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Equitable Risk Allocation

Event Date

Apr 01, 2008

Type

Workshop Presentation

Research Team

RT-210

Slides

Topic

Contracting to Appropriately Allocate Risk

DOCUMENT DETAILS

Abstract

Filters & Tags

Abstract

Many industry participants allocate construction risks by the process of aversion. Owners have a tendency to shift risk to the primary contractor, who in turn pushes risk to the lower-tier parties in the contracting arrangement. As a consequence, parties with the least amount of control and influence over many of the risk-producing factors and decisions often carry the majority of the construction risk burden. Adding to the problem, the construction industry has yet to accept a conclusive and widely accepted practice. Many feel that prevailing risk allocation strategies are ineffective and detrimental to overall project success. New research by the Construction Industry Institute (CII), however, encourages risk allocation in a compromising and educated manner, recognizing the unique circumstances of each specific project. In 2004, CII formed the Contracting to Appropriately Allocate Risk Research Team. Composed of a wide representation of industry players, the research team reached several conclusions during its investigation. First, the industry has much to learn concerning appropriate risk allocation. Secondly, it is not appropriate or logical to specify that a particular risk should be allocated a certain way for any and every project. Lastly, inappropriate risk allocation may lead to increased costs for both owners and contractors. The research team developed the “Two-Party Risk Assessment and Allocation Model” that encourages contracting parties to compromise during the risk allocation process. It is designed to assess and allocate risk before project execution so that risk management efforts are minimized. The research and the model are described in the following pages. The model is important because it facilitates involvement from any two contracting parties early in a project and helps in appropriately allocating each particular risk to the party that is best equipped to handle it.

Filters & Tags

Knowledge Area

Procurement & Contracts, Risk Management

Project Phase

Detailed Design (Engineering), Procurement, Construction

Project Function

Project Business Sponsor, Project Management, Architects & Engineering, Procurement & Contracts, Risk Management, Business Development & Proposals, SBU or Corporate Functions

Industry Group

Light Industrial, Heavy Industrial, Buildings, Infrastructure

Research Topic

Contracting to Appropriately Allocate Risk

Keywords

Risk Allocartion, Risk Assessment, Risk Analysis, Legal Principles, Hot Button Risks, Legal Perspectives, Two Party Risk Assessment, Indemnity, Insurance, Consequential Damages, No Damages for Delay, Contract Language, rt210