Corven & Ashby, cost and risk advisory

The independent GMP review an owners representative should ask for

GMP fundamentals

The independent GMP review an owners representative should ask for is not a second opinion on the estimate. It is a written register of what the price does not cover, ranked by value, with a page reference behind every line, addressed to the person who has to defend it.

The position you are actually in

You did not build the number up. Somebody else estimated it, somebody else qualified it, and you are the person who has to stand behind it in front of a client who is about to commit capital.

That is a structural problem, not a knowledge problem. Even a rep who has run forty projects is reading a document assembled by a party with a commercial interest in how it is assembled, on a timetable set by somebody else, alongside four other jobs.

The client is not asking whether the estimate is good. The client is asking whether you are comfortable, and your comfort is the deliverable. Comfort that rests on your own reading is comfort the client has to take on trust, and a client who has to take it on trust will ask you again in month nine when something moves.

An independent reading changes what you are offering. Instead of your judgment, you are offering a document. Documents survive personnel changes, board meetings and the passage of time. Judgment does not.

The useful question is not whether you could do the reading. It is whether the output of your doing it can be handed to somebody else without you in the room.

What the independent GMP review an owners representative needs should contain

Four things, and the fourth is the one most reviews skip.

A register, not a report. One line per finding. What it is, which document it came from, which page, what it is worth in dollars if it opens, and what to do about it before signature. A narrative report reads well once and is unusable in a negotiation.

A dollar figure on every line. An observation without a number cannot be ranked, and an unranked list of forty findings is worse than a ranked list of twelve, because nobody knows which three to fight for.

A page reference on every line. This is what makes the document survive being challenged. When the contractor says the point is covered, you turn to the page rather than to your memory of a meeting.

A position, not just a finding. Each line should say what you would ask for: a cap, a clarification, a document, a rate, a deletion. A finding tells you something is open. A position tells you what closing it looks like.

Anything that does not fit those four is commentary. Commentary is not useless, but it is not what you are buying, and it should not be what you pay for.

What it should not contain

Three things, and each of them damages the document rather than adding to it.

A re-estimate. Producing a second number invites an argument between two estimates, which is unwinnable and beside the point. The question is not whether the price is right. It is what the price covers and what it leaves open. A reviewer who arrives with a competing total has changed the subject.

A legal opinion. A reviewer can say what a clause does and what it appears to leave open. Whether you have a right under it is a question for counsel, and a review that blurs that line is a review your client cannot rely on and should not.

A design opinion. Reading the drawings against the scope descriptions is a commercial exercise. Saying the detail is wrong is an engineering one, and it belongs to the design team.

Each of those three is a way of being interesting rather than useful. The value of the document to you is that it stays inside its lane, because a document that stays inside its lane is one you can hand to a client without a covering explanation. That boundary is why we describe who we act for on the page about who we work for in the terms we do.

A worked example

Example only12 lines

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

A $38 million guaranteed maximum price on a senior living project. The rep has read the documents and has four concerns, none of them costed.

The independent reading produces a register of twelve lines with a combined open exposure of $3.1 million. Three lines account for $2.2 million of that: an unsuitable soils exclusion with no cap, a kitchen equipment allowance carried against an outdated specification, and a markup stack that applies a full fee to work performed by the general contractor own crews.

The rep takes three positions into the final meeting rather than fourteen. Two close. The third is accepted and written into the owner budget at $640,000, with the page reference attached.

Nine months later the soils condition appears. The cap holds and the change order is $210,000 instead of an open claim. Nobody remembers the meeting. The register is still in the project file and the line is still numbered.

When to commission it

There are three moments, and they buy different things.

Before the guaranteed maximum price is issued. The most useful and the least used. A reading of the preconstruction deliverables, the drawing set and the procurement plan tells you what the price is about to be built on, and gives you positions before the other side has committed to a number in writing.

Between issue and signature. The common case, and the one that moves the outcome most, because the contractor still wants the job and has not yet been paid anything under the amendment. Five to ten working days is usually available even inside a tight signing window.

After signature. Still worth doing, and worth doing honestly. What it produces is a budget and a management plan rather than a negotiating position. Every finding becomes a number to carry rather than a term to change, and the client should be told that before the work starts rather than in the covering note.

The one moment that produces nothing is the week after a dispute has started. By then the reading is evidence gathering, the parties have positions, and an independent register is read by everybody as an argument rather than as a record.

What to ask for when you commission one

  1. A register in a table, one line per finding, not a narrative document.
  2. A dollar figure against every line, with the basis stated, even where the basis is a range.
  3. A document and page reference against every line.
  4. A recommended position against every line, written as something you can ask for.
  5. The findings ranked by value, with the top three called out separately.
  6. A statement of what was not reviewed and why, so the boundary is explicit.
  7. A turnaround tied to your signing date rather than to the reviewer convenience.

Item six matters more than it looks. A review that claims to have covered everything has either taken six weeks or is overstating itself, and a client who discovers the second version later will discount the whole document. The scope options are set out in the review packages.

What we do

We write the register and you own it. Every line carries a dollar figure, a page reference and a recommended position, and the document is addressed to the owner rather than to us. We do not price work, we do not bid, and we never act for the contractor on a project we have reviewed. Where you want the schedule tested on the same documents, that sits in the schedule and procurement risk review.

Questions people ask

Does commissioning a review suggest I missed something?

It suggests the opposite to most clients and to every lender. A rep who brings an independent reading is demonstrating process rather than doubt. The reading also covers ground a rep running four jobs cannot cover in the time available, which is a resourcing fact rather than a competence one.

Who owns the review document?

The owner does, and it should be addressed to the owner rather than to the reviewer. That matters when the document is put in front of a board, a lender or a partner later, because a memo addressed to a consultant reads as internal and a register addressed to the owner reads as a project record.

How long should a review take?

Five to ten working days for a focused reading of the largest exposures, two to three weeks for a full one across price, schedule, scope and change terms. Both run in parallel with legal and lender work rather than after it, so the calendar cost is usually smaller than the elapsed time suggests.

Posted in GMP fundamentals Owner representative Review scope Register Governance

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