You are on page 1of 6

Risk analysis and management on

Public Private Partnership Projects


(PPP) in Serbia
Simo Suđić Goran Ćirović Snežana Mitrović
College for Civil Engineering College for Civil Engineering University of Banja Luka,
and Geodesy, Belgrade - and Geodesy, Belgrade - Bosnia and Hercegovina,
Management and Management and Faculty of Architecture
Organisation Department Organisation Department and Civil Engineering
sudic@codest.ru cirovic@sezampro.rs mitrozs@sezampro.rs

Infrastructure projects are going through a lot of diffi-


DOI 10.5592/otmcj.2013.1.6
Research paper culties, mostly connected with non standard established
financing in South Eastern Europe countries. During and
after transition period, undeveloped, insufficient but before all
obsolete infrastructure in Serbia became a essential problem
for further development of main economic resources (transpor-
tation, agriculture, mining, tourism etc.). Infrastructure network
is necessity for the development of different sectors (energetic,
agriculture, industry, commerce etc.). Domestic regulation is
not clear in allowing project financing through Public Private
Partnership (PPP) model, which is great opportunity for opening
new projects and finishing many projects with on hold status.
The main problem in decision making and starting financing
projects in that model is too many risks on the market, which
endanger projects from very beginning, especially in initiation
phase so many investors decide to leave projects in very early
phases. The analysis of potential risk elements, throughout the
processes from bidding to operational infrastructure projects,
is one of the most important elements to maximizing profit
and functionality, and properly develop country infrastructure,
while minimalizing potential difficulties that may arise. Much
Keywords of the risk of a PPP project comes from the complexity of financ-
Public private partnership ing, taxation, law regulatory, aquired technical documentation
(PPP) projects, Risk analyze and construction process involved in a major infrastructure
and management, venture. Main risks, their analyze and management on infra-
Project financing, structure projects are explained in this paper. After risk analyze,
infrastructure projects risk management tools are presented, together with method of
managing risks on PPP projects in Serbia.

696 o rga n i za t i o n , te ch n ol o g y a n d ma na ge m e n t i n co nst r u c t i o n · an international journal · 5(1)2013


INTRODUCTION – Also, it is observed that maintenance of the private sector entity, or the provi-
Background of public/private the infrastructure has very high costs as sion of services (using infrastructure
partnership projects low quality of construction and as whole facilities) by the private sector entity
In its widest sense a public/private live cost was not calculated during real- to the community on behalf of a public
partnership (PPP) may be defined as “a ization of investments. Current experi- sector entity. They can make many
long term relationship between public ence in Serbia construction sector lead forms and may incorporate some or
and private sectors that has the pur- to conclusion that local companies have all of the following features (Peirson
pose of producing public services and good experience in technical field, but G., McBride P, 1996):
infrastructure” (Zitron, 2004). Public/ not much experience in contract admin- XX The public sector entity transfers
private partnerships bring public and istration, and that is the main reason facilities controlled by it to private
private sectors together in long term for disputes and contract breaches on sector entity (with or without pay-
contracts. PPPs (public/private part- international projects. ment in return) usually for the term
nership) encompass voluntary agree- In April 2004, in its Green Paper of the arrangement;
ments and understandings, service- On-Public-Private Partnership and XX The private sector entity builds,
level agreements, outsourcing and pri- Community Law on Public Contracts extends or renovates a facility;
vate finance initiative. A PPP projects and Concessions, the European Com- XX The public sector entity specifies
therefore usually involves the delivery mission used the term ‘phenomenon’ the operating features of the facility;
of a traditional public sector service to describe the spread of public/pri- XX Services are provided by the private
and can encompass a wide range of vate partnership (PPPs) across Europe. sector entity using the facility for
options. General idea of that concept is That’s the main reason why these type the defined period of time (usually
to mobilize to use private sector capital of procurement of civil engineering with restrictions on operations and
to generate economic development, and infrastructure projects start to be pricing; and
and to deliver value for money to the reviewed in a countries which are in the XX The private sector entity agrees to
public sector, and the higher costs of process of joining the European Union transfer the facility to the public
private sector financing and the level of like Serbia, Bosnia and Herzegovina etc. sector (with or without payment) at
returns demanded by the private sector Traditional procurement process is less the end of the arrangement.
investors must be outweighed by lower complicated and cheaper than procure- XX As Serbia government have been
whole-life costs and increased risk ment of public/private partnership proj- motivated into entering into PPP
transfer. One of the main goals is to ects, as the procedure is demanding arrangements to improve lack of
develop infrastructure projects includ- and potential project members are not infrastructure and by the desire to
ing roads, hospitals and schools, with- experienced in these procedures. How- reduce debt, the other benefit is to
out the response to the limited capi- ever, several laws allow certain types of share financial risk between public
tal of the public sector and utilizing PPPs, Serbian law does not define and and private sector bodies, and in
superior cash and project management regulate PPPs in general. Serbian Con- the next chapter will be examined
capacity of the private sector. cession Law from 2003 covers conces- these risks.
As the infrastructure has great sions and BOT arrangements, but PPPs
impact on the development of whole model of financial arrangements is not Main risks on public/private
economic of the country, the main clearly defined. partnership projects
reason for the delayed development The main weaknesses in government The main risks of the PPP projects
of Serbian economy is many unfinished procurement systems in Serbia are: comes from the complexity of the
infrastructure projects. Financing that XX organization; arrangements between public and
projects has largely developed from XX process; private sector bodies. As the organi-
institutions like as European Invest- XX people and skills; zational structures of Serbian public
ment Bank (EIB) and the European Bank XX measurement; sector bodies are very complex (due to
for Reconstruction and Development XX contribution of the central very poor privatization process, insuf-
(EBRD), but disproportion of demand government. ficient modernization, involvement
and availability of financing obtrude Accordingly, PPP can be defined as and implementation of international
using new way of financing projects. agreements where public sectors standards etc.), it is very important to
More than ten years ago EIB has sig- bodies enter into long-term contractual approve organizational structure of
naled its intention to get involved agreements with private sector entities the project before operational phase.
in more public-private-partnerships for the construction or management of In project organization structure all
(PPP). (Marray, 2001). public sector infrastructure facilities by positions should be covered to obtain

s. suđić · g. ćirović · s. mitrović · risk analysis and management on public private partnership projects (ppp) in . . .· pp 696-701 697
full contact with project environment type of contracts. Civil protest may be XX Private sector warranties;
and to minimize risks and difficulties result of lack of stakeholder consul- XX Change in the law;
in delivery. tation before designing the project XX Variations;
Issues such a political leadership, structure, and lack of appreciation of XX Termination;
bureaucratic resistance to change and the political situation by bureaucrats XX Indemnification;
corruption often create disinterest and when structuring the environmental/ XX Intellectual property;
disillusion in the private sector. Critical commercial/cost recovery aspects of XX Claims;
success factor (CSFs) according to (Bing the project. XX Financial security;
et al., 2005) in UK can be grouped into Construction phase mostly open XX Dispute resolution;
five principal factors and be interpreted many different risks from those during XX Partnership management;
as follows: the preparation and operational phase. XX Compliance with all laws;
a. effective procurement; The most important risks in that part of XX Personal and conditions precedent.
b. project implementability; the project are insufficient results from What are the main risks of civil engi-
c. government guarantee; geotechnical surveys, bad contractors, neering and infrastructure projects? At
d. favorable economic conditions; claims, increased budget, bad quality least nine risks face any infrastructure
e. available financial market. of works etc. project (Chapman CB & Ward SC., 1997)
It is very interesting that these crit- From the viewpoint of public pro- XX Technical risk, due to engineering
ical success factors could be imple- curer, the main goal is to ensure that and design failures;
mented for projects in Serbia also. the money has been spent economi- XX Construction risk, because of
In Serbia during the previous period cally, efficiently and effectively, and to faulty construction techniques
many land disputes have arises due to find optimal solution to deliver project and cost escalation and delays in
unfinished process of restitution. Polit- on time. Government seeks to optimize construction;
ical agitation and disruptions create private sector financing in the provision XX Operating risks, due to higher oper-
unfavorable climate for the private of public sector infrastructure and ser- ating costs and maintenance costs;
sector to commit significant resources vice and to achieve value for money. For XX Revenue risk; e.g. due to traf-
in order to participate with government the public funds it is very important to fic shortfall or failure to extract
in respect of long-term projects. comprehend value for money concept, resources, the volatility of prices and
The other risks are the complexity of and the most important is to transfer demand for products and services
the arrangements itself in terms of doc- risks to the private partners who have sold (e.g. minerals, office space etc.)
umentation, financing, taxation, tech- responsibility for the design, construc- leading to revenue deficiency;
nical details, subcontracting, project tion and operational phases. In some XX Financial risks arising from inade-
delivery, etc. Infrastructure projects cases, the emphasis on risk transfer quacy hedging of revenue streams
are long term projects, and the nature can be misleading as value-for-money and financing costs;
of the risks alters over the duration of requires equitable allocation of risk XX Force majeure risk, involving warned
the projects. between the public and private sector other calamities and act of God;
PPP tenders might fail due to inexpe- partners, and they may be an inher- XX Regulatory/Political risks, due to
rience and lack of technical knowledge ent conflict between the public sec- legal changes and unsupportive
on the part of the bureaucrats to design tor’s need to demonstrate the value- government policies;
an appropriate PPP process, political for-money versus the private sector’s XX Environmental risks, because of
interference, a poor design tender need for robust revenue streams to adverse environmental impacts and
documentation and tender evaluation support the financing arrangements hazards;
methodology or failure to negotiate a (Grimsey D, Graham R, 1997). XX Project default, due to failure of the
commercial rigorous contracting struc- The contractual provisions in PPP project from a combination of any
ture. Serbian government have opened contracts are complex, and should of the above.
many agencies which have not enough include among other requirements From the experience of the authors
qualified and experienced specialists (technical, financial, etc.) following: top five risks facing the PPP projects
to proceed PPP procedures. The bal- Requirements for performance in Serbia are:
ance between the commercial realities bonds; XX Government bureaucrats and com-
and the bureaucrats’ desire to impose XX Insurance requirements; plex procedures, due to high finan-
regulatory and institutional framework XX Delay provisions; cial expectation of public sector;
that might otherwise destroy an deal. XX Force majeure; XX Many problems and disputes from
Also civil protest could be risky for that XX Government action; the ownership, especially of land,

698 o rga n i za t i o n , te ch n ol o g y a n d ma na ge m e n t i n co nst r u c t i o n · an international journal · 5(1)2013


due to bad privatization process and Risk Management
unfinished restitution;
XX Often changes in local authorities as
well as government; Management Actions Management Actions Action
Date By
XX Financial problem in construction Taken Planned Owner
sector, and unpredictable perfor-
mance of construction companies;
Figure 2 Risk Management Procedure
XX Operational and maintenance
risk, due to unpredictable reve-
nue as different social programs of tional costs in a project). Transferring actions planned in advance). At this
government. risks means to shift risks from some stage risks and action holders should
participants in the project to other be designated (this is why it is impor-
Proposed method for risk participants, assuming that they will tant to predict delegating in the proj-
management on ppp projects manage that risk easier, and that the ect), as well as the time determination
General idea of risk management pro- risk level will be lower in this case. for the conducted action.
cess frame is to identify all main risks Avoidance of risks means the imple- After the implemented managerial
and to calculate time and cost contin- mentation of managerial action which action the risk is not usually eliminated,
gency of the project, based in these does not bring the project into the zone but it remains to exist in the project with
risks. This data will help the decision of a specific risk. altered probability and cost and time
makers to define strategy of the proj- Risk management involves eliminat- effects. After evaluating these param-
ect in the planning phase. In figure 1 it ing or reducing the risk level imple- eters, as shown in Figure 3, the level
is presented first part of the risk reg- menting managerial actions. Planned (ROAG) is obtained, i.e. the level of risk
ister table. managerial actions in the preparatory at a time. General idea of that methodol-
ogy is to have both cost and time risks,
and to make decisions during project
Risk identification realization on that two parameters.
This risk level should be less than
the initial risk level, which is presented
Risk Risk at the beginning of this table. More-
Title Effect Category Status
Number Description
over, it is important to enter the time
elapsed from the last change, i.e.
Figure 1 Methods of responses to an appropriate risk observation. In addition, there should
be a strategy of reserves in this plan
along with the anticipated actions to be
Monitoring the risk level of certain stage of project completion may not be implemented if a risk occurs.
project activities by evaluating the the final solution, because during the The aim further analysis is to eval-
probability and risk categories is nec- project changes occur very often, so uate their cost and time effects and
essary in order to create the strategy that planned actions are not an appro- probability that they will occur based
of responses to risks. Generally, there priate response to the risk. Therefore, on identified risks, which tells us how
are four types of responses to risks: managerial actions should be imple- large the factored cost and timing risk
XX acceptance and control; mented in response to a specific risk is, i.e. the potential reserve with which
XX reduction; at a time (which may be the same as to start the project.
XX transferring; and
XX avoidance.
Acceptance and control are usually Contingency
Residual Risk Assesment
carried out if the risk is within toler- Strategy
able limits, because it does not require
additional resources. This category of Proximity
Action
Rating Months
responses to risk should also be con- Probability Cost Time undertaken if
(ROAG) (From Last
sidered as the main action of risk man- risk occurs
Update)
agement. Risk reduction often requires
engagement of resources (and addi- Figure 3 Procedure of remaining risks assessment and strategy of reserves

s. suđić · g. ćirović · s. mitrović · risk analysis and management on public private partnership projects (ppp) in . . .· pp 696-701 699
Risk Analysis and exposure

Client:
Project:
Construction / Project Manager:
Package / Stage / Phase

Risk
Risk Title Description of Risk Management Action
Ref

A new water supply contract is now underway


and is scheduled for completion at the end of
The water supply is currently inadequate for
5.1 Water Supply 2010, this is likely to effect the occupany of the
whole coastal area of Montenegro
phase one buildings. Interim solutions to be
considerer ( Herceg Novi)

There is no guarantee that the local / regional


Down-turn in local AM to monitor market indicators and make
6.4 economy will continue, which may effect later
/regional economy allowance for any down-turn in the economy
phases of the develoment

Figure 4 An example of risk analysis on a large construction project (project realized by paper authors)

success factors, risk analysis and man-


Probability Risk Rating Factored Risk Factored Risk agement should be the main activity
Probability
Rating Number Cost Duration
for managing these projects. Serbia is
country with not many high standard
0-5 infrastructure services it is very impor-
tant to analyze all possible risks and
2 40 % 8 800.000.20 9.00 to propose to the management good
data for the decision making and to
3 60 % 3 30.000.00 2.10 speed up implementation of these type
of project. Bearing in mind that provid-
Figure 6 An example of risk analysis in a large construction project ing of stable financing is critical issue,
especially for the big size infrastructure
projects, proper risk analysis would be
Only two risks have been processed lation of cost and time risk is based on of great help in initiation phase, but
in the table, and the descriptions of the average values. also in further phases of project real-
given risk and managerial action that This calculation is based on the prob- ization. That paper is general overview
would eliminate or reduce risk are given ability of occurrence, i.e. the principle of possible approach on PPP project,
in the first part of the table along with of expected monetary value is repre- where risks are very specific due to dif-
the risk itself. Both risks are classified sented in this calculation. The risk level ferent goals of project stakeholders.
as working (WBS) categories to make is obtained by multiplying probability Main contribution would be in better
them clearer and easier to follow, and of occurrence and the highest level of understanding of importance of that
not to overlap risks. consequences, and the factored cost type of project financing.
The evaluation of cost and time con- and time risks are obtained by multiply-
sequences is graded from 1 to 5 where ing probability of occurrence and mean Acknowledgements
the gradation of monetary and time values ​​of cost and time risks. The work reported in this paper is a
values is defined in advance. It is impor- part of the investigation within the
tant to present the highest consequence CONCLUSION research project TR 36017 supported
level as the maximum value of cost and As the PPP projects are risky from the by the Ministry for Science and
time consequences, because this value different viewpoint of both public and Technology, Republic of Serbia. This
has a major impact on risk level. Calcu- private partner, due to different key support is gratefully acknowledged.

700 o rga n i za t i o n , te ch n ol o g y a n d ma na ge m e n t i n co nst r u c t i o n · an international journal · 5(1)2013


References
Bing L., Akintoye A., Edwards P.J., Hardcastle
C. (2005) Critical success factors for PPP/
PFI projects in the UK construction industry,
Construction Management and Economics
(June 2005) 23, pp. 459 - 471

Chapman CB, Ward SC., (1997) Project risk


management – processes, techniques and
insights, Chichester, John Waley and Sons

Fekete R., D’Ornano F., Zatezalo M. (2007) PPPs


Please, International Financial Law Review
Vol 26, Issue 8

Grimsey D, Graham R (1997) PFI in the NHS,


Engineering, Construction and Architectural
Management 1997;4(3): pp 215-231

Li J., Patrick X.W. Zou (2011) Fuzzy AHP-Based


Risk Assessment Methodology for PPP
Projects, Journal of Construction Engineering
and Management, December 2011;
pp 1205-1209

Patrick X.W. Zou, Shouqing W., Dongping


F. (2008) A life-cycle risk management
framework for PPP infrastructure projects,
Journal of Financial Management of
Property and Construction, Vol 13, No.2
2008, pp. 123-142

Peirson G., McBride P., (1996) Public/private


sector infrastructure arrangements, CPA
Communique 1996; Vol 73:pp 1-4

Rosario M. (2010) Future challenges for


transport infrastructure pricing in PPP
arrangements, Research in Transportation
Economics 30 (2010), pp. 145-154

Smith N., Merna T., Jobling P. (2006) Managing


Risk in Construction Projects , Blackwell
Publishing

Solomon O.B., Akintayo O., Olusegun E.A.


(2012) Critical success factors in public-
private partnership (PPP) on infrastructure
delivery in Nigeria, Journal of Facilities
Management Vol. 10, No. 3 (2012),
pp. 212-225

Thobami M. (1998) Private infrastructure and


public risk, Finance and development;
36 (1) : pp 50-53

Zitron, J. (2004) PFI and PPP: Client and


Practitioner Perspectives. Proceedings
of 21st Annual Conference of the Major
Projects Association, London: Major Project
Association

s. suđić · g. ćirović · s. mitrović · risk analysis and management on public private partnership projects (ppp) in . . .· pp 696-701 701

You might also like