions will begin in 2007.
24 percent increase in immigrant detainees Steel prices will remain high, but supply capacity from China and rising steel inven-
tories in the United States may help ease the price burden.
by fall 2007.
Lumber prices, however, were down 1 percent in 2006, and the housing slowdown
Budget deficits and reduced funding
makes it unlikely prices will increase this year.
for federal prisons will continue to drive
the need for public-private partnerships to Sources: McGraw-Hill Construction; Portland Cement Association
reduce the long-term costs of constructing
safe and adequate facilities.
According to the Department of Jus- between 2000 and 2010, will have more Religious
tices Bureau of Justice Statistics (BJS), pri- leisure time during retirement, influencing Although this segment lagged earlier this
vate corrections companies manage more construction growth. decade, the recent residential construction
than 12 percent of all federally sentenced Public fears, such as terrorist acts or boom led to a surge in the demand for
offenders and approximately 6 percent of high gas prices, could restrict amusement church construction, with a total of $7.8
state inmates, and these figures continue and recreation construction in the com- billion of religious facility construction put
to increase. ing year, though not as severely as in the in place in 2006.
earlier part of the decade. FMI forecasts only a slight increase in
Recreation and Amusement Leading the growth are casino hotels. religious construction spending for 2007,
In the next four years, the amusement and In 2005, MGM and Mandalay completed for a total of $8 billion, followed by an
recreation construction sector will return to a merger for $8 billion, and Harrahs and additional 3 percent increase in 2008.
profitability. Construction activity jumped Caesars completed a merger for $9.4 bil- Suburban and rural areas will witness
14 percent in 2006 and will grow another lion. Large casino construction invest- the most dramatic religious construction
7 percent this year, according to FMI. ments and projects continue to emerge as activity.
These figures are considerably high revenues stabilize following these mergers. Construction of megachurches, those
compared to relatively flat activity in the For example, the $452 million casino por- with a weekly attendance of 2,000 or more,
past five years. tion of the Encore at Wynn project in Las will continue to be a trend. Average atten-
Factors affecting this sector are house- Vegas broke ground in 2006. dance at U.S. megachurches increased 57
hold disposable income, leisure time, safety Outside the Strip, Native American casi- percent from 2000 to 2005, while aver-
fears and traveling costs. The over-55 nos will develop in smaller cities, bringing age attendance at traditional churches
population, set to increase by 40 percent increased opportunities for contractors. increased 12 percent during the same
18 | Construction Executive January 2007
2007 Construction Forecast
become increasingly attractive to commut- Total Put in Place 1,155,960 3% 1,181,713 2% 1,250,675 6% 1,331,703 6% 1,425,482 7%
ers as high fuel prices, urban congestion *Improvements include additions, alterations and major replacements; not maintenance and repairs.
and suburban sprawl create transit prob- Source: Building permits, construction put in place and trade sources. Estimates and forecasts by FMI. This report is based on multiple sources.
lems. Statistics provided by the American
Public Transportation Association indicate increase by more than 50 percent from Water, Sewage and Waste
that light rail ridership rose by 20.8 per- 2001 to 2010, and international container Increased regulation, decreased federal fund-
cent between 2000 and 2005. Commuter traffic will more than double. ing and aging infrastructure will continue to
rail ridership increased 2.8 percent in the For highways and streets, total yearly affect the wastewater service industry, with
same period. The success of rail lines has construction put in place will grow 7 percent 10 percent growth predicted in 2007.
spurred interest in future rail projects in in 2007 to 78.2 billion, up from $73.1 bil- Many of the 16,000 wastewater treat-
communities nationwide. lion in 2006, according to McGraw-Hill. ment systems in the United States have
Although airport construction spend- The primary challenge for the trans- exceeded their life expectancies, with
ing decreased nearly 6 percent between portation sector will continue to be fed- some sewer systems operating at 200 years
2001 and 2004, forecasts show guarded eral and state funding. Street and highway of age. The Environmental Protection
optimism for this market segment. construction will remain somewhat steady Agency estimates the need for national
Upcoming terminal expansions and secu- until the Safe, Accountable, Flexible, investment of more than $390 billion
rity enhancements will provide notable Efficient Transportation Equity Act: A during the next 20 years to replace exist-
opportunities for contractors, but funding Legacy for Users expires in 2009. How- ing systems and build new systems. The
concerns will lead project owners to pur- ever, the law cannot adequately fund all current administration has proposed 22
sue financing alternatives such as public- of the nations infrastructure improvement percent wastewater funding cuts in 2007.
private partnerships. demands, and large projects depending on Nationwide, increased residential and
As levels of cargo traffic increased, federal funding could be delayed. commercial construction has strained
U.S. ports planned to spend $10.4 billion Public-private highway toll arrange- the nations ability to provide adequate
between 2003 and 2007, up from $7 bil- ments are helping to provide construction water supplies. According to FMI, water-
lion between 1998 and 2002. Construction funding to states, including Illinois, Indi- related construction will total almost $14.8
will focus on improving freight handling ana, Virginia, Texas and California. billion in 2007, an increase of 9 percent
capacity, port infrastructure modernization With asphalt prices surging 48 percent from 2006.
and security enhancements. The Depart- between May 2005 and May 2006, contrac-
ment of Transportation anticipates total tors will increasingly use recycled asphalt Pinch is assistant editor of Construction
freight moved through U.S. ports will for non-highway road construction. Executive.
An Industry
BY LAUREN PINCH
OF ABC FAMILY
before they could afford to hire steel erec-
tors to perform the jobs.
Mark, younger than Dave by 13 years,
worked for the company during his sum-
mers off from school.
The brothers soon moved away from
the pre-engineered metal building market
and shifted the business toward general
contracting in the 1980s. They targeted
more work in the city and suburbs and
began to specialize in tilt-up concrete con-
struction for commercial, institutional and
industrial projects. Most of the companys
projects now are performed on a design-
build basis, and the company self-performs
much of the concrete work.
The Meyer Companies team, sitting from left: Bob Wolf, director of new
business development; Roger Meyer, founding partner; Dave Meyer, founding
partner; and Greg Fitzsimmons, director of construction management.
Standing from left: Rob Heise, principal of Heise-Meyer, LLC; Dennis
OGrady, vice president of operations; Tom Davis, CEO of Meyer Companies,
Inc.; and Mark Meyer, president of Meyer Brothers Building Company.
this
pany built
The com n theater in
14-scree Kan. customer and the city to create the land-
Topeka,
lease opportunity, Meyer says.
Success stories like this one are what
make Meyer love his job.
I enjoy starting out with a piece of
raw ground and coming up with an office
building, putting together the ownership
group and financing, and then finding the
tenants for it, he says. I enjoy the com-
plete real estate cycle.
Hes also proud of the people he works
with every day, and makes a strong com-
mitment to their continuing education
and training. Employees can participate
in ABCs apprenticeship program for car-
penters and electricians; an in-house men-
toring program; a certification program
through the Tilt-Up Concrete Associa-
tion; OSHAs 10- and 30-hour training;
CPR training and more.
building through a unique leaseback The company collaborated with the
say theyre amazed were still together in arrangement. The client found desirable National Center for Construction Edu-
business after almost 30 years. land for its future property, the city bought cation and Research (NCCER) to start a
In recent years, Dave Meyer has led the 11-acre parcel, The Meyer Companies metal building apprenticeship for ABCs
the company into construction manage- built the office building and leased it back Heart of America Chapter, supplied
ment, development, real estate brokerage, to the client. The city then decided the site instructors for the program and built
maintenance and property management was a desirable location to build a hotel classroom space at Blue Springs High
services as the chief operating officer of and conference center and hired the firm School.
the development branch of the company. for the new projects. This type of leadership comes naturally
He recently helped a client in Blue It was a unique situation where we for Meyer, who ascends the ranks at most
Springs, Mo., move into a larger office used a lot of creativity to work with our every community, church and trade orga-
26 | Construction EXECUTIVE January 2007
nization he joins. Recently, ABC became Holding a position on the ABC Exec-
his primary volunteer commitment. Meyer utive Committee for the past five years
says his passion for the merit shop philos- has given Meyer and his wife, Lauri, the
ophy and the free-enterprise system makes chance to travel and meet construction
the time spent away from his business and professionals across the country.
family worth the sacrifice. I look back at it, and its unbeliev-
I did not join ABC because it was a The Briarcliff Village Shopping District, able, Meyer says of moving up the ranks
Kansas City, Mo., also won an ABC Excellence
construction association, he says. I joined in Construction award.
of the association. There have been so
because of its values, beliefs and philoso- many standout moments, so many unique
phy. I feel privileged to be associated with to stop the flywheel in motion, he says. I experiences.
so many people that share these ideals. think our past leadership has gotten the The Meyer brothers created a succes-
Meyer has firsthand experience defend- momentum going, and its my charge to sion plan that included hiring the firms
ing the merit shophes faced union keep that momentum going. current CEO, helping to relieve Dave of
threats, battles with the National Labor Meyer plans to stick to the associations some management responsibilities and
Relations Board and jobsite vandalism. strategic goal: When people think con- allow time for ABC travel obligations.
In 1980, when a union picket disrupted struction, they think ABC. We are mak- Lauri Meyer runs her own business, giv-
the metal building construction at an ing progress, but we have a long way to ing her the opportunity to travel when her
auto dealership, the Meyers sought advice go, he says. I want to emphasize that we schedule allows.
from industry friends, who pointed them must continue to strive to be the leaders of She has become a part of the ABC
to ABC. The company has been a loyal the construction industry. family as much as I have, Meyer says.
member of the Heart of America Chap- He hopes ABC will grow to 24,000 When hes not managing the business
ter ever since. Meyer joined ABCs board membersor better yet, 25,000 members and leading the construction association,
of directors in 1995 with encouragement under his leadership. Meyer visits his three daughters, who live
from friend and colleague Patrick Shelley, In addition to membership growth, in Oklahoma City, Okla., and Scottsdale,
general manager of Service Electric, Inc., his pet projects include addressing the Ariz.and still manages to squeeze in a
Blue Springs, Mo. construction workforce shortage, as well couple rounds of golf.
Now, as national chairman, Meyer as maintaining ABCs political voice on
hopes to continue the momentum set by health care reform, project labor agree- Pinch is assistant editor of Construction
his predecessors. I dont think its my job ments and immigration reform. Executive.
The Importance of a
Professional
Liability
Application overall quality of the staff, and also (when
compared to revenue) whether the firm
appears to be over- or under-staffed.
Professional AssociationsUnderwriters
want to know about the firms participa-
COMPLETING A PROFESSIONAL The quality of a submission is critical. tion in professional associations because
liability insurance renewal application rep- It should be professionally prepared, com- this shows a commitment to the industry.
resents an opportunity for contractors to plete and include all requested attachments. OwnershipUnderwriters want to know
reduce their total cost of risk. In addition, a principal of the firm should if anyone else has an ownership interest in
When evaluating an application, insur- write an executive summary to explain why, the firm. Sometimes outside ownership
ance underwriters first determine insur- from an underwriters perspective, the firm can compromise autonomy. The exposures
ance premiums. Underwriters evaluate an deserves a favorable rate. of a parent company must be evaluated
application on both objective and subjec- A specialist insurance broker can help as well. In some cases, a parent company
tive bases. Objectively, they look at things draft this letter. The broker also should will be specifically excluded. Underwriters
like discipline, areas of practice, firm size provide a letter profiling the firms posi- also want to know if any of the firms key
and loss history. Subjectively, they exam- tive attributes. personnel have an ownership interest in
ine the quality of the firm, the rsums of another entity because common owner-
key players and the guidance the broker firm Profile ship can create conicts of interest.
provides. Based almost exclusively on this All insurance companies want a company Equity InterestNearly all professional
one form, underwriters determine the pre- profile, including whether the firm is a liability policies contain an equity interest
mium for the next year. sole proprietorship, a partnership or a exclusion. If the firm has an equity inter-
The application is also an opportunity corporation. est in a project over a certain percentage
to evaluate a firm once a year. Many of Named InsuredList not only current (10 percent to 25 percent is common), the
the questions on the form serve as a risk entities, but also pre-existing entities. project is excluded from coverage under
management audit for operations. The policy will provide coverage only the policy. The preferred exclusion makes
In most cases, an application is war- for those entities specifically listed as a an exception for third-party claims.
ranted to the policy. If there are material named insured. RevenuesIn order to arrive at the pre-
misrepresentations in the application, Number of PersonnelThe number mium, underwriters calculate a rate based
insurance companies can void coverage. It of personnel is usually broken down to on the application and multiply it by a
is imperative for the application to be an principals, professional and technical revenue number. Some insurance compa-
accurate representation of the firms work personnel, and other job classifications. nies use the revenue number from the last
profile. This gives underwriters an idea of the fiscal year, while others develop an average
28 | Construction ExEcutivE January 2007
of prior years with the projected year. disCiPline ers. Developers, for example, tend to bring
Branch OfficesUnderwriters want to Certain disciplines have higher exposures more lawsuits than public owners. Foreign
know if the firm has any branch offices, than others. Structural and geotechnical projects also pose underwriting issues that
where they are located and what percentage engineering tend to be at the high end of the need to be considered.
of gross revenues they generate. The break- range, while landscape architecture and sur-
down of gross receipts by office location veying tend to be at the low end. Architecture ProJeCt deliVerY metHods
is needed because premium is developed and civil engineering are near the middle. Underwriters typically want to know if
in part by using territorial rating factors. Application questions about the firms a firm is providing services in the tradi-
Premium taxes also may vary by state. discipline have a material impact on the tional design-bid-build fashion through
rate. Make certain that operations are clas- builder led design-build or other meth-
tYPes of serViCes sified appropriately. ods. They ask about fast-track projects,
This section of the application deals with turnkey projects and construction man-
the type of services the firm provides and ProJeCt tYPe agement work.
asks questions about environmental ser- The types of projects a firm handles is an From an underwriters perspective,
vices. How a firm categorizes its services important underwriting issue. Architectural design-bid-build and design-build proj-
has a material impact on its rate. firms identical in all other respects will have ects have similar underwriting exposures.
A firm performing construction obser- significantly different rates if one special- However, fast-track projects tend to create
vation for projects designed by others may izes in residential condominiums and the high liability. The insurance industrys def-
have a higher exposure. The firm could be other specializes in office buildings. inition of fast-track is a project in which
held responsible for design errors or omis- Residential projects tend to be the most construction begins before all of the design
sions that it fails to recognize during the hazardouscondominiums in particular. professionals drawings and specifications
construction observation process. A well- Underwriters consider office, restaurant are complete. Turnkey projects also have
written contractual provision exonerating and retail building design to be the least greater exposures than typical design-bid-
the firm from any work done by others is hazardous. build or design-build projects.
appropriate. Construction Management (CM) is a
Inspection as a stand-alone service also Period Under reVieW term that many in the insurance industry
can create problems. The scope of services Most applications ask for the percentage do not fully understand. For the purpose
provision must adequately describe the of a firms gross receipts attributable to of professional liability, most underwriters
firms responsibilities. Disclaimer language projects during the last complete year. insure CM Advisory but will not insure
must make it clear that inspection services CM-At Risk.
involve professional opinions and not cer- tYPe of Client (Note: Contractors professional liability
tifications, guarantees or warranties. Some clients are more litigious than oth- underwriters insure CM-At Risk.)
January 2007 Construction ExEcutivE | 29
p r o f e s s i o n a l l i a b i l i t y a pp l i c at i o n
BUsiness PrACtiCes loss HistorY Has any member of the firm given a
Underwriters want to know how well a All insurance companies want information statement or deposition, or testified in a
firm runs its business. They want to know about loss history for the past five to 10 years. proceeding other than as an expert wit-
if a firm has: Every claim requires a supplemental ness, relative to any problems on one of
a written quality-control manual; claim form. Include as much detail as the firms projects?
procedures for reviewing all client and possible in these areas, and pay particular Is the firm aware of any unresolved con-
subcontract agreements; attention to the question that asks: What struction problems, delays or change
specification checklists; has the firm done to avoid a similar claim orders?
procedural or technical manuals for in the future? Has the firm made any goodwill payment
in-house and field personnel; and Underwriters ask, Is any member of the or waived any fees to avoid a problem?
continuing education and training programs. firm aware of a circumstance which may Has a client stopped paying or commu-
They also want to know how a firm turn into a claim? A potential claim from nicating?
contracts for services. Firms are considered one year could result in an actual claim the
better risks if they use a standard contract. following year. Even when renewing with Prior insUrAnCe informAtion
Client-generated contract agreements are the same insurance company, that company Underwriters want to know who insured
much riskier. If a firm must sign these, could deny coverage if the potential claim the business in the past, prior limits of
explain the steps the firm takes to review was not reported. liability, deductible and premiums, as well
the forms. Underwriters prefer firms use Prior to renewal each year, contact key as the previous retroactive date. Although
professional association contract forms personnel to make certain they are not most underwriters honor a previous ret-
tailored to the specific project. aware of any claims or circumstances that roactive date, make sure of this before
Underwriters do not like client pur- have not yet surfaced. Discuss any ques- changing insurance companies.
chase order forms, which are usually writ- tions that arise with an insurance broker.
ten for contractors and contain uninsurable Take note of the following red ags: QUotAtion oPtions
warranty, insurance and indemnity provi- Has the firm been asked to correct a A firm can select limits and deductibles,
sions. Underwriters also frown upon verbal problem on a project? as well as any possible defense-sharing
agreements. Although legal in some states, Has the firm specified a product or pro- endorsements, such as dollar-one defense
such agreements tend to be convenient but cedure that is now known to be defective or shared expense.
detrimental if litigation occurs. or unfit for its designated purpose? Always obtain quotes for higher limits
Rating Factors
Rating Factor Debit Worst Case Premium Best Case Credit Premium
Initial Premium $50,000 $50,000
Territory +20% Southern California 60,000 Indianapolis -20% 40,000
Type of Work +25% Residential 75,000 Office Buildings -25% 30,000
Subcontractors 0% to -10% Uninsured 75,000 Insured -10% 27,000
Claim Experience +20% Higher than Expected 90,000 Lower than Expected -20% 21,600
Business Practices +25% Needs Improvement 112,500 Well-Managed Firm -25% 16,200
Premium Quote $112,500 $16,200
of coverage. It is not uncommon during the A list of the firms 10 largest projects the risk profile. The table compares two
year to be asked for higher limits by clients; This gives underwriters an idea of a firms similar firms using worst-case and best-
having these limits previously quoted sim- type of work. case rating factors from a typical profes-
plifies the process of determining that cost. A copy of the firms standard contract sional liability insurer.
formUnderwriters want to know that A thoroughly completed professional
Additional Information in-house contracts are appropriately liability application not only materially
Underwriters often want to review addi- written to provide a firm with necessary affects what a firm pays for insurance, but
tional information, such as: contractual protections. also serves as a self-audit of business risk
Rsums for principals, partners and Brochures describing a firms services management procedures.
officersUnderwriters compare areas of Periodically review websites and brochures A specialized insurance broker can help
experience to those services and projects to make certain these do not misrepresent a firm understand the application and
that generate a firms fees, and identify the firms capabilities and activities. assist in completing it correctly.
any significant deviations.
Rsums also can determine whether the Risk Profile Cavignac is president of Cavignac & Associ-
principals have the appropriate licenses The application process provides under- ates, San Diego. For more information, visit
or registrations required by the state. writers with what they need to determine www.cavignac.com.
R E V O L U
THOUGH NOT
YET PERFECT,
SMART 3-D
MODELS PROMISE
TO BE THE
FUTURE OF
CONSTRUCTION
Bentleys Be AwArds of excellence ProgrAm
T I O N
issues, reduce errors and omissions, pro-
vide more accurate cost estimates and
the list goes on.
Of course, BIM doesnt come with-
out challengeswhether legal, technical
or financialbut the move from 2-D
to 3-D and beyond appears to be here
to stay. Many industry members already
immersed in the technology are reaping
the rewards, including enhanced profit-
ability and a competitive edge.
The last big design shiftfrom
manual drawings to computer-aided
design (CAD)took about a decade
to become mainstream. Huw Roberts,
global marketing director at Bentley
Systems, Inc., sees BIM adoption hap-
pening exponentially faster.
Five years ago only the leading-
edge, sophisticated companies were
using it, he says of BIM. Over the
last couple of years, its been a tidal
wave of activity, and its accelerating.
Everybodys seeing competitors using
it. Everybody whos using BIM is doing
projects faster, better and more profit-
ably. Its not a cost or burden. Youre
going to be better off no matter which
way you measure the results.
BIM is well-suited for complex
projects, such as the ongoing renova-
tion and modernization of the Herbert
C. Hoover Building, a historic National
Landmark in Washington, D.C. Backed
by the U.S. General Services Admin-
istration (GSA), the project involves
restoring the exterior faade and install-
ing new building systems, life safety
systems, utility connections, security
upgrades and flexible office space. Start-
ing in 2007, all major projects receiving
design funding from GSA will require
some level of BIM technology.
BIM can be applied on a much
smaller scale as well, whether through a
pilot program or on one part of a whole
project. Roberts even used BIM to reno-
vate his home basement.
January 2007 Construction ExEcutivE | 37
BIM Revolution
IFCs are similar to what Hedlund called You want key decision makers at the Make an Investment
smart objects. The model-based standards table at the same time, says Scott Simpson, Most industry members are satisfied with
specify how real things (e.g., doors, walls) president and CEO of The Stubbins Asso- the theory behind BIM: New technology
and their properties (e.g., size, cost) can be ciates, a design firm in Cambridge, Mass. allows building information to be stored,
represented electronically in the model. Under the old paradigm, you do the design shared and analyzed, which in turn allows
IFCs are not able to solve all data and the construction documentation, and fewer translation errors and a faster,
exchange problems, so interoperability then the contractor would come in and do cheaper design process. Paying for and
remains a concern for BIM users. But, bidding and pricing. With BIM, everyone applying that technology, though, can be
the National BIM Standard Committee has a stake in the outcome. Everybody has a concern for executives deciding whether
is working to improve data exchange by a voice in the process. to go forward with BIM.
setting a standard for typical processes and
computer-based exchanges of informa-
tion used during the conception, creation
and operation of facilities. (A draft of the
United States National Building Infor-
mation Model Standard was released at
press time.) NISTs standard is intended
to ensure information gathered through-
out the lifecycle of a building is collected
in a standardized manner so it is useful to
all parties involved.
Models of the
Boston University
Katzenberg Center,
completed in September
2006.
Start Small
One of the best ways to get started using
BIM is by implementing it in stages. Sundt Construction
Rather than doing an entire BIM proj- is using BIM to build
its future headquarters
ect right off the bat, use the technology to in Tempe, Ariz.
help solve isolated problems.
42 | Construction Executive January 2007
Construction
Technology
e s t i m At i ng i n
3-D
c
bY PAt r ick moodY
onstruction estimating has come a long way from the days of but theyre not very impressive to paying
clients.
using a pencil and a sheet of paper. Computer spreadsheets may Although 3-D computer graphics are
commonly used in other industries, like
have initially seemed like a quantum leap from the cumber- medicine and aeronautics, the construction
industry has been slow to implement the
some manual method, but before long they gave way to semi- technology.
With the development of 3-D graphics,
automated, graphic-oriented estimating technology. contractors were afforded a dramatic new
level of functionality in their estimates. For
Graphic-oriented estimating technol- of what they were putting their money the first time, an estimator was able to tilt
ogy offered a tangible new dimension to into. up and down, zoom in and out and rotate
the work of estimators, who could see a But, graphic-oriented estimating tech- an image.
colorful representation of their project nology had several limitations. The static, Now, a newer graphic-oriented esti-
before a single nail had been hammered simplistic line drawings could be viewed mating technology can provide a real-
or an ounce of dirt had been moved. More only from limited perspectives. Isomet- time correlation between the list assembly
significantly, clients could get a better idea ric drawings may be just fine for drafters, and its graphical component. If an item is
46 | Construction ExEcutivE January 2007
Au t om at e d
e s t i m at i n g
changed in the list assembly, that change w i l l en a b l e Already on the development horizon is
is automatically and immediately reflected con t r a c t o r s 4-D rendering, which gives an estimator
on the graphical representation. the ability not only to tilt, zoom and rotate
Further, a new expanded view enables t o b i d ou t mo r e the view, but also to move vertically.
an estimator to see all the elements of a work than No doubt, construction estimating
project. With the click of a mouse, all of ever before. technology will continue to become more
the components instantly separate, allow- sophisticated in both design and function-
ing them to be examined individually. The ality, even as its usage becomes simpler and
expanded view verifies a project is correct an endangered species, but with the auto- more automated.
and complete. In addition, the user can go mation of many of the tasks they typically
inside the expanded view to examine com- perform, they may shift their focus to proj- Moody is an industry analyst for Quest Solu-
ponents from the inside out. ect management. Automated estimating tions, Inc., Sarasota, Fla. For more informa-
Similar to many computer-based pro- will enable contractors to bid out more tion, email info@questsolutions.com, call (941)
grams, hover text helps the user identify work than ever before. 349-5400 or visit www.questsolutions.com.
each component of the expanded views.
As the cursor passes over each component,
descriptive text appears and remains until
the cursor is moved to another component.
In addition, saved projects build onscreen
as they are opened, allowing the user to see
all the layers of components applied from
the start of the project through its present
state of completion. This also helps ensure
no components are hidden.
Though list assemblies typically appear
on separate screens within an estimating
program, programs have been developed in
which the 3-D graphics and list assembly
appear simultaneously via a split-screen,
providing maximum convenience for the
user. Both also can be viewed full-screen
for a more thorough inspection.
Along with advances to the interac-
tivity of 3-D views, estimating programs
also have advanced realism in their
graphical representations. In other words,
steel looks like steel, concrete looks like
concrete and wood has a woodgrain
appearance. These advantages are mainly
aesthetic, but a contractors eye-catch-
ing final bid presentation can translate
directly into client satisfaction and addi-
tional job opportunities.
Going forward, 3-D modeling pro-
grams will have a tremendous impact on
construction estimating. The synchroniza-
tion of their databases with those of esti-
mating programs will enable contractors
to take a 3-D model and import itevery
door, every beam and every cost item
directly into an estimating program. An
estimator will be able to conduct a virtual
basement-to-roof walk-through of the
project, wowing the client with detail and
accuracy.
Ultimately, as estimates move toward
automation, blueprints may no longer
need to be digitized. Estimators are not
January 2007 Construction Executive | 47
[S p e c i a l Section: Construction technology ]
M
By Christian Burger
any construction businesses have been quick to jump on the IT Internal Ambition Factors
Some companies have not kept pace with
bandwagon, but never really achieve solid footing. Some have technology or made an effort to standard-
ize processes. Employees already intimi-
learned valuable lessons along the way and have adopted better dated by technology often find an entirely
new system or process threatening. They
practices when it comes to managing both IT and automation view their value to the organization in rela-
tion to the one specific task they perform
expectations. (e.g., keying in timesheets). If field devices
for automatic time capture are introduced,
the employees may fear for their job secu-
Whether reading the latest industry Large-scale IT initiatives often require rity. They may not understand manage-
journals, meeting with other compa- far more energy and patience from an ment is planning to assign more ambitious
nies through peer groups or attending organization than expected. Ten years or valuable tasks to them. Fear of mak-
an industry conference, managers fre- ago, management would write a check for ing mistakes or not understanding how
quently wonder why their organization a new piece of software or hardware and the technology works are other common
does not get as much value from tech- then stand back, expecting new informa- concerns.
nology as others. This anxiety can lead tion and efficiency to magically appear. Employees also can become comfort-
to impulse purchases or initiatives that Many of todays senior managers are able controlling change orders, forecasts
are well intended, but not well thought more responsible. They involve the entire and commitments to make their jobs look
out. How can contractors better align organization in decisions and then commit better. Implementing a better integrated
their ambitions with their organizations the time and money necessary to ensure costing system exposes some of these hid-
capabilities? the implementation is successful. ing places, making it more difficult to
48 | Construction Executive January 2007
manipulate results or work off the grid.
Senior management can do a lot to
alleviate these concerns and get the team
moving in the same direction. A presen-
tation about the upcoming change can
work wonders. It also helps to take the
pulse of the organization from time to
time, checking to see how employees feel
about a new piece of software. Sometimes
being heard is all employees need to move
to the
100 next step.
Vender/Portal
B-i-C technology
HR
Imaging/
Workflow
Best-in-
Online
Class
Forecasting Integrated
PM
Systems PM
Today
Greater
Flexibility
Modest
Better HR Ambition
Greater
Ambition Integration
Technology
By Fred Ode
2
Know Your Numbers
Business leaders must
have a firm handle on
their companys finan-
cial information or,
regardless of economic
Companies that withstand the highs and conditions, the business is doomed to
lows of many economic cycles share some fail.
common traits, starting with the following Far too many contractors focus on their
five ingredients for success. trade expertise at the expense of their busi-
ness. Dedicating more time to everyday
1
Focus operations than understanding the books
Whether its the result puts them at a serious disadvantage. For-
of poor business man- tunately, most construction executives can
agement or excep- learn to understand the numbers.
tionally fast growth, Successful contractors regularly review
contractors often lose at least six common financial reports.
focus of what their business should look These include (but are not limited to) the
like. During periods of economic slow- balance sheet, the income statement, over-
down, when there is not enough work to head allocation, job cost reports, percent-
go around, these companies lose jobs to complete reports and cash flow. A num-
competitors with well-defined specialties. bers-focused executive is better equipped
Concentrating on a core area of business to manage profitability and productivity,
allows contractors to develop their niche while striking a balance between trade
and create a competitive advantage. expertise and business know-how.
Unfortunately, many construction With the help of easy-to-use con-
companies start out in one area and try struction accounting software, CPAs
to expand in too many directions, or the with expertise in construction and outside
wrong direction. A profitable paving con- consultants, nearly every contractor can
tractor, for example, may think the com- understand the numbers. If contractors
pany has the right tools and equipment to hope to be in business 10 years down the
expand into underground utility work. But road, their success depends on it.
it takes much more than just equipment to
3
venture into a new trade. It takes time and Prepare While
resources, and possibly a very long learning Times Are Good
curve, to take on a new business. Business owners can-
In contrast, successful companies are not afford to become
focused, yet open to new business opportu- too relaxed. Successful
nities. With a sharply defined understand- companies are forever
ing of their business, owners and managers reinventing themselves, especially dur-
can make the changes necessary to grow. ing favorable economic climates. Always
Long-term goals, for example, may call for keenly aware of their competition and
adding complementary services, expand- their customers, they are ready to adapt
ing a customer base or increasing areas of because they know that those who stand
service. When companies take the time still will soon be left behind.
January 2007 Construction Executive | 55
So, how do companies prepare when discussions and deal with them quickly.
times are good? Without the pressures His three-step process is simple: collect
that arise when business is down, com- and consider as much information as pos-
pany executives are in a position to make sible, make the decision and communicate
much better decisions. They have the it to the staff, and then move on. Following
ability to step back and look at each area these guidelines results in easier decision-
of business with a critical eye. This is the making, and the impact of each decision
time to shake things up by rearranging becomes less consequential.
departments or testing operations and Does this mean that successful, long-
procedures for effectiveness and produc- term contractors never make bad business
tivity. When revenues are up, the time is decisions? Of course not. But people learn
ripe to evaluate competitive advantages from mistakes, not from indecision. Even
and invest in equipment and technolo- a bad decision means something is set in
gies that will leverage those advantages motion, and most bad decisions can be
in the future. reversed or redirected. Companies that are
paralyzed with indecision, or stay with the
Make Difficult status quo, will surely fold.
4
Decisions
A newly hired project Use Technology
5
manager is failing to as an Accelerator
keep jobs on schedule. for Growth
A new business venture Whenever technology is
is draining working capital. The estimat- mentioned in the world
ing and accounting departments need of advertising, the word
software upgrades, but the budget cannot solution is usually not far behind. Its no
handle both. These are the kind of tough wonder that many construction owners or
decisions contractors face regularly. Rather managers look to technology as a quick
than risk making the wrong decision, many fix. Successful contractors, on the other
construction executives choose to make no hand, know that technology alone does
decision at all. not solve problems. Instead, it should be
The inability to deal with difficult deci- used to leverage strengths the contractor
sions can put a business on the fast track already possesses.
to failure. Jim Collins, author of the best-selling
In his book, Tough Management, business book, Good to Great, says not
author Chuck Martin says managers must only do successful organizations think
push tough decisions to the forefront of differently about technology than medio-
cre companies, but they tend to become
pioneers in the application of carefully
selected technologies. The best way to
use technology, Collins argues, is as an
accelerator of momentum rather than a
creator of it.
Every contractorlarge or small, tech-
nically advanced or seriously behindcan
use technology to its advantage. The com-
pany must first identify its strengths and
long-term goals. As long as the company
can identify products that fit its business
and help accelerate its strengths, it can
begin to think like a leader instead of a
follower. For many companies, that will
make the difference between success and
failure.
Who Needs
Pollution Coverage? A construction executive
with a firm that isnt involved with pollu-
tion-related businesses may feel the firm is
not exposed to a pollution loss. Many con-
tractors believe a general liability policy is
sufficient to take care of all the firms needs.
However, contractors dont have to
work in asbestos abatement or mold reme-
diation, or use silica, to be at risk for a pol-
lution loss. These days, just about everyone
is exposed.
Contrary to popular opinion, a general
liability policy contains a total pollution
exclusion. That exclusion has been refined
over the years to bar coverage for a host of
new and costly occurrences, ranging from
lead and asbestos pollution to avian influ-
enza. And, insurance carriers continue to
add more exclusions because of the sever-
ity of claims in the pollution area.
In the past five years, many high-profile
toxic mold cases helped bring the pollu-
tion insurance issue to light. The construc-
tion business remains generally blind to
this hole in insurance coverage because it
doesnt understand the risk involved. In
some cases, insurance brokers have failed
to help identify serious exposures.
The high cost of insurance also comes
into play. Often, the insured would rather
not pay any more for insurance than is
already being spent. When the market
turns and premiums go up, many firms
look to cut costs.
Typically, when contractors seek addi-
tional pollution coverage, its because a
claim or a near miss occurred. In some
cases, a general contractor requires proof
of coverage from a subcontractor.
Heres a look at a few examples of
real-life claims in which contractors were
denied coverage:
A contractor changed a door at a food
processing plant. The door was propped
up with a metal bar which fell and hit a
rusted pipe in the corner of the room. The
pipe contained ammonia, so the building
had to be evacuated. Nobody was inside
to shut off the cooking equipment. Con-
58 | Construction Executive January 2007
Risk Management
community
RI
A
Y
UNIT
spotlight
COMM IGHT
P O T L
S
BY ADRIENNE FORD