Insight

CHALLENGES IN THE CONSTRUCTION INDUSTRY

CHALLENGES IN THE CONSTRUCTION INDUSTRY

Gary R. Pannone

Gary R. Pannone

March 11, 2021 04:09 PM

The barriers to entry in the construction business are relatively low, which has created a crowded marketplace. The more competition that exists, the more difficult it becomes to sustain strong margins that can often result in less available resources to reinvest in new technology – a critical factor to long-term sustainability. Sustaining high productivity levels is challenging in all businesses; however, it appears even more difficult in the commercial construction business. Developing a comfortable backlog of new jobs is the lifeblood for construction companies. There are many other daily challenges that require attention in order to remain a viable enterprise long term. A strong economy often leads to a shortage of skilled laborers in each of the trades, which creates a strain that is not easily overcome in the construction business. Retaining competent managers to train the next generation of high performers is sometimes as challenging as finding new project work.

According to a Construction Owners Association of America study, 63 percent of direct labor time on large construction projects is spent either waiting for materials and equipment, traveling to the area, taking early breaks or planning how to do the work. This lack of productivity is reflected in the bottom line and negatively impacts the opportunity for reinvestment. The margins on large projects are typically lower, which makes the use of technology especially important in the attempt to maintain some level of profitability.

Design complexity is a growing challenge for the small to medium size construction company in that a higher level of efficiency is required to maintain the margin on a large project. According to a study by Accenture, only 15 percent of projects are completed on time and under budget. Underperforming projects, delays and lack of manpower make it more difficult to maintain margins that allow for reinvestment.

Another challenge is finding skilled laborers, supervisors, estimators and engineers, which sometimes outpaces the project opportunities. What was a two-generation workforce has now become a four-generation workforce consisting of traditionalists, baby boomers, generation X, and millennials. This presents a palpable difference in work ethic, attitude and behavior, which is challenging the ability of the traditionalists and baby boomers to sustain a highly productive company environment. The combination of increasing project complexity and decreasing experience is a risk multiplier, increasing the risk of deliverable delays, quality construction problems, and employee safety concerns.

Changing a strategy usually involves disruption. In the construction industry, the disruption relates to preparing for the digital future in order to remain sustainable. The industry will always be challenged with managing profitability, productivity, project performance and finding skilled labor, all of which are essential to remaining viable. The adoption of best practices is critical, and the effective use of technology is important to maintain high levels of productivity, eliminate waste, and mitigate the adverse impact of on-site surprises.

Establishing a competitive employee incentive plan is an important step to long-term viability in a competitive marketplace. Educating the employees on what is needed to sustain profitability creates an incentive for high performers to be engaged in the overall success of the company, as opposed to being singularly focused on pay increases.

Another challenge for the owner is making certain that a sound succession plan has been developed in order to avoid disruption to the management team when an event occurs. Creating, evaluating and reviewing the company’s succession plan should be an annual exercise so that key employees understand and appreciate its importance. If the owner(s) do not have a viable plan to address death, disability or withdrawal of a key person to the enterprise the damage could be irreparable. Anticipating key events should include: (i) generational transfer; (ii) key employee buyout; (iii) employee stock ownership plan, and (iv) external sale. All options should be discussed with financial and legal advisors in order to develop a workable strategy that is easily implemented in the event of an unanticipated life event.

In December 2017, the largest tax overhaul seen since the Reagan administration was passed. Owners should be consulting with their tax experts routinely in order to address potential increases in taxable income by maximizing deduction decisions on items such as entity structure, method of accounting for tax purposes, and owner payroll. Proper planning should be addressed each year.

Technology improvements have also increased security risks that could result in loss of business, confidential data, and can be time-consuming and costly. Investing in understanding the cyber risks to your company is imperative. Working with qualified IT consultants to develop and maintain cybersecurity will reduce the potential for loss.

Understanding and implementing best practices for the construction industry is not a luxury and must be taken seriously to preserve enterprise value. Trusting your advisors on these and other issues is a key component to any company’s success. Successful construction companies manage challenges rather than react to them. Ultimately, this approach delivers successful projects and increased profits. For more information about the construction industry and related business and legal issues, please contact PLDO Managing Principal Gary R. Pannone at 401-855-2601 or email gpannone@pldolaw.com.

Related Articles

Changing for the Better


by Justin Smulison

Joseph Brophy’s Austin-based boutique firm comprises some of the most talented and experienced civil litigators in Texas.

Betting on Finance, Civil Litigation Success

A Warrior for Clients


by Best Lawyers

Michael P. Lyons stands up.

Lyons Roaring Through Complex Disputes

Trending Articles

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky

Presenting The Best Lawyers in Australia™ 2025


by Best Lawyers

Best Lawyers is proud to present The Best Lawyers in Australia for 2025, marking the 17th consecutive year of Best Lawyers awards in Australia.

Australia flag over outline of country

Best Lawyers Expands Chilean 2024 Awards


by Best Lawyers

Best Lawyers is pleased to announce the 14th edition of The Best Lawyers in Chile™ and the inaugural edition of Best Lawyers: Ones to Watch in Chile™, honoring the top lawyers and firms conferred on by their Chilean peers.

Landscape of city in Chile

Best Lawyers Expands 2024 Brazilian Awards


by Best Lawyers

Best Lawyers is honored to announce the 14th edition of The Best Lawyers in Brazil™ and the first edition of Best Lawyers: Ones to Watch in Brazil™.

Image of Brazil city and water from sky

Announcing The Best Lawyers in South Africa™ 2024


by Best Lawyers

Best Lawyers is excited to announce the landmark 15th edition of The Best Lawyers in South Africa™ for 2024, including the exclusive "Law Firm of the Year" awards.

Sky view of South Africa town and waterways

The Best Lawyers in Mexico Celebrates a Milestone Year


by Best Lawyers

Best Lawyers is excited to announce the 15th edition of The Best Lawyers in Mexico™ and the second edition of Best Lawyers: Ones to Watch in Mexico™ for 2024.

Sky view of Mexico city scape

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

The Best Lawyers in Portugal™ 2024


by Best Lawyers

The 2024 awards for Portugal include the 14th edition of The Best Lawyers in Portugal™ and 2nd edition of Best Lawyers: Ones to Watch in Portugal™.

City and beach with green water and blue sky

The Best Lawyers in Peru™ 2024


by Best Lawyers

Best Lawyers is excited to announce the landmark 10th edition of The Best Lawyers in Peru, the prestigious award recognizing the country's lop legal talent.

Landscape of Peru city with cliffside and ocean

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

Presenting the 2024 Best Lawyers Family Law Legal Guide


by Best Lawyers

The 2024 Best Lawyers Family Law Legal Guide is now live and includes recognitions for all Best Lawyers family law awards. Read below and explore the legal guide.

Man entering home and hugging two children in doorway

The Best Lawyers in Colombia™ 2024


by Best Lawyers

Best Lawyers is honored to announce the 14th edition of The Best Lawyers in Colombia™ for 2024, which honors Colombia's most esteemed lawyers and law firms.

Cityscape of Colombia with blue cloudy sky above

Announcing The Best Lawyers in New Zealand™ 2025 Awards


by Best Lawyers

Best Lawyers is announcing the 16th edition of The Best Lawyers in New Zealand for 2025, including individual Best Lawyers and "Lawyer of the Year" awards.

New Zealand flag over image of country outline

Announcing the 2024 Best Lawyers in Puerto Rico™


by Best Lawyers

Best Lawyers is proud to announce the 11th edition of The Best Lawyers in Puerto Rico™, honoring the top lawyers and firms across the country for 2024.

View of Puerto Rico city from the ocean

Announcing The Best Lawyers in Japan™ 2025


by Best Lawyers

For a milestone 15th edition, Best Lawyers is proud to announce The Best Lawyers in Japan.

Japan flag over outline of country

The Best Lawyers in Singapore™ 2025 Edition


by Best Lawyers

For 2025, Best Lawyers presents the most esteemed awards for lawyers and law firms in Singapore.

Singapore flag over outline of country