Managing Subcontractor Schedule Performance In An EPC Contract

The construction industry has been used as a gauge of economic health because of its strong linkage to cyclical fluctuation in the economy. The construction services sector is thus a relatively large employer. It draws on a large part of fixed capital formation in an economy, and it provides the essential support for economic development.

Over the last two decades, up to 70% of construction business opportunities in international markets as measured by the size of contracts were found in developing countries primarily in infrastructure projects. Some developing countries have been exporting construction services successfully and have attained a certain competitive advantage, although they have had extremely limited success in penetrating the markets of development countries.

With economic development, contracts in the construction industry have greatly increased in recent years. The experience of large companies has shown that technology co-operation agreements with developed country partners have helped to reduce organizational and transaction costs, facilitated international sourcing of technology and improved marketing and managerial practices. As a result, main contractor prefer to subcontract the services. Subcontracting has proved to be an entry point to the international market for small and medium-sized construction companies from developing countries and also transition economies. This appears to be because developing country companies seem to have inadequate capacities for executing overall management of large construction projects and are usually subcontracted for other specialized services. In most construction projects, especially building projects, it is common for 80 to 90% of the work to be performed by subcontractors (Hinze and Tracey, 1994).

The contractors that are selected to enter into general EPC contracts must fully satisfy the conditions on experience and capability. In the process of preparing, entering into and performing the contracts, the contractors are encouraged to put forward initiatives, measures or apply their experiences in order to fulfill the contractual jobs, meet the objectives and requirements of the projects or bidding packages and raise their efficiency (Circular 08/2003/QD-BXD - Ministry of Construction of Vietnam).

Most of the work should be done by subcontractors as the main contractors rely on a large number of subcontractors. As much as 90% of the construction work id carried out by the variety of subcontractors while the main contractors tend focus on the management and coordination. Therefore, main contractor need to develop subcontract management strategy that leading to control subcontractors’ performance effectively and efficiently.

Managing subcontractors does not simply involve asking them to allocate resources into the jobsite whenever an activity is scheduled and then push them to speed up the work without the consciousness of schedule and cost risks. A good general contractor or project manager must award to which subcontractors should be paid more attention than others in preventing delay when considering the problems on duration and additional costs.

Mr. Nguyen Tan Hoang made a study to (1) identify problems related with subcontractors’ performance in terms of project schedule and delivery; and (2) study the monitoring the performance of subcontractors in terms of project schedule and delivery.

He found out that relating to the concept of concurrent delay is one of the most troubled and complicated area. It is strongly contested topic in the building and construction industry. Both parties in the construction contract regularly use concurrent delay as an excuse to avoid responsibility for extension of time claims and the assessment of liquidated damages. It was also found out in this study that even contractor hired a third party for selecting subcontractors. The contractor also implemented the bidding that follows basic principles including consideration of the interaction of different factors such as:
Contractual provisions.
Legal principles.
Technical assessment of the construction program.
Definition of criticality.
Floating ownership and methods for proof of delay claims.

The delays absolutely happened 100% in public main subcontractors and only a small % delay of private subcontractors because of unforeseen conditions as very bad weather. Despite of these, contractor almost solved the subcontractors’ delays by using the contractual provisions of back-charge to hire another subcontractor to do the impacted areas. The overall time to be recovered and is similar to required schedule of project.

Conclusions for Subcontractor Control Strategy

It can be concluded based on this study that subcontractor control strategy has been well aligned and well organized in all aspects to international contractor. However, there are some major points that need to be improved in order to strengthen the management efficiency and it effectiveness. These are the following:

1. Consider to the size of scope of work for each package.

2. Consider to the public and private subcontractors in the subcontractor master list and the overall subcontract plan, also their current works at the same time of awarded project as well. They are the main causes of overloading.

3. Study site conditions more carefully in order to consider the proper price of each package that could be awarded to subcontractor.

4. Sharing with subcontractors in risks that could be happened by unforeseen conditions not only generally covered in contractual provisions.

5. Obligate subcontractors must use legal tools for tracking schedule and define delays.

Conclusion for subcontractor Performance Management

It can also be concluded that main contractor maintained a very systematically concise subcontract performance management. However, there are some major points that need to be improved in order to strengthen continually the performance efficiency and it effectiveness. These are the following:

1. Contractor must consider to the prepared schedule may include milestone and interim completion dates that satisfy contractor needs and they should be required in subcontract provisions clearly.

2. Contractor must consider to unforeseen conditions clearly as the bad weather and undiscovered soil conditions.

3. Contractor must consider the progress payments that to be used 100% by subcontractors for project.

4. Contractor must consider the facilities conditions for subcontractors in subcontract before implementing the work at site.

5. Contractor must consider incentive in line of subcontractors’ performances.

Mr. Nguyen Tan Hoang learned from this case study regarding on how the main contractor managed their subcontractors in line of subcontractor control strategy and how they managed the performance in terms of schedule delays together with its strength and weaknesses. In order to improve this, he made some recommendations as follows:

1) Whether the scheduling obligation is to be imposed on a subcontractor, main contractor, the scheduling specification should be as carefully considered and written as any other technical specification.

2) Setting up the rewards for subcontractor performance when achieving each milestone as required in the subcontract in order to increasing the productivity and endeavors from subcontractors.

3) Construct an unforeseen conditions control procedure for applying at site when the parties faced, especially for bad weather and soil conditions not only locked by subcontract provisions.

4) Parties must get resources evaluation for project before implementing the work in the cases of far site location with economic - social centers. They must be considered in the contract negotiation meetings.

5) Maintain the other standby strong subcontractors/ suppliers for cases of back-charge decisions happened. These standby subcontractors could be some ones that are doing other packages of project in order to reuse available resources and facilities.

6) Maintain at least a lawyer for cases of contractual conflictions in a large project in order to solve local rules and regulations, especially when removing any subcontractor out of battery limits.

His thesis abstract is copied and posted.

ABSTRACT

The construction industry has greatly developed and increased in recent years. In most EPC projects, it is common for over 80% of the work to be performed by subcontractors. This has resulted in main contractors concentrating their efforts on managing subcontractor performance rather than employing direct labor to undertake construction work. Therefore, main contractor need to develop a strategy that allow him to control subcontractor effectively and efficiently in terms of schedule delay. In order to understand how the current strategies are being operated together with the strengths and the weaknesses of the strategy, an EPC international contractor who is doing a very large project in Vietnam was investigated through documentation, archival, and interview. Major improvements are needed for the subcontractor control strategy for local subcontractors in order to improve the subcontractor management performance. In contrast, subcontractor control strategy and relationship management from international contractor had been aligned and organized. However, there are some major points, which need to be improved in order to strengthen and continually improve the strategy performance.