Corven & Ashby, cost and risk advisory

An escalation allowance, and the risk it does not actually cover

Contingency and allowances

An escalation allowance is a line in the owner budget covering expected price movement between today and when the work is bought. It is a forecast. It is not a transfer of risk, and an owner who carries one frequently believes the exposure is dealt with when the contract says otherwise.

Two different instruments doing two different jobs

An escalation allowance answers a budgeting question: how much more will this cost if I build it in eighteen months rather than today.

An escalation clause in a contract answers a risk question: if prices move more than expected, who pays.

They are not substitutes. An owner can carry a generous escalation allowance and still be fully exposed under an uncapped contract qualification, because the allowance is in a spreadsheet and the qualification is in the agreement.

The reverse is also true. An owner with a capped, indexed, time limited escalation clause may need very little escalation allowance, because the exposure has been bounded.

Which means the two should be sized together and almost never are. The budget is built by one team and the contract is negotiated by another, and the escalation line in the first is set by a rule of thumb rather than by reading the second.

The contract side of this is covered in construction escalation clauses. This is the budget side.

How an escalation allowance is usually calculated, and why it misses

The standard method takes a published cost index, applies an annual rate to the period between the estimate date and the midpoint of construction, and carries the result.

Three assumptions inside that are worth questioning.

The index. A broad construction cost index blends labor, materials and market conditions across many building types. It does not describe what happens to the four or five commodities that actually move on your project, and it particularly does not describe imported content.

The midpoint. Escalation applies when material is bought, not when it is installed. On a project where the structure is bought in month two and the finishes in month sixteen, a single midpoint is the average of two very different exposures.

The rate. An annual percentage projected forward is a forecast dressed as arithmetic. It is the best available method and it should be labeled as what it is, which is a central estimate with a range around it.

A better version costs an extra hour. Split the contract value by buyout date, apply commodity specific movement to the volatile portion, and carry a range rather than a point. The reasoning behind ranges instead of single figures is in a cost range rather than a point estimate.

The interaction nobody checks

Here is the position an owner should establish before signature and rarely does.

Take the escalation allowance in the budget. Take the escalation qualification in the contract. Ask which of the two is going to pay for a given increase.

There are four possible answers and only one of them is comfortable.

The contractor absorbs it, because the qualification has a threshold and a cap that bite. The allowance is then genuine headroom.

The owner pays from the allowance, which is what the allowance is for, and the position is as planned.

The owner pays and the allowance is insufficient, because the allowance was sized on a general index and the exposure was concentrated in one commodity.

Both parties believe the other is carrying it, which produces a dispute in month twelve about what the qualification actually means.

The fourth is more common than it should be, and it is entirely a consequence of the budget and the contract having been prepared without reference to each other.

A worked example

Example only$1.4M

Illustrative figures. Not taken from any client project and not a quotation.

A 48 million dollar project with a 22 month construction period. The owner budget carries an escalation allowance of $1.9 million, four percent, calculated as three and a half percent annually applied to the midpoint.

The contract carries a qualification excluding increases in material costs beyond the contractor control, with no list, no threshold and no cap.

Over the job, escalation claims total $2.4 million. Of that, $1.7 million is concentrated in structural steel and electrical equipment, both bought later than planned because the design on those packages was slow to settle.

The allowance covers $1.9 million. The remaining $500,000 comes from the owner contingency.

But the more useful number is the other one. Roughly $1.4 million of the total would have fallen on the contractor under a clause with a ten percent threshold and a cap at one percent of contract value, terms that were available at signature and were never asked for.

The owner budgeted carefully for an exposure that a better contract would have substantially removed.

What to do with the allowance once the contract is signed

An escalation allowance is unusual among budget lines because its purpose expires progressively.

Every package bought at or below its carried value retires part of the exposure the allowance was held against. By the time a project is seventy percent bought, most of the escalation risk is historical.

Which means the allowance should be released in steps against buyout progress rather than held to completion and then absorbed. An owner who tracks it this way recovers real money at a point in the job where it can still be used.

The tracking is simple: allowance held, exposure retired by buyout, exposure remaining. Three numbers, monthly, from the buyout log that should already be produced.

Owners who do not track it tend to find at closeout that the escalation allowance was quietly consumed by other things, which is the same mechanism described in who keeps the buyout savings.

When to carry none at all

There are projects where the right escalation allowance is close to zero, and recognizing them saves real money in the development model.

A short construction period with early buyout on the volatile packages, under a contract with a capped and time limited escalation clause, has very little residual exposure. Carrying four percent against it is carrying dead capital.

The same is true where the contract genuinely transfers the risk and the contractor has priced that transfer. The premium is inside the contract value already, and an escalation allowance on top is paying twice.

The test is not the length of the job. It is how much value remains unbought, for how long, in what commodities, under what contract terms. That is four questions and the answer to them is a number rather than a percentage.

Owners who ask them frequently find they are carrying escalation allowance against packages that were bought in month three.

There is a cost to carrying too much as well as too little. Capital held against an exposure that has already passed is capital not deployed, and on a development model with a preferred return running against it, that has a price measured in the same units as the escalation it was guarding against.

Which is why the release schedule matters as much as the sizing. An allowance that is correctly sized and never released is only half a decision.

What we do

We size the escalation exposure against the buyout schedule and the commodity content rather than against a single index and a midpoint, and we read it together with the contract qualification so that the budget and the agreement are describing the same risk. Then we set out the release schedule against buyout. The work is part of the cost and change exposure assessment. When the signing date is already close, the Rapid GMP Review covers the largest of these exposures in five to ten working days.

Questions people ask

Is a single percentage ever adequate?

For an early feasibility number, yes, and for that purpose it is the right tool. For a decision about how much capital to hold at signature, no, because the exposure is concentrated in a handful of packages with specific buyout dates and a blended percentage cannot see any of that.

Who should own the escalation allowance?

The owner, held outside the contract, because once it sits inside the contract it becomes part of the value the contractor is managing and it will be spent. Holding it outside means a decision has to be taken to use it, which is the point of holding it at all.

Does a fixed price contract remove the need for one?

It reduces it substantially, which is part of what the fixed price premium is buying. What it does not remove is exposure through qualifications, unbought packages and owner supplied equipment. Read what remains open before assuming the transfer is complete, because it usually is not.

Posted in Contingency and allowances Contingency Escalation Budget Risk

This is general information about construction contracts and is not legal advice.