The information gathered in the literature review included the following:
A key differentiator in the procurement of CM/GC and PDB contracts is that the construction cost is not fixed when the contract is awarded as in traditional DBB and lump sum DB contracts (Loulakis 2013; Clark 2015). Once the design has advanced to a point at which costs can be estimated, the open-book process begins when the first OPCC is provided by the contractor, which is then compared with the project’s budget, resulting in a refinement of scope if necessary. As the detailed design is developed, several additional OPCCs are provided and negotiated until the final design is complete. The final contract amount is negotiated after the selection of the CM/GC contractor or progressive design-builder, which permits risk to be negotiated along with the cost and results in the joint setting of the project’s final risk profile (Alleman and Tran 2020). As a result, CM/GC and/or PDB project delivery is often utilized in complex projects in which it is difficult or impossible to quantify the risk until the design has advanced to a point at which design decisions can be informed by site investigation results, environmental constraints, availability of right of way (ROW), and utility identification, and agreements. In addition, CM/GC and/or PDB project delivery is often utilized in complex projects in which it is difficult or impossible to quantify the risk until other third-party impacts to the final project’s configuration are known [Loulakis 2013; Design-Build Institute of America (DBIA) 2017].
To put it differently, a collaborative approach to planning, design, and construction is required to achieve key project success factors. Barutha et al. (2021) found that creating an environment of trust and transparency was essential to enabling the collaborative delivery of a complex project. Open-book estimating and negotiations are the essence of transparency. When done well, the change from closed-book pricing to open-book pricing indeed turns “contractors into advocates for project success” (Bagwell and Henley 2020).
Thus, this synthesis focuses on the mechanics of open-book estimating practices currently used by state DOTs. The study will not attempt to delve into the other practices found in CM/GC
and PDB but rather collect, categorize, and synthesize the elements of the process for assembling a final negotiated construction cost in a manner that permits determining different DOT approaches and captures any observed experience gained. The synthesis comprises a comprehensive state of the practice on open-book estimating and negotiations within state DOTs. Before the mechanics of open-book pricing can be explored, a brief description of the CM/GC and PDB project delivery methods is needed.
According to West et al. (2012), “CMGC has been widely used in the private sector since the early 1980s and, more recently, in the public sector.” CM/GC’s core delivery structure is based on early contractor involvement to provide construction advisory service. The initial phase is termed the preconstruction phase and involves assisting the DOT and designer by providing cost estimating, scheduling, value engineering, constructability reviews, subcontractor bid packages, and other services (Park 2011). As the design advances, the CM/GC will offer the owner a proposal to perform the actual construction. Upon mutual agreement on the price, terms, and conditions for the construction, the CM/GC contractor will transition to the role of a general contractor and build the project in accordance with the construction documents developed by the designer (Clark 2015). This structure is shown in Figure 1.
CM/GC is distinguished by the negotiated pricing used to set the construction contract amount during the preconstruction phase. Thus, the owner can award a CM/GC contract “without the need to produce a biddable set of construction documents as in DBB or a biddable scope of work as in lump sum DB” (West et al. 2012). CM/GC enjoys a level of scope flexibility not found in DBB and lump sum DB (Dongo 2020). The owner can have the CM/GC develop priced alternatives as a way to inform major design decisions. The use of open-book estimating for construction costs during negotiations makes it possible to mitigate and manage risks so that they are included in the final price (Shrestha et al. 2022).
According to the DBIA (2023), PDB is not a separate delivery method, but rather merely an option for delivering DB projects, as are lump sum DBs and bridging DBs. Lump sum DB requires a biddable scope of work (approximately 15–30%) used by competing design-builders to
bid a lump sum price for completing the design and project (DBIA 2023). Bridging DB involves a prescriptive design (roughly 60–90%) completed by a preliminary design consultant for which most of the major design decisions have been made and are not expected to change (DBIA 2023). The design-builder’s designer merely advances the bridging design to completion.
All DB delivery systems share one thing in common: a single point of responsibility for both design and construction (Friedlander 2003). The owner awards the project to a single entity for the design and construction tasks. In PDB, the owner can negotiate risk, if it chooses, and jointly allocate responsibilities with the design-builder. Figure 2 is the DB delivery model’s contract structure.
PDB provides a response to estimating a reasonable and realistic price for work that will be detailed after the contract is awarded. In PDB, the design-builder is selected either on qualifications alone or on a best-value basis with limited pricing (Loulakis 2013). The PDB team interacts with the owner during the design process, with the value of each design package being negotiated when all fundamental design decisions have been made and the risk of scope changes has passed. Hence, the contingencies are generally limited to those typically found in a DBB bid price to account for material escalation, inclement weather, and so forth.
The question of whether specific enabling legislation is required to authorize a delivery method for which the construction cost is negotiated after the contract is awarded rather than fixed before the contract is awarded is important to this discussion. Often, the answer is found in the specifics of the language contained in the existing enabling legislation, which establishes alternative project delivery authority. In some states, the DOT can take advantage of language granting broad authorization for state and municipal agencies. Using language that provides authorization by statute, such as a development agreement whose authorization is already provided in statutes, may allow for the implementation of CM/GC or PDB without the need to seek explicit authorization (Gransberg 2023). The requirements for CM/GC- and/or PDB-enabling legislation occupy a spectrum, running from explicit authorization to negotiated pricing not explicitly forbidden. Thus, no single answer to the requirement for enabling legislation exists, and the synthesis found that a number of DOTs have implemented CM/GC and/or PDB without seeking explicit authority. Utah DOT (UDOT) is perhaps the clearest example. When
it wanted to implement DB for the infrastructure upgrades required to support the 2002 Winter Olympics, it sought authority to utilize best-value contracting rather than DB (Loulakis et al. 2015). As a result, UDOT has used that same authority to implement CM/GC and PDB without the need to return to the legislative process. Ohio DOT (ODOT) is a recent example: Its current DB authorization was interpreted to include PDB (ODOT 2023). Virginia DOT (VDOT) merely added GMP as an authorized payment method to its administrative rules and implemented PDB (Gransberg 2023).
A review and content analysis of relevant state statutes was conducted by the authors in a recent study for GDOT (GDOT 2023). To definitively interpret state statutes requires a professional attorney from the state in question. However, the GDOT study addressed this issue by validating the review of CM/GC and PDB statutes with the DBIA State Statute Report (DBIA 2021) and the Associated General Contractors of America/American Bar Association (AGC/ABA) Construction State Law Matrix (2022).
Next, the context of each statute was categorized as shown in Table 1 as follows:
Table 1. Categorization of enabling legislative restrictions as of August 2024.
| State | PDB | CM/GC | State | PDB | CM/GC | State | PDB | CM/GC |
|---|---|---|---|---|---|---|---|---|
| AK | SA | SA | KY | MAI | SA | NY | NA | NA |
| AL | NSAU | NA | LA | NA | SA | OH | NSAU | NA |
| AR | SA | SA | MA | MAI | MAI | OK | MAI | MAI |
| AZ | SA | SA | MD | SA | SA | OR | SA | SA |
| CA | SA | SA | ME | MAI | SA | PA | NA | NA |
| CO | SA | SA | MI | NA | SA | PR | SA | SA |
| CT | MAI | SA | MN | NA | SA | RI | MAI | SA |
| DC | MAI | SA | MO | NA | NA | SC | UD | NA |
| DE | NA | SA | MS | SA | NA | SD | MAI | NA |
| FL | SA | SA | MT | NSAU | SA | TN | NA | SA |
| GA | MAI | SA | NC | NSAU | NA | TX | NA | NA |
| HI | MAI | MAI | ND | NA | NA | UT | NSAU | NSAU |
| IA | NA | NA | NE | SA | SA | VA | SA | NA |
| ID | NA | SA | NH | SA | MAI | VT | SA | SA |
| IL | SA | SA | NJ | NA | NA | WA | SA | SA |
| IN | MAI | SA | NM | NA | SA | WI | MAI | NA |
| KS | NSAU | NA | NV | UD | SA | WY | UD | UD |
| SA: Specifically Authorized; NSAU: Not Specifically Authorized but in Use; MAI: Maybe Authorized Depending on Interpretation; NA: Not Authorized; UD: Unable to Determine | ||||||||
It must also be noted that the results shown in Table 1 can and will change. A recently published paper by Gransberg (2023) on PDB-enabling legislation found that the implementation of PDB without specific authorization comprised a lot more flexibility. The bottom line is the risk tolerance of a given DOT’s upper management of potential scrutiny for implementing negotiated open-book pricing of construction contracts without explicit legislative authority. Further analysis of the results shown in Table 1 is beyond the scope of this synthesis. Nevertheless, it is included to provide a baseline for understanding the differences between states regarding the open-book negotiating of CM/GC and PDB projects.
Table 2 summarizes the results of the literature content analysis regarding the benefits, opportunities, and challenges related to CM/GC and PDB. Its intent is to provide the background of the findings presented in Chapter 5. The sample was restricted to peer-reviewed research and professional papers from 2007 to 2024 found on the Transport Research International Documentation and Google Scholar search engines. The CM/GC and PDB populations included 32 and 14 papers, respectively. A quotation for each factor is provided to furnish a typical explanation.
Given the variation found across the United States, attempting to objectively categorize DOT open-book negotiating methods is difficult. However, sharing the contractor’s, the engineer’s, and, if appropriate, the ICE’s estimates at each pricing milestone was a way to further differentiate between different DOT approaches. Each has its own rules for which members of the project team will be allowed to see the estimates prepared by other entities:
Table 2. CM/GC and PDB benefits, opportunities, and challenges content analysis.
| Factor | CM/GC Example Explanatory Quote | PDB Example Explanatory Quote |
|---|---|---|
| Benefits | ||
| Reduced time and cost to prepare the solicitation | “The CMGC method also enables brevity as it does not require a complete design before a contractor is hired, as with the traditional DBB process. Furthermore, the Request for Proposal (RFP) documents required for CM/GC are much smaller than those required for DB.” (Alder 2011) | “PDB reduces the complexity and cost of the procurement process by substantially reducing the owner’s staff time and additional technical support for procurement. [Letting it to] invest in projects, not procurements.” (Alpert 2007) |
| Reduced cost to the industry to develop the proposal | Not cited. | “PDB streamlines and simplifies the procurement process, which encourages competition and has a schedule benefit to the project. It also reduces the cost of competition for proposers, particularly designers.” (Gransberg and Molenaar 2019) |
| Enhanced collaboration | “Owner and contractor did not have to ‘take a position’ or be adversarial, so they could resolve issues in the best interest of the project, which meant better objectivity and team alignment.” (Reilly 2010) | “The Design-Builder first collaborates with the agency and its consultants to create or confirm the project’s basis of design, programming requirements and then advances that design. Design and other project decisions are based on cost, schedule, quality, operability, life cycle and other considerations, with the Design-Builder providing ongoing, transparent and open-book cost estimates to ensure that the owner’s budgetary requirements are being achieved.” (Dongo 2020) |
| Enhanced cost and schedule certainty | “The estimated cost for the work is developed by the contractor and options to reduce cost, increase value or shorten schedule are evaluated with the Owner, after which the contractor submits a Guaranteed Maximum Allowable Construction Cost (GMACC), which the Owner can accept or reject, minus any scope changes made by the owner.” (Reilly 2010) | “The open books nature of the pricing process keeps the contingencies visible throughout the process, providing an opportunity for retiring unrealized specific risk-related contingencies as the work progresses beyond a point where the project is no longer exposed to that risk.” (Gransberg and Molenaar 2019) |
| Greater agency control of scope | “CMGC enhances the ownership of design as the owner remains in control of the design throughout the entire process and, since the owner is so involved, experience gained, innovations, etc. can be used on the owner’s future projects.” (Alder 2012). | “PDB maximizes owner flexibility, involvement and control of the project” (Johnson and Zeltner 2012). |
| Flexibility of scope | “Since a CMGC may be involved throughout the design process, procedures should be in place at each design milestone to further converge the scope of work that is being estimated.” (Pelletier et al. 2019) | “PDB is flexible enough to allow an owner to get the DB team on board before the basis of design has been substantially developed, having a meaningful predesign and using it as a benchmark to establish reliable scope and budget alignment … to prevent confusion and promote efficiency in the collaborative design phase.” (Shang and Migliaccio 2020) |
| Factor | CM/GC Example Explanatory Quote | PDB Example Explanatory Quote |
|---|---|---|
| Innovative project-specific solutions | “There was also an efficient use of money, noted by the fact that the contractor was able to deliver a larger scope than the team had expected, under the same budget.” (WCEC Engineers, Inc. 2011) | “This concept allows the contractor and owner maximum flexibility for innovation in the selection of design, materials, and construction methods.” (NTTA 2009) |
| Ability to include contractor/design-builder in preliminary engineering and environmental permitting process | “The project designer works alongside the CMAR Contractor. The project designer must be familiar with the CMAR Contractor’s Preconstruction Services contract in order to optimize the collective effort. When the Department accepts the GMP and a Notice of Award is issued for the construction phase, there is no change to the Design Consultant’s contract. The Designer must complete and submit all deliverables in their CMAR Preconstruction Services contract.” (Arizona DOT 2010) | “PDB is more appropriate than traditional Design-Build (DB) for projects where the agency needs to engage the Design-Builder in the preliminary engineering and environmental permitting processes and where third-party approvals are needed based on the design.” (NTTA 2009) |
| Opportunities | ||
| Assign utility coordination to contractor/design-builder | “Many states require that the CMGC coordinates with third-party stakeholders which can include anything from coordinating with various utilities to setting up informational meetings for the public to attend.” (FHWA 2016) | “This ACM [PDM] permits the agency to assign utility coordination responsibilities to the construction contractor and have it complete the required locating, cataloging, and coordinating utilities as part of its preconstruction services contract during the design phase.” (Gransberg et al. 2017) |
| Assign contractor/design-builder tasks to facilitate ROW acquisition | “The [CMGC] contractor also aided in obtaining new environmental agreements so that the adjacent land could be used for the project. Since they were able to use the materials adjacent to the job site, this eliminated the need for the contractor to use local roads to transport material from the original material location.” (WCEC Engineers, Inc. 2011) | “By selecting the Design-Builder on a basis of qualifications and past performance, the Authority can engage its services at a very early point in the design process and the Design-Builder becomes a strategic partner in project definition. In fact, it is common to award the PDB contract before entering the environmental clearance and right-of-way acquisition processes, therefore assigning the Design-Builder the responsibility for clearing those hurdles.” (Dongo 2020) |
| Assign contractor/design-builder responsibility to develop alternatives for National Environmental Policy Act (NEPA) clearance | ||
| Challenges | ||
| Demonstrating value for money for negotiated pricing | “Unclear scope is the origin of most of the disputes in construction projects. Therefore, the cost of the CMGC delivery method with a GMP can be higher as most of the time the design is not complete.” (De Marco 2011) | “The primary challenge in using PDB … in the public sector is … the owner will be required to negotiate the overall contract price with the design-builder, as opposed to having one presented during a competitive traditional DB process… It also raises the argument that the owner is not obtaining a competitive price...” (Gransberg et al. 2022a) |
| Factor | CM/GC Example Explanatory Quote | PDB Example Explanatory Quote |
|---|---|---|
| Perceived reduction in competition | “The PECG [Professional Engineers in California Government union] believed that CM/GC contracting may result in situations where there is little cost competition because some contracting agencies may be subject to undue pressure to agree to proposed prices to avoid the risk of delaying important highway projects.” (FHWA 2016) | “Heavy reliance on the selected Design Build team’s experience and expertise [and] the need for [previous] Design Build qualifications may limit competition.” (Dongo 2020) |
| Industry resistance | “A lot of opposition comes from contractors who are concerned with getting a fair opportunity to work.” (West and Schierholz 2011) | “For the most part, the [PDB] documents achieve their purpose, although several of the provisions may be considered objectionable by some industry members.” (Friedlander 2003) |
| Statutory and regulatory uncertainty as to whether CM/GC and PDB can be used before NEPA | “Proceed with the award of a CM/GC contract providing for preconstruction services and an option to enter into a future contract for construction services once the NEPA review process is complete.” (FHWA 2016) | “By awarding the contract prior to the completion of NEPA process, the Authority assumes the risk of project delay and/or contract termination.” (Dongo 2020) |
| Lack of internal understanding | “Most of the risk associated with CMGC was our lack of experience with a process that was undefined and undocumented.” (Alder 2007) | “[The] Authority has no experience with this relatively new process, so a certain amount of education and ‘learning curve’ must occur on both sides.” (Dongo 2020) |
Figure 3 summarizes the approaches found in the content analysis. The trend is clear: A majority of agencies choose the more collaborative open approach and allow each entity to discuss the various aspects of each other’s output during price negotiations. Each agency has its own internal rules that control the level and depth of the discussions. This fact leads one to infer that the open side-by-side approach complements the open-book negotiations process by keeping all aspects of the cost negotiations completely transparent.
Whether an ICE should be required as a component of DOT open-book policy is a matter of the specific DOT’s perception of the value of the money received from the additional cost of the ICE’s fee. Schierholz and Gransberg (2013) found that ICE fees range from 0.15% to 2.5% of estimated construction based on the number of additional preconstruction services assigned to the ICE. Alleman et al. (2017) found an average ICE fee of 0.88%. A 2010 study found that five DOTs had used CM/GC (Alaska, Arizona, Florida, Oregon, and Utah) (Gransberg and Shane 2010). UDOT was the most experienced and the only DOT to include an ICE. In 2013, the number of DOTs with CM/GC experience had increased to 17 and 10 of them required an ICE (Gransberg and Shane 2013). A recent 2022 review (Gransberg 2023) found that 26 DOTs can use CM/GC, of which 19 engage an ICE. The percentage of agencies that implemented CM/GC with ICE has increased from 20% to 73% between 2010 and 2022. Therefore, the state DOTs evaluated found that value was added to the CM/GC project by investing in an ICE.
The final issue was the influence of ICE’s and engineer’s estimates on the decision to accept the contractor’s proposed GMP. Arkansas DOT (ARDOT), Connecticut DOT (CTDOT), MnDOT, Tennessee (TDOT), UDOT, and others will consider the contractor’s estimate as validated if it falls within 10% of the ICE’s and/or the engineer’s estimates, awarding the construction contract at the contractor’s bid price. Delaware DOT (DelDOT) uses 5% as its metric. If the cited metric
is not met, factors that may affect the price of the project are discussed, and an attempt to resolve the discrepancies is made (West et al. 2012).
Open-book negotiations in CM/GC and PDB contracts require a transparent and collaborative approach to scope quantification, cost estimation, and pricing (Alder 2007; DBIA 2017; Barutha et al. 2021; GDOT 2023). Much of the business and legal literature on open-book contracts discusses the use of time and materials (T&M) reimbursement (Pelletier et al. 2019; Berenguel-Felices et al. 2020). However, that is not the objective of the open-book pricing used for CM/GC and PDB projects. The alternative delivery literature summarizes the key aspects of open-book estimating as follows:
Transparency and collaboration are the key facets to the ultimate establishment of a price that the owner believes is fair and reasonable (Alpert 2007). The overarching principle of negotiations in the engineering and construction industry is the Good Faith and Fair Dealing Doctrine (Pinto-Nunez et al. 2019). “The duty of good faith and fair dealing is well established in most American jurisdictions” (MacMahon 2014). It is intended to protect a party assigned to a contract from being damaged by the actions of the other party in the contract that are either unfair or done in bad faith. In layman’s terms, the doctrine is “a general assumption of the law of contracts, that people will act in good faith and deal fairly without breaking their word, using shifty means to avoid obligations or denying what the other party obviously understood” (Hill and Hill 2007). In the context of open-book pricing, a well-defined procedure for how the final contract amount contained in the contract will be assembled creates the basis from which good faith can be measured. The development of a joint cost model to be used in negotiations greatly enhances the sense of fair dealing for both parties (West et al. 2012). The second tool to promote successful negotiation is agreement on how markups on costs will be computed. Often, these markups for overhead and profit are established in the CM/GC or PDB solicitation and are evaluated as part of the contract award procedure. If this is not the case, then good practice has found that these markups should be discussed and agreed upon at an early point in the negotiations to allow the focus of the remaining iterations to be on direct costs and quantities of work (Gransberg and Molenaar 2019).
A key difference between CM/GC and PDB from DBB and lump sum DB is the ability to jointly establish the project’s risk profile during both scope development and price negotiations. Public works contracts in the U.S. construction industry have been predicated on risk shedding regardless of the project delivery method (Lopez del Puerto et al. 2016). This predication is primarily due to the preference for fixed-price contract awards. As a result, contractors and design-builders must build contingencies into their bid prices to cover the risk transfer from the owner. The ultimate result is that if those risks are not realized (e.g., no weather delays or differing site conditions during construction), the owner must still pay for the unrealized risks since the contingencies are buried in the bid unit prices and lump sum contract amounts (Castro-Nova et al. 2017). In CM/GC and PDB, the final contract price is unknown when the contract is signed. An initial budget or target price is typically disclosed during procurement. As the scope of work becomes better defined, the value of the technical scope of work and the value of the risk can be mutually agreed upon. Risk sharing is usually less costly than risk shedding (Shrestha et al. 2022). Hence, CM/GC and PDB furnish a method for the owner and contractor to jointly agree on the final risk profile and provide the owner with the estimated costs for risk allocation and mitigation alternatives (Mesa et al. 2019).
Both CM/GC and PDB afford the owner an off-ramp to terminate the contract if a mutually agreed-upon price cannot be achieved. The off-ramp is more problematic in PDB than in CM/GC because the owner does not hold the design contract (Gransberg et al. 2006). The design has typically advanced to a fairly high degree of detail for which the owner has paid in progress payments. Thus, the owner wants to retain the benefit of the work to date, and terminating the entire DB team creates an issue of design liability for partial design products. VDOT uses two
off-ramps in its PDB process, the first of which relates to validating the project’s budget. If the first off-ramp is exercised, the contract permits VDOT to retain the designer of record to complete the design if desired (Roby 2019, VDOT 2022). Lastly, the ability to package the design and construction as well as negotiate progressive package prices and the timing of release for construction (RFC) of completed design packages is completely within the owner’s discretion in both delivery methods.
Figure 4 is a generic model of the various components of a typical GMP for a CM/GC contract. In PDB, the design-builder would also be compensated for the design fee. The owner’s contingency and the CM/GC’s risk are unique to each agency and should not be construed to be representative of all possible options. The components shown in the figure are defined as follows:
A major component of the GMP is the project’s direct costs, which have the least uncertainty. Direct costs depend on three factors: level of design development, amount of work outsourced, and allowable amount of self-performed work. According to Clark (2018), “All of these document-able expenditures are set forth without any add-ons—with all the assumptions underlying them clearly stated—to equal a project cost estimate.” A partial list of typical direct costs is as follows:
The markups on the direct cost are carried into the construction services fee. They generally include profit and indirect costs. Again, each agency has its own rules for what allowable costs are included in the home office overhead, general conditions, and other indirect costs. In addition, every DOT has its own structure for identifying reimbursable cost items in this category. Federal aid projects should follow the federal model as expressed in the AASHTO Guide for Consultant Contracting (2008), which provides definitions of three criteria for these items to be reimbursable. These criteria are as follows:
Regardless of local preferences and definitions, it is important to remember that non-direct costs are incurred by the contractor and must be compensated before the project becomes profitable. This fact leads one to infer that the earlier allowable indirect costs are quantified, the less controversy they will cause during open-book negotiations. The obvious solution is for the DOT to define exactly how and where each allowable indirect cost will be accounted. In many cases, it is expedient to classify certain costs as direct costs and exclude them from the negotiation of markups. In other cases, DOTs have mandated a specific amount or percentage of estimated construction costs in the CM/GC or PDB solicitation. Communicating the details of how these GMP elements will be accounted before a contract is awarded can lead to benefits. Pelletier et al. (2019) summarized the benefits of clearly defining the elements of the GMP:
[S]pending time to lock-in the variables can help to align estimator opinions on cost and ultimately control budget overruns. Many of these variables can be defined or agreed upon as part of the process when selecting a CM/GC – the owner should opt to define as many of these variables as practical prior to selecting a CM/GC in order to take advantage of market competition. For the variables that can only be established after selection of a CM/GC contractor, these should be negotiated during early days of the project to avoid disagreements later as the process is advanced. This greater level of definition provides benefit to both owner and contractor by reducing subjectivity in how the work should be priced and allowing the parties to concentrate energy on other important facets of the work.
The previous quote applies to PDB and CM/GC. TDOT follows the practice of specifically defining which costs can and cannot be included in the CM/GC construction services fee in its solicitations. Figure 5 is an extract from a TDOT CM/GC request for proposal (RFP) (TDOT 2016) and provides an example of the level of detail necessary to properly define what is contained in the construction services fee and what will be accounted for elsewhere.
The term contingency does not have a single definition across the United States (Le et al. 2023). NCHRP Research Report 1025: Contingency Factors to Account for Risk in Early Construction Cost Estimates for Transportation Infrastructure Projects (Jeong et al. 2022) determined that virtually every DOT had its own detailed definition. It must also be understood that in DBB and lump sum DB, the contractor’s contingencies are buried in the bid prices and are impossible to identify after the contract is awarded (Dongo 2020). This synthesis will not replicate the work published in NCHRP Research Report 1025. It will use the term contingency to denote the quantified value of the risk identified during negotiations. It is incumbent on the individual DOT to define how contingencies will be computed, allocated, and accessed when risks are realized during the design
Table 3. Contingency estimating methods used by DOTs (Jeong et al. 2022).
| No. | State | Fixed Percentage | Sliding Scale | Expected Value | Monte Carlo Simulation |
|---|---|---|---|---|---|
| 1 | Alaska | • | |||
| 2 | California | • | • | • | |
| 3 | Colorado | • | • | ||
| 4 | Connecticut | • | |||
| 5 | Florida | • | • | ||
| 6 | Georgia | • | |||
| 7 | Idaho | • | • | ||
| 8 | Illinois | • | |||
| 9 | Indiana | • | |||
| 10 | Iowa | • | |||
| 11 | Michigan | • | • | ||
| 12 | Minnesota | • | • | • | |
| 13 | Montana | • | |||
| 14 | Nevada | • | • | • | |
| 15 | New York | • | • | ||
| 16 | North Carolina | • | |||
| 17 | Ohio | • | |||
| 18 | Pennsylvania | • | |||
| 19 | Texas | • | • | • | |
| 20 | Utah | • | |||
| 21 | Washington | • | • | • | |
| Total | 5 | 16 | 10 | 5 | |
or construction phases. Table 3 is drawn from NCHRP Research Report 1025. It shows that state DOTs use four different methods, which are used at 21 state DOTs. It is important to note that some DOTs use more than one method depending on the scale and complexity of a given project. The expected value and Monte Carlo simulation methods provide values for line-item contingencies, whereas the fixed percentage and sliding scale methods are applied to the total estimated project cost. Line-item contingencies permit the agency to reallocate contingency funds as specific risks are retired, which is usually not the case in the percentage methods. Exactly how an agency will compute contingencies and allow access to those funds is an individual DOT business decision that must be described in the CM/GC or PDB project solicitation.
The following quotations can be described as a summary of the literature:
The literature sets the stage for the remaining analysis. An emphasis on collaboration seemed to be a theme across most of what the authors reviewed. Collaboration fosters an environment of trust, which in turn creates the ability to discuss difficult issues when the contractors’ numbers are out of line with the owner’s expectations. The open-book process is successful when the dialogue on risk, current market pricing, and schedule assumes a pragmatic slant in which the contractor is allowed to explain where it acquired its pricing and why it is truly reflective of the current construction market.