Corven & Ashby, cost and risk advisory

Hotel brand standard change construction meets halfway through a job

Change orders and pricing

A hotel brand standard change construction has to absorb arrives from outside the construction contract entirely. The operator updates a standard, the management agreement requires compliance, and the building is halfway built.

Where the obligation comes from

The construction contract is between the owner and the contractor. The management agreement is between the owner and the operator. They are separate documents and they rarely reference each other.

The management agreement usually requires the hotel to comply with brand standards as they exist at opening, not as they existed when the deal was signed.

That is a reasonable position for an operator, whose brand depends on consistency across a portfolio, and it is also an open ended obligation running against a fixed construction price.

Standards do change. Guest room technology, accessibility provisions, life safety, back of house layouts and increasingly sustainability requirements are all revised on operator timetables that have nothing to do with your project.

So an owner can hold a firm construction price and an open commitment to comply with a document the other party controls and can revise.

That structural gap is the subject here, and it is visible in both documents on the day they are signed.

What a hotel brand standard change construction typically involves

Guest room technology. The most frequently revised category. Television size and mounting, connectivity, in room controls, charging provision and locks. Each is small per room and substantial across three hundred keys.

Bathroom configuration. Fixture specification, shower versus tub ratios, accessible room counts and layouts. Changes here are plumbing changes, which means walls.

Life safety and accessibility. Sometimes driven by the brand and sometimes by code moving underneath it. Either way the requirement lands on the same building.

Back of house. Kitchen layouts, laundry provision and staff facilities, which are usually the least developed part of the design and the most sensitive to an operator standard.

Public area programming. Whether the brand now requires a market, a co working area or a different food and beverage configuration than the one designed.

The first item is the one that recurs. It is per key, it multiplies, and it is the category where technology moves fastest relative to a construction program.

Why it prices badly

Three reasons, and they are the same three that make any late change expensive, with one addition specific to hotels.

It is an owner directed change, so it is unambiguously owner cost drawn from owner contingency with full markup and no argument available about the cause.

It is late, so the relevant trades are awarded and there is one price.

It multiplies, because a guest room is built three hundred times and a change to it is a change three hundred times.

The addition specific to hotels is that refusal is expensive too. Non compliance with a brand standard is a management agreement problem, and the remedies there can be more serious than the construction cost. So the usual answer to a late change, which is to decline it, is weaker here than it is anywhere else on the job.

The negotiation therefore happens with the operator rather than with the contractor, and it happens best before the management agreement is signed rather than in month fourteen.

How that cost is priced once it becomes a change order is set out in the cause written on a change order.

A worked example

Example only$960K

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

A 285 key hotel. In month thirteen the operator issues a revised guest room technology standard: larger televisions with a different mounting detail, additional charging positions at the desk and bedside, and a revised in room control system.

Per room: mounting blocking and wall reinforcement $340, additional electrical rough in and devices $610, control system and low voltage $1,120, patching and finishes $290. Direct cost per key $2,360.

Across 285 keys, $673,000 direct. Markup at the contract stack of fourteen percent brings it to $767,000.

Eighty rooms are already roughed in and drywalled, so those carry demolition and rework at an additional $1,900 per room, $152,000.

Schedule effect on the room cycle, valued in extended general conditions, roughly $41,000.

Total $960,000. Had the standard been checked against the design at signature, the blocking and the additional rough in would have been in the base scope at bid pricing, and roughly two thirds of this would not exist.

What can be negotiated, and when

The management agreement is the place, and the negotiation is about three things.

A standards freeze date. Compliance with standards as they exist at a stated date rather than at opening. Operators resist this and frequently concede a partial version, such as a freeze on physical standards with continued compliance on operational ones.

Who funds a late change. Some agreements provide for the operator to fund or share the cost of a standard revised after a defined milestone. It is worth asking for even where it is not offered.

A technical services review with teeth. Operators review the design as it develops. That review is the moment to establish compliance in writing, so a later revision is a change against an approved position rather than a correction of a deficiency.

The third is the one available on every deal and the one most often wasted. A technical services approval that says the design complies is a document worth having in month fourteen.

Where none of the three is achievable, the honest response is to carry a figure for one standards change in owner contingency, because on a project of any length there usually is one.

Sizing that figure is not guesswork either. Take the per key categories, guest room technology, bathroom fixtures and locks, and price a plausible revision of each against the current design. The total of those three is a reasonable provision, and it is an hour of work with a standards document and a room plan.

The same exercise has a second use. It tells you which parts of the guest room to over provide for while the walls are open, which is the cheapest protection available on this building type and costs very little per key.

What to do before you sign

  1. Read the management agreement compliance clause against the construction contract, not separately.
  2. Establish whether standards are frozen at any date, and negotiate one if they are not.
  3. Obtain the current standards document and check the design against it before the price is fixed.
  4. Get the technical services review recorded as a written approval, not as a meeting.
  5. Identify the per key categories, because those are the ones that multiply.
  6. Add blocking, rough in and capacity for foreseeable technology changes while walls are open.
  7. Carry a figure in owner contingency for one standards change.

Item six is the cheapest insurance on this list. Extra blocking and spare conduit in a guest room wall costs very little while the wall is open and is the difference between a two thousand dollar change per key and a four hundred dollar one.

Item three catches the largest single category before it becomes a change. Comparing a published standards document against a design is a reading exercise, and the standard is not confidential.

How this reading is scoped sits in the review packages.

What we do

We read the current brand standard against the design and the construction scope, and list where they differ with a per key and a total figure against each. We also read the compliance clause in the management agreement to establish what the obligation actually is, describing what it requires rather than advising on it, which stays with your counsel. The work sits in the cost and change exposure assessment.

Questions people ask

Can an owner refuse a brand standard change?

Rarely without consequence. Compliance is usually a management agreement obligation, and the remedies there can be more serious than the construction cost. That is why the negotiation belongs in the management agreement before it is signed rather than with the contractor in month fourteen.

Do operators ever fund a late standards change?

Some agreements provide for it, usually where the revision lands after a defined design milestone. It is not offered by default and it is worth asking for. Even a partial sharing arrangement changes the incentive on both sides about when revisions are issued.

What is the cheapest protection against this?

Blocking and spare capacity in guest room walls while they are open. A technology standard that changes is mostly a mounting, power and low voltage problem, and providing for it in advance costs very little per key against a change that costs several times more.

Posted in Change orders and pricing Hospitality Brand standards Change orders Operators

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