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Handling Risks of Quantity Variations

in Unit-Price Contracts
Khaled Hesham Hyari 1; Nasim Shatarat 2; and Ahmed Khalafallah, A.M.ASCE 3
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Abstract: Unit-price contracts are awarded based on estimated quantities while payment to the contractor is based on actual quantities of
work. In many cases, estimated and actual quantities never perfectly match each other for several reasons. This divergence has direct impact
on the contractor’s profitability and poses additional risks to owners and contractors alike. This paper presents a price adjustment model for
quantity variations in measurement contracts. The model adjusts unit rates for items based on the deviation from estimated quantities in order
to allow the contractor to recover his indirect costs when quantities of work underrun. At the same time, it does not allow the contractor to
obtain a windfall when quantities overrun. This balances the interests of both the contractor and the owner. The model is expected (1) to
reduce submitted bid prices as contractors will not need to increase their submitted prices to account for risks caused by quantity fluctuations;
(2) to reduce the motive for unbalanced pricing of line items to take advantage of perceived errors in estimated quantities; (3) to reduce the
disputes arising around the interpretations of changed quantity clauses in contracts; and (4) to reduce the need for renegotiating unit prices
when variations exceed the allowable range in the contract. DOI: 10.1061/(ASCE)CO.1943-7862.0001393. © 2017 American Society of
Civil Engineers.
Author keywords: Unit price; Measurement contracts; Contract changes; Price adjustment; Estimated quantities; Quantity overrun;
Contracting.

Introduction ones, the contractor will earn the intended profit and recover the
allocated indirect costs. As shown in Table 1, if actual quantities are
Unit-price contracts are widely used in public construction procure- less than estimated quantities by 25%, the contractor will not re-
ment (Shrestha et al. 2012; Mandell and Nystrom 2011; Renes cover $625 from his fixed costs (indirect costs) in addition to the
2011; Ewerhart and Fieseler 2003), and are commonly called foregone profit from the reduced quantities (the contractor will lose
remeasurement contracts because payments to contractors are an amount of $312.5 from the intended profit). As such, the profit
based on actual quantities performed rather than the estimated margin on this item will be reduced from 10 to 3.1%. Conversely, if
quantities in the bill of quantities. The deviation of actual quantities actual quantities were greater than estimated ones by 25%, the con-
of work from the estimated quantities is quite common and repre- tractor will earn an additional profit of $625, in addition to a profit
sents a risk to both owners and contractors. This deviation has of 10% on the increased quantities, raising the profit margin for this
direct impact on contractor’s profitability and owner’s cost. For ex- item from 10 to 14.6%. Analyzing the same example assuming
ample, suppose 1,000 square meters of painting is listed as a line 50% change in quantities would result in a profit of 17.9% in case
item in a project and the contractor estimated the direct cost for this of quantity overrun and a loss of 8.3% in case of quantity underrun.
item (i.e., labor, materials, and equipment costs) at $10 per square Despite the direct impact of accuracy of estimated quantities on
meter. Indirect costs are fixed costs and are generally estimated as contractor’s profitability and subsequently on owner’s cost, stan-
summation of cost elements and then added as a percentage to dard specifications of several state departments of transportation
all line items. If the summation of all estimated direct costs in (DOTs) indicate clearly that quantities provided in the bill of quan-
the project is $1,000,000 and indirect costs are projected to be tities during the bidding stage are estimates only and are intended
$250,000, the contractor typically adds 25% to the unit direct cost solely for comparison purposes to evaluate submitted bid offers.
of all line items. In the painting example, the estimated unit cost for The actual payment will be based on accepted actual quantities per-
this item will be $12.5. For an intended profit margin of 10%, the formed (MnDOT 2014; NDDOT 2014; DDOT 2013). Although the
contractor’s unit price for this item will be $13.75. If the estimated estimated quantities and the actual quantities typically do not per-
costs are accurate and actual quantities perfectly match estimated fectly match, and although payment to contractors will be based on
actual quantities, the contractor is still required to bid based on the
1
Associate Professor, Dept. of Civil Engineering, Hashemite Univ., estimated quantities of work regardless of their accuracy. More-
P.O. Box 330127, Zarqa 13133, Jordan (corresponding author). E-mail: over, bidders are expected to price their bids so that the unit rate
hyari@hu.edu.jo of every item carries its fair share of overhead costs and profit.
2
Associate Professor, Dept. of Civil Engineering, Univ. of Jordan, Standard specifications of several state DOTs clearly indicate
Amman 11942, Jordan. E-mail: n.shatarat@ju.edu.jo that contractors are expected to price their bids so that the price
3
Assistant Professor, Dept. of Civil Engineering, Kuwait Univ., of each line item reflects the estimated cost of performing that item.
P.O. Box 5969, Safat 13060, Kuwait; presently, on leave, Cairo Univ.,
Unbalanced bids are discouraged and are susceptible to rejection in
Cairo 12613, Egypt. E-mail: Ahmed.Khalafallah@ku.edu.kw
Note. This manuscript was submitted on November 20, 2016; approved the bid evaluation stage on the basis of unresponsiveness to bidding
on May 12, 2017; published online on August 12, 2017. Discussion period regulations (Hyari 2015).
open until January 12, 2018; separate discussions must be submitted Another dimension that adds to the risks assumed by the con-
for individual papers. This paper is part of the Journal of Construction tractor is the deliberate inflation of quantities on the bill of quan-
Engineering and Management, © ASCE, ISSN 0733-9364. tities by public owners. Gransberg and Riemer (2009) pointed out

© ASCE 04017079-1 J. Constr. Eng. Manage.

J. Constr. Eng. Manage., 2017, 143(10): 04017079


Table 1. Fluctuations in Quantities of Painting Line Item
As estimated Quantity underrun Quantity overrun
Quantity (m2 ) 1,000 750 500 1,250 1,500
Contractor’s payment ($) 13,750 10,312.5 6,875 17,187.5 20,625
Direct cost ($) 10,000 7,500 5,000 12,500 15,000
Allocated indirect cost ($) 2,500 2,500 2,500 2,500 2,500
Recovered indirect cost ($) 2,500 1,875 1,250 3,125 3,750
Intended profit amount ($) 1,250 1,250 1,250 1,250 1,250
Obtained profit amount ($) 1,250 937.5 625 1,562.5 1,875
Profitability (%) 10.0 3.1 −8.3 14.6 17.9
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two reasons for this inflation: (1) to enable awarding contracts as well as the contractor by adjusting unit prices upward and down-
because the lowest bidder is required not to exceed a certain per- ward. The contractor will recover their allocated indirect costs in
centage above the engineer’s estimate; and (2) to increase the con- the case of quantity underrun, and at the same time the owner will
tingency fund that is usually limited to a certain percentage of be protected from unjustifiably paying higher prices in the case of
estimated project cost. Contractors respond to these risks by either quantity overrun because fixed costs are already recovered in the
inflating unit prices to account for possible losses from such risks payment for originally estimated quantities. The model is expected
or by manipulating unit prices and unbalancing their bids, which to contribute to the submission of lower unit prices by contractors
exposes both owners and contractors to unwarranted risks. Several as it eliminates the need to add higher contingencies to account for
scholars indicated that the discrepancy between estimated and risks associated with uncertainties in quantities of work. The model
actual quantities is one of the primary motivators for unbalanced is also expected to reduce the efforts needed by contract managers
bidding (Hyari et al. 2016; Mandell and Nystrom 2011; Renes for price renegotiations and dispute resolution when quantity varia-
2011; Missbauer and Hauber 2006; Gransberg and Riemer 2009; tion exceeds the threshold indicated in contracts.
Hoogenboom et al. 2006; Ewerhart and Fieseler 2003; Roberts
1994; Bell 1989).
Construction contracts typically include a variation in the esti- Literature Review
mated quantities clause that aims to provide an equitable assign-
ment of risks between parties. Such clauses specify the criteria Price adjustment clauses were investigated by many scholars in
for adjusting unit rates due to variations in quantities. The criteria the literature. However, previous work has focused on adjustment
adopted by many state DOTs is to allow renegotiating the unit rate clauses related to material prices (Ilbeigi et al. 2015; Ashuri et al.
once the deviation from estimated quantities exceeds 25% if the 2014; Kosmopoulouy and Zhou 2014; Newcomb et al. 2013;
item is a major cost item (TDOT 2015; MnDOT 2014; NDDOT Skolnik 2011; Zhou and Damnjanovic 2011; Weidman 2010;
2014; CDOT 2011). Other items are considered minor and are Touran and Lopez 2006). Few studies if any have been conducted
not usually subject to unit rate adjustments. The definitions of a to address price adjustments for quantity variations. The objective
major item varies between state DOTs and ranges from 5 to 15% of including price adjustment clauses in both cases is the same,
of the contract amount (TDOT 2015; NDDOT 2014; CDOT 2011). which is to reduce risks in bidding on the premise that it would
The allowable range for variations before adjustment is signifi- lead to lower bid prices because contractors normally incorporate
cantly wide and limiting the adjustment to only major items ex- perceived risks in their submitted bid prices.
poses both the owner and the contractor to considerable risks. Despite the lack of studies on how to adjust unit prices for quan-
These risks often trigger price manipulations in order to transfer tity variations, many scholars highlighted the risks associated with
the risk to the owner and seize opportunities to increase profits. the inconsistency between estimated and actual quantities (Hyari
Even if changes satisfy the criteria for unit rate adjustment under et al. 2016; Luo and Takahashi 2016; Bajari et al. 2014; Afshar
the applicable changed quantity clause, the process of adjusting the and Amiri 2010; Gransberg and Riemer 2009; Hoogenboom
unit rates requires costly negotiations to agree on the new rates and et al. 2006). Many of them presented models to optimize the
oftentimes become a construction dispute that entails additional re- allocation of project indirect costs and profit to attain higher profits
sources for resolving the dispute. Renes (2011) considered price (Cattell et al. 2008; Yizhe and Youjie 1992; Teicholz and Ashley
adjustment clauses to be useful in reducing the negative impacts 1978; Stark 1974; Aharoni 1971). Luo and Takahashi (2016) inves-
of skewed bidding on the owner. However, the benefit is limited tigated the difference between lump sum and unit-price contracts
because it requires negotiations with the contractor to agree on for infrastructure projects by Florida Department of Transportation
new unit rates. Long (2016) indicated that although changed quan- (FDOT) and indicated that unit-price contracts are selected for
tity clauses in construction contracts are intended to prevent dis- complex projects or projects with higher uncertainty in construc-
putes about variations in quantities, construction disputes exist tion plans (i.e., uncertainty in estimating quantities of work).
around the interpretation of these clauses. Luo and Takahashi (2016, p. 2) stated that “changes in a plan is
There is a need for models that alleviate risks on both owners a rule rather than exception in procurement of construction
and contractors and contribute to an equitable risk sharing among projects, which are typically procured through auctions, and the
the contracting parties. The objective of this paper is to propose a final pay to the contractor could differ significantly from the con-
price adjustment model for quantity variations in unit-price con- tracted price.”
tracts. The proposed model is designed to systematically adjust unit Bajari et al. (2014) considered procurement contracts for infra-
rates according to deviations of actual quantities from estimated structure projects as incomplete contracts because of the frequent
quantities. To the best of the authors’ knowledge, this is the first changes during construction that entail adaptation costs or adjust-
model to address price adjustment for quantity variations in meas- ments to the submitted bid price to account for expected deviation
urement contracts. The model preserves the interests of the owner between estimated and actual quantities of work. They indicated

© ASCE 04017079-2 J. Constr. Eng. Manage.

J. Constr. Eng. Manage., 2017, 143(10): 04017079


that changes to quantities of work during construction are prevalent Aharoni (1971) indicated that manipulating unit rates can be used
and lead to significant differences between contract amount and to achieve higher profit or increase the competitiveness of the con-
final payment. In addition, they indicated that changes result from tractor. Stark (1974) indicate that in unit-price contracts, prices can
incomplete contract documents, unsatisfactory design, or external be unbalanced or manipulated so that lowest bid need not mean
factors such as environmental conditions. Mandell and Brunes lowest price. Stark (1974) indicated that exploiting misestimates
(2014) analyzed the issue of quantity variation in unit-price con- can help the contractor to improve his competitiveness by under-
tracts from a different perspective, focusing on the owner’s selec- pricing overestimated quantities or items that might not be needed
tion of quantities in the bill of quantities when quantities are during construction. Stark (1974) urged contractors to perform in-
uncertain. The focus of many strategic bidding behavior studies dependent assessments of the owner-provided quantities in order to
was on the contractors’ behavior, whereas Mandell and Brunes unbalance the bid to improve profitability because construction is
(2014) focused on the owner’s behavior. They highlighted the characterized by low profit margins.
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trade-offs involved in specifying quantities, considering cost of re- Long (2016) analyzed construction disputes related to variations
negotiations, cost of estimating quantities, and cost overrun risks. in quantities of work and indicated that even if the contract does not
They indicated that in some cases owners announce higher than include a changed quantity clause and includes a statement that es-
estimated quantities in the bidding documents while in other cases timated quantities are only approximate, contractors can still claim
they announce lower than estimated quantities for varying reasons. for damages incurred on the basis of owner’s misrepresentation be-
Gransberg and Riemer (2009) investigated the accuracy of es- cause provided quantities were not approximate. Long (2016) in-
timating quantities of work for highway projects in Oklahoma and dicated that the changed quantity clause will not apply if estimated
concluded that owners should put every possible effort to ensure quantities were not accurate because of inexcusable error or neg-
accurate estimate of quantities to reduce the extent of imbalance ligence from the owner. Long (2016) also listed court decisions that
in submitted bids. They stated that “inaccurate bid quantities lead ruled that contractors have a right to rely on owner’s estimated
to unbalancing unit prices to recover all the costs associated with quantities, and therefore contractors were entitled to claim even
the project and to protect the contractor’s target profit on the bid.” though the percentage deviation from estimated quantities was
Hoogenboom et al. (2006, p. 1138) indicated that a decrease in within the allowable range. The court decision considered the
quantities of work expose the contractor to the risk of not recov- changed quantity clause that limits adjustment to variations beyond
ering all indirect costs allocated to cost items. Although contracts 25% as exculpatory contract language that does not deprive the
often include changed quantity clause that allow reconsidering contractor from entitlement to claim for damages resulted from
unit prices if quantity changes beyond a specified range upward reduced quantities of work.
and downward, the contractor is still exposed to risks within the Variations between estimated and actual quantities in construc-
allowable change of quantity fluctuations. Hoogenboom et al. tion contracts are one of the sources of disputes between owners
(2006) considered discrepancy between estimated and actual quan- and contractors in construction projects (Willmore 2000). Willmore
tities of work as the major motive for submitting unbalanced bids. (2000) cited an early contract dispute around variations in esti-
Ewerhart and Fieseler (2003) indicated that unit-price contracts are mated quantity in 1871. Contractors typically submit claims for
usually criticized for the gap between bid price and contractor’s unrecovered indirect costs and profit when the actual quantities
payment because, of these two, the former is based on estimated are significantly lower than estimated quantities (Long 2016).
quantities while the latter is based on actual quantities. This gap Willmore (2000) studied the legal principles governing the resolu-
opens the door for unit-price manipulations in bids. Ewerhart tion of construction disputes that arise from variations in estimated
and Fieseler (2003) considered the competitiveness of contractors quantities and indicated that understanding these principles can
in unit-price contracts to be determined by two factors: (1) the ef- avoid costly litigation and promote resolution at the construction site
ficiency of contractor’s operations, which allows the contractor to level. Willmore (2000) noted that contractors ability to claim for
enjoy lower total costs relative to other bidders; and (2) the ability price adjustment is not limited to the existence of a changed quantity
of the bidder to increase the divergence between the submitted bid clause in the contract. Contractors can claim for adjustment based
price and earned total payment. on the differing site conditions clause or contract misrepresentation.
Burnett and Wampler (1998) stated that unit-price contracts,
compared to other contract types, are particularly challenging con-
tracts for the contractor to bid successfully and win the bid while at Model Development
the same time earn the intended profit. They indicated that contrac-
tors bidding on unit-price contracts must predict changes in quan- As discussed previously, quantity variation is an inescapable truth
tities of work and reflect these expectations on their unit prices in measurement contracts and poses financial risks to owners and
to reduce risks associated with quantity variations. Roberts (1994) contractors alike. While quantity underruns deprive contractors
indicated that discrepancy between estimated and actual quantities from recovering the whole fixed costs, quantity overruns encumber
of work is the primary reason for skewed bidding. Roberts (1994) owners with extra costs resulting from the reduced share of fixed
also recommended that owners should prepare reliable estimates cost in item pricing. In order to reduce the risks associated with
for work quantities and should include a clause for price adjustment quantity fluctuations for both the owner and the contractor, this pa-
for quantity variations to reduce the motive for unit-price manip- per proposes a price adjustment model that is designed to account
ulations in measurement contracts. Roberts (1994, p. GVT.4.3) for both scenarios of quantity variation simultaneously. The pro-
stated “if the owner desires a reasonably balanced bid, then all ef- posed model is illustrated by Fig. 1, and the calculations involved
fort must be made to provide the following: an equitable mobili- in its operation are summarized in the following steps:
zation pay item in the bid, realistic bid quantities; and a changed 1. For each line item (m ¼ 1 to M), calculate the variable cost com-
quantity clause in the specifications.” ponent (VCm ) in the unit price, as shown in Eq. (1). The unit
Aharoni (1971) formulated a linear programming model that cost of each line item includes direct cost (i.e., variable cost),
illustrates how contractors can take advantage of perceived inaccur- indirect cost (i.e., overhead), and profit. Overhead costs should
acies in estimated quantities. This work was among the earliest for- be uniformly allocated, as fixed percentage of direct cost, to
mulations of unbalanced bidding models for unit-price contracts. various line items to avoid risks associated with unbalanced

© ASCE 04017079-3 J. Constr. Eng. Manage.

J. Constr. Eng. Manage., 2017, 143(10): 04017079


Start

m=1

1) Calculate the variable cost component (VCm) in the unit price of line item m.

2) Calculate the fixed cost component (FCm) in the unit price of line item m

3) Calculate the adjusted fixed cost component (FCam ) in the unit price of line
item m
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4) Calculate the adjusted unit rate for line item m

Select next bid No


Last bid item (m=M)?
item: m = m+1
Yes

5) Calculate the amount of overhead costs allocated to all line items

6) Calculate the amount of overhead costs recovered from all line items after
adjusting unit rates.

7) Compare the total recovered overhead from all line items with the allocated
overhead cost to ensure full recovery of fixed costs

8) Calculate profit percentage earned by the contractor based on actual


quantities of work before and after adjusting unit rates

End

Fig. 1. Price adjustment model

bidding. Although the owner does not know the exact amount 4. Calculate the adjusted unit rate for line item m
of overhead component in each line item and the intended profit,
both of them can be estimated depending on type of work in- U am ¼ ð1 þ pÞ × ðVCm þ FCam Þ ð4Þ
volved and market conditions. In fact, overhead costs and profit
are usually estimated in construction projects to quantify con- where U am = adjusted unit rate for line item m.
struction claims and negotiate claim settlements 5. Calculate the amount of overhead costs allocated to all line
items
VCm¼ Um ð1Þ X
M
ð1þOVÞ×ð1þPÞ
TOVau ¼ FCm × Qem ð5Þ
m¼1
where VCm = variable cost component in the unit price of line
item m; U m = unit price of line item m in the original contract; where TOVau = total overhead cost allocated to all line items.
OV = percentage of overhead cost in the unit price of items; and 6. Calculate the amount of overhead costs recovered from all line
P = typical profit margin in this type of projects. items after adjusting unit rates
2. For each line item (m ¼ 1 to M), calculate the fixed cost com-
ponent (FCm ) in the unit price, as shown in Eq. (2) X
M
TOVru ¼ FCam × Qam ð6Þ
m¼1
FCm ¼ OV × VCm ð2Þ
where TOVru = total overhead cost recovered from all line items.
3. Calculate the adjusted fixed cost component (FCam ) in the unit 7. Compare the total recovered overhead from all line items with
price of line item m the allocated overhead cost to ensure full recovery of fixed costs
regardless of quantity fluctuations
Qem TOVau ¼ TOVru ð7Þ
FCam ¼ FCm × ð3Þ
Qam
8. Calculate profit percentage earned by the contractor based on
where Qem = estimated quantities for line item m in the bill of actual quantities of work before and after adjusting unit rates
quantities (the estimated quantities for each of the lump sum PM
items will be 1); and Qam = actual quantities of work performed ½ðU − VCm Þ × Qam − ðFCm × Qem Þ
EP ¼ m¼1 PM m a e ð8Þ
in line item m. m¼1 ðVCm × Qm þ FCm × Qm Þ

© ASCE 04017079-4 J. Constr. Eng. Manage.

J. Constr. Eng. Manage., 2017, 143(10): 04017079


PM
½ðU a − VCm − FCam Þ × Qam  on the contractor and may lead to higher bid prices because con-
EPa ¼ PM m
m¼1
a a ð9Þ
m¼1 ½ðVCm þ FCm Þ × Qm 
tractors add surcharges to account for perceived risks. Examples of
contract provisions that reduce risk to contractors include escala-
tion clauses, exchange rate variation clauses, changed quantity
where EP = earned profit before adjusting unit rates; and EPa =
earned profit after adjusting unit rates. clauses, differing site conditions clauses, and changes in legisla-
The proposed model contributes to equitable assignment of risks tions clauses. The first three provide mechanisms for adjusting con-
between the contracting parties. Contractors are protected from the tract price while the remaining two compensate the contractor for
risks of not recovering the overhead costs in the case of quantity unforeseen events that affect their costs. The aforementioned pro-
underruns, and at the same time owners are protected from the extra visions can be applied separately or collectively once the specified
costs associated with overbilling for overhead costs in the case of precondition for their application is met. All those provisions serve
the same purpose, to reduce risks on the contractor in fixed price
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quantity overruns. Applying the proposed model should reduce the


motive for unit-price manipulations and unbalanced pricing, which contracts on the premise that such allocation of risks will result in
pose substantial risks to owners and contractors alike. As the model reasonable bid prices and reduction in conflicts during construc-
reduces contractor’s risk associated with quantity variations, it is tion, which contributes to successful delivery of construction proj-
expected to lead to lower bid prices submitted by contractors. Risks ects. Bajari et al. (2014) indicated that bidding regulations that
are always priced in bidding and lower risks lead to lower bid reduce the incompleteness or risks of the contract can reduce
prices. In order to illustrate how the proposed model works, an ap- the cost of public procurement because contractors respond to
plication example is illustrated after the discussion. incomplete contracts by incorporating adaptation costs to the
bid price.
The present model provides an alternative to typical changed
Discussion quantity clauses, and provides a systematic approach to protect
the contracting parties from risks related to quantity variations
Construction contracts that allocate risks fairly between the con- in unit-price contracts. Changed quantity clauses are limited to ma-
tracting parties are mutually beneficial to both owners and contrac- jor contract items and are typically applicable to deviations that
tors. Unit-price contracts are classified as fixed cost contracts exceed the allowable limit for variations, which is typically 25%
similar to lump-sum contracts because payment to contractors is of original quantities. The present model is applicable to all line
based on the stipulated unit rates regardless of actual costs incurred items (i.e., both major and minor items), and also to all deviations
during construction. This type of contract imposes financial risks from estimated quantities (i.e., no need to set an allowable range for

Table 2. Contract Line Items for Erosion Control Project


Item Item description Unit of measure Estimated quantity Unit price ($) Item amount ($)
1 Removal of curb LF 50 25.00 1,250.00
2 Removal of asphalt mat SY 90 50.00 4,500.00
3 Unclassified excavation CY 800 23.97 19,176.00
4 Structure backfill (flow-fill) CY 800 190.03 152,024.00
5 Erosion log Type 1 (12 in.) LF 200 12.00 2,400.00
6 Aggregate bag LF 50 25.00 1,250.00
7 Concrete washout structure EA 10 250.00 2,500.00
8 Replace concrete pavement SY 6,397 167.72 1,072,904.84
9 Seeding (native) Acre 0.10 10,000.00 1,000.00
10 Mulching (weed free hay) Acre 0.10 5,000.00 500.00
11 Mulch tackifier LB 20 25.00 500.00
12 Aggregate base course (Class 6) Ton 300 43.52 13,056.00
13 Hot mix asphalt (patching) Ton 30 300.00 9,000.00
14 Curb (median) Type 4 (Section B) LF 100 80.00 8,000.00
15 Field laboratory (Class 2) EA 1 10,000.00 10,000.00
16 Sanitary facility EA 1 2,000.00 2,000.00
17 Mobilization LS 1 264,800.00 264,800.00
18 Public information services (Tier III) LS 1 5,000.00 5,000.00
19 Pavement marking paint GAL 26 100.00 2,600.00
20 Modified epoxy pavement marking GAL 26 200.00 5,200.00
21 Preformed plastic pavement marking II SF 473 5.00 2,365.00
22 Flagging Hour 1,840 25.00 46,000.00
23 Traffic control management Day 180 900.00 162,000.00
24 Barricade (Type 3 M-B) (temporary) EA 4 250.00 1,000.00
25 Construction traffic sign (panel size A) EA 20 20.00 400.00
26 Construction traffic sign (panel size B) EA 90 40.00 3,600.00
27 Portable message sign panel EA 4 4,000.00 16,000.00
28 Drum channelizing device EA 200 30.00 6,000.00
29 Traffic cone EA 100 20.00 2,000.00
30 Portable rumble strips (temporary) EA 24 300.00 7,200.00
31 Mobile pavement marking zone Day 4 2,500.00 10,000.00
32 Traffic signal (temporary) EA 2 15,000.00 30,000.00
Total amount 1,864,225.84

© ASCE 04017079-5 J. Constr. Eng. Manage.

J. Constr. Eng. Manage., 2017, 143(10): 04017079


quantity fluctuations). Furthermore, the present model eliminates by the contractor. The contractor can still use this practice even
the need to renegotiate unit rates as stipulated in changed quantity though the sought financial benefit will be significantly degraded,
clauses and therefore reduces the efforts needed and the possibility which protects the interest of the owner.
of conflicts arising from these negotiations. Unit-price contracts may include items of work that are not sub-
The present model is applicable only to unit-price contracts jected to price modification according to the present model. Exam-
whereas the previously mentioned clauses are applicable to both ples of such items include: (1) lump sum items; (2) fixed rate items;
unit-price contracts and lump-sum contracts. This limitation stems and (3) day work items. Any item that is marked in the bidding
from the differences between the applicability of the two types of documents under any of the aforementioned designations will
contracts. Lump-sum contracts are used when scope is well defined not be included in the price adjustment process. The three labels
and therefore accurate quantities of work can be estimated. Con- indicate an agreed on condition between the contracting parties that
versely, unit-price contracts are used when quantities of work such items will not be included in the price adjustment. This limi-
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cannot be estimated accurately. Risks associated with quantity var- tation is already implemented in practice because existing changed
iations are often listed as a major shortcoming for unit-price con- quantity clauses exclude such items. The applicability of the model
tracts (Hyari 2015; Gransberg and Riemer 2009), and therefore the is similar to the applicability of the existing changed quantity
present model is designed to address this drawback. clauses. Owners need only to replace such clauses with the present
The present model can reduce the motive for manipulating unit model in the bidding documents. Prospective contractors will be
rates (i.e., unbalanced bidding). However, the present model is not informed that unit rates will be adjusted upward or downward de-
expected to completely eliminate unbalanced bidding. Contractors pending on the extent of deviation of quantities from contract
use unbalanced bidding for several reasons such as minimizing quantities.
financial costs of the projects (i.e., front end loading) or increasing The present model is designed to address one of the frequently
profit through exploiting errors in estimating quantities of work encountered risks in unit-price contracts, which is the recovery of
(i.e., underpricing overestimated items while overpricing underes- fixed costs once actual quantities deviate from estimated quantities
timated items). The present model reduces only the benefits of work. Indirect costs and targeted profit are supposed to be allo-
pursued from the second type of unbalanced bidding because cated evenly to all line items in order to comply with bidding reg-
underestimated quantities will be subject to a reduction in unit ulations and to protect the owner as well as the contractor from the
rates. This is expected to reduce the extent of unbalanced bidding, consequences of skewed bidding. However, even if the contractor
but it is not expected to put an end for this practice because the basis opts to unbalance the allocation of profit or indirect cost, the
for price adjustment in the present model is the submitted unit rates present model will reduce the negative impact on the owner if

Table 3. Contract Price Adjustment for Quantity Overrun Case (Scenario 1)


Adjustment Adjustment Adjustment
Item Unit price ($) Actual quantity Item payment ($) VC ($) FC ($) FC ($) unit price ($) item payment ($)
1 25 50 1,250 18.18 4.55 4.55 25 1,250
2 50 90 4,500 36.36 9.09 9.09 50 4,500
3 23.97 1,000 23,970 17.43 4.36 3.49 23.01 23,011
4 190.03 1,000 190,030 138.20 34.55 27.64 182.43 182,429
5 12 200 2,400 8.73 2.18 2.18 12 2,400
6 25 50 1,250 18.18 4.55 4.55 25 1,250
7 250 10 2,500 181.82 45.45 45.45 250 2,500
8 167.72 7,996 1,341,131 121.98 30.49 24.40 161.01 1,287,486
9 10,000 0.10 1,000 7,272.73 1,818.18 1,818.18 10,000 1,000
10 5,000 0.10 500 3,636.36 909.09 909.09 5,000 500
11 25 20 500 18.18 4.55 4.55 25 500
12 43.52 375 16,320 31.65 7.91 6.33 41.78 15,667
13 300 30 9,000 218.18 54.55 54.55 300 9,000
14 80 100 8,000 58.18 14.55 14.55 80 8,000
15 10,000 1 10,000 7,272.73 1,818.18 1,818.18 10,000 10,000
16 2,000 1 2,000 1,454.55 363.64 363.64 2,000 2,000
17 264,800 1 264,800 192,581.82 48,145.45 48,145.45 264,800 264,800
18 5,000 1 5,000 3,636.36 909.09 909.09 5,000 5,000
19 100 26 2,600 72.73 18.18 18.18 100 2,600
20 200 26 5,200 145.45 36.36 36.36 200 5,200
21 5 473 2,365 3.64 0.91 0.91 5 2,365
22 25 2,300 57,500 18.18 4.55 3.64 24 55,200
23 900 225 202,500 654.55 163.64 130.91 864 194,400
24 250 4 1,000 181.82 45.45 45.45 250 1,000
25 20 20 400 14.55 3.64 3.64 20 400
26 40 90 3,600 29.09 7.27 7.27 40 3,600
27 4,000 5 20,000 2,909.09 727.27 581.82 3,840 19,200
28 30 200 6,000 21.82 5.45 5.45 30 6,000
29 20 100 2,000 14.55 3.64 3.64 20 2,000.00
30 300 24 7,200 218.18 54.55 54.55 300 7,200
31 2,500 5 12,500 1,818.18 454.55 363.64 2,400 12,000
32 15,000 2 30,000 10,909.09 2,727.27 2,727.27 15,000 30,000
Total 2,237,016 2,162,458

© ASCE 04017079-6 J. Constr. Eng. Manage.

J. Constr. Eng. Manage., 2017, 143(10): 04017079


the quantities of an overly-priced item increased. At the same time, an effort toward this sought risk sharing between the owner and the
the model reduces the impact on the contractor if the quantities contractor.
of a lower-priced item decreased. The share of the indirect cost in the unit price of items is project-
The applicability of the present model is not affected by specific and depends on the extent of lump sum items in the bill of
contingency allocation practices. Some contractors allocate contin- quantities. Yet, this percentage can be decided by several methods.
gency as a fixed amount that will be distributed evenly (i.e., unified The owner can set this percentage in the bidding documents de-
percentage) across all line items to cover unforeseen costs. Other pending on the engineer’s estimate of costs. Alternatively, the bid-
contractors may choose to allocate varying amounts to some of the ders can be requested to state this percentage in their submitted
line items according to the perceived risks in such items and the bids. Bidding documents can specify the mechanism for adopting
contractor’s confidence in the estimated costs of those items. Both a percentage in the adjustment model. The adopted percentage can
approaches do not affect the use of the present model. Cost con- be the average/median of the submitted percentages or alternatively
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tingencies are not part of the project fixed costs, and the present the average of the engineer’s percentage and the bidders’ submitted
model is limited to the allocation and recovery of indirect costs percentages.
of the project. Contingencies are added to account for the uncer-
tainty in cost estimating and the perceived risks in the project.
Unused contingency will turn to an additional profit to the contrac- Application Example
tor, and inadequate contingency will lead to reduced profit because
additional unanticipated costs were not included in the original cost The example analyzed in this section is taken from a contract
estimating. awarded by the Colorado Department of Transportation (CDOT)
Recovery of indirect costs when quantities change represents in 2016 for an erosion control project. The contract amount was
a risk to either the owner or the contractor depending on the type $1,864,225.84 and the project includes 32 line items. Two of them
of changes (i.e., overrun or underrun). The owner can reduce the are lump sum items and the rest are unit-price items. Table 2 illus-
extent of indirect costs by listing some of the major elements in the trates the contract line items, estimated quantities, and the unit price
indirect costs as paid lump sum items such as mobilization costs, for each line item. Two scenarios for quantity variations were an-
traffic control, and maintaining site offices. However, this alternate alyzed. In the first scenario, the quantities of six line items (Items 3,
approach can invite other risks such as front end loading. There- 4, 8, 12, 22, and 23) were overrun by 25% as shown in Table 3. In
fore, these risks cannot be eliminated, but can be managed and al- the second scenario, the quantities of the same line items were
located fairly between the contracting parties. The present model is underrun by 25% as shown in Table 4. In both cases the variations

Table 4. Contract Price Adjustment for Quantity Underrun Case (Scenario 2)


Adjustment Adjustment Adjustment
Item Unit price ($) Actual quantity Item payment ($) VC ($) FC ($) FC ($) unit price ($) item payment ($)
1 25 50 1,250 18.18 4.55 4.55 25.00 1,250.00
2 50 90 4,500 36.36 9.09 9.09 50.00 4,500.00
3 23.97 600.00 14,382 17.43 4.36 5.81 25.57 15,340.80
4 190.03 600.00 114,018 138.20 34.55 46.07 202.70 121,619.20
5 12 200 2,400 8.73 2.18 2.18 12.00 2,400.00
6 25 50 1,250 18.18 4.55 4.55 25.00 1,250.00
7 250 10 2,500 181.82 45.45 45.45 250.00 2,500.00
8 167.72 4,797.75 804,679 121.98 30.49 40.66 178.90 858,323.87
9 10,000 0.10 1,000 7,272.73 1,818.18 1,818.18 10,000.00 1,000.00
10 5,000 0.10 500 3,636.36 909.09 909.09 5,000.00 500.00
11 25 20 500 18.18 4.55 4.55 25.00 500.00
12 43.52 225 9,792 31.65 7.91 10.55 46.42 10,444.80
13 300 30 9,000 218.18 54.55 54.55 300.00 9,000.00
14 80 100 8,000 58.18 14.55 14.55 80.00 8,000.00
15 10,000 1 10,000 7,272.73 1,818.18 1,818.18 10,000.00 10,000.00
16 2,000 1 2,000 1,454.55 363.64 363.64 2,000.00 2,000.00
17 264,800 1 264,800 192,581.82 48,145.45 48,145.45 264,800.00 264,800.00
18 5,000 1 5,000 3,636.36 909.09 909.09 5,000.00 5,000.00
19 100 26 2,600 72.73 18.18 18.18 100.00 2,600.00
20 200 26 5,200 145.45 36.36 36.36 200.00 5,200.00
21 5 473 2,365 3.64 0.91 0.91 5.00 2,365.00
22 25 1,380 34,500 18.18 4.55 6.06 26.67 36,800.00
23 900 135 121,500 654.55 163.64 218.18 960.00 129,600.00
24 250 4 1,000 181.82 45.45 45.45 250.00 1,000.00
25 20 20 400 14.55 3.64 3.64 20.00 400.00
26 40 90 3,600 29.09 7.27 7.27 40.00 3,600.00
27 4,000 3.00 12,000 2,909.09 727.27 969.70 4,266.67 12,800.00
28 30 200 6,000 21.82 5.45 5.45 30.00 6,000.00
29 20 100 2,000 14.55 3.64 3.64 20.00 2,000.00
30 300 24 7,200 218.18 54.55 54.55 300.00 7,200.00
31 2,500 3 7,500 1,818.18 454.55 606.06 2,666.67 8,000.00
32 15,000 2 30,000 10,909.09 2,727.27 2,727.27 15,000.00 30,000.00
Total 1,491,436 1,565,994

© ASCE 04017079-7 J. Constr. Eng. Manage.

J. Constr. Eng. Manage., 2017, 143(10): 04017079


Table 5. Recovered Overhead and Earned Profit for Quantity Overrun Case (Scenario 1)
Allocated Overhead recovered Item profit
Item Overhead Before adjustment After adjustment Item cost Before adjustment After adjustment
1 227.3 227.3 227.3 1,136.4 113.6 113.6
2 818.2 818.2 818.2 4,090.9 409.1 409.1
3 3,486.5 4,358.2 3,486.5 20,919.3 3,050.7 2,091.9
4 27,640.7 34,550.9 27,640.7 165,844.4 24,185.6 16,584.4
5 436.4 436.4 436.4 2,181.8 218.2 218.2
6 227.3 227.3 227.3 1,136.4 113.6 113.6
7 454.5 454.5 454.5 2,272.7 227.3 227.3
8 195,073.6 2,43,842.0 1,95,073.6 1,170,441.6 170,689.4 117,044.2
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9 181.8 181.8 181.8 909.1 90.9 90.9


10 90.9 90.9 90.9 454.5 45.5 45.5
11 90.9 90.9 90.9 454.5 45.5 45.5
12 2,373.8 2,967.3 2,373.8 14.242.9 2,077.1 1,424.3
13 1,636.4 1,636.4 1,636.4 8.181.8 818.2 818.2
14 1,454.5 1,454.5 1,454.5 7,272.7 727.3 727.3
15 1,818.2 1,818.2 1,818.2 9,090.9 909.1 909.1
16 363.6 363.6 363.6 1,818.2 181.8 181.8
17 48,145.5 48,145.5 48,145.5 240,727.3 24,072.7 24,072.7
18 909.1 909.1 909.1 4,545.5 454.5 454.5
19 472.7 472.7 472.7 2,363.6 236.4 236.4
20 945.5 945.5 945.5 4,727.3 472.7 472.7
21 430.0 430.0 430.0 2,150.0 215.0 215.0
22 8,363.6 10,454.5 8,363.6 50,181.8 7,318.2 5,018.2
23 29,454.5 36,818.2 29,454.5 176,727.3 25,772.7 17,672.7
24 181.8 181.8 181.8 909.1 90.9 90.9
25 72.7 72.7 72.7 363.6 36.4 36.4
26 654.5 654.5 654.5 3,272.7 327.3 327.3
27 2,909.1 3,636.4 2,909.1 17,454.5 2,545.5 1,745.5
28 1,090.9 1,090.9 1,090.9 5,454.5 545.5 545.5
29 363.6 363.6 363.6 1,818.2 181.8 181.8
30 1,309.1 1,309.1 1,309.1 6,545.5 654.5 654.5
31 1,818.2 2,272.7 1,818.2 10,909.1 1,590.9 1,090.9
32 5,454.5 5,454.5 5,454.5 27,272.7 2,727.3 2,727.3
Total 338,950.2 406,730.2 338,950.2 1,965,870.9 271,145.1 196,587.1
Percentage 13.7 10.0

in quantities are not eligible to any price adjustment because project. As shown in Table 5, the profit margin before applying
percentages of variations are within the allowable range and there- the model would rise to 13.79% whereas the profit is 10% after
fore do not satisfy the criteria for price adjustment according to the applying the model, which is consistent with the intended profit.
standard specifications of the state department of transportation. Similarly, Table 6 illustrates the recovered overhead before and
Considering a typical profit margin of 10% and estimating the indi- after applying the present model in the quantity underrun case.
rect costs for this type of projects at 25% of the direct costs, the It is shown that the contractor incurs a loss of $74,558 due to unre-
proposed model was used to adjust the unit rates of line items ac- covered overhead before applying the model whereas the recovered
cording to the variation in quantities. Table 3 illustrates the adjusted overhead matches the intended one after applying the model. The
unit rates and the total payment to the contractor before and after impact on profitability is obvious because profit would drop to
applying the model in Scenario 1 (overrun in quantities). The con- 4.8% without the model application whereas the consistency
tractor’s total payment will be $2,162,458 instead of $2,237,016. between the intended profit and the earned profit is ensured with
The owner will be protected from unduly paying $74,558 to the the model application. The analyzed example illustrates the bal-
contractor because all fixed costs were already recovered from anced perspective of the model as it adjusts unit rates upward
performing the original quantities of work. Table 4 illustrates and downward as per quantity variations.
the adjusted unit rates and the total payment to the contractor
before and after applying the model in Scenario 2 (underrun in
quantities). The contractor’s total payment will be $1,565,994 in- Conclusion
stead of $1,491,436. The contractor will be protected from losing
$74,558 due to unrecovered fixed costs because actual quantities In unit-price contracts, the discrepancy between the actual and es-
performed were less than estimated quantities in the bill of quan- timated quantities of work poses risks to owners as well as contrac-
tities. Table 5 illustrates the allocated overhead and the differences tors. This paper presented the development of a price adjustment
between recovered overhead before and after applying the model model for quantity variations in unit-price contracts. The model ad-
when actual quantities exceed estimated ones. Adjusting unit rates justs the unit price for line items when a deviation exists between
ensures that contractors will recover only the intended overhead, estimated and actual quantities of work. The price will be increased
and that the contractor will not obtain a windfall profit if quantities if actual quantities are less than estimated quantities. Similarly, unit
overrun while still maintaining the intended profitability of the rates will be lowered if actual quantities surpass estimated ones.

© ASCE 04017079-8 J. Constr. Eng. Manage.

J. Constr. Eng. Manage., 2017, 143(10): 04017079


Table 6. Recovered Overhead and Earned Profit for Quantity Underrun (Scenario 2)
Allocated Overhead recovered Item profit
Item Overhead Before adjustment After adjustment Item cost Before adjustment After adjustment
1 227.3 227.3 227.3 1,136.4 113.6 113.6
2 818.2 818.2 818.2 4,090.9 409.1 409.1
3 3,486.5 2,614.9 3,486.5 13,946.2 435.8 1,394.6
4 27,640.7 20,730.5 27,640.7 110,562.9 3,455.1 11,056.3
5 436.4 436.4 436.4 2,181.8 218.2 218.2
6 227.3 227.3 227.3 1,136.4 113.6 113.6
7 454.5 454.5 454.5 2,272.7 227.3 227.3
8 195,073.6 146,305.2 195,073.6 780,294.4 24,384.2 78,029.4
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9 181.8 181.8 181.8 909.1 90.9 90.9


10 90.9 90.9 90.9 454.5 45.5 45.5
11 90.9 90.9 90.9 454.5 45.5 45.5
12 2,373.8 1,780.4 2,373.8 9,495.3 296.7 949.5
13 1,636.4 1,636.4 1,636.4 8,181.8 818.2 818.2
14 1,454.5 1,454.5 1,454.5 7,272.7 727.3 727.3
15 1,818.2 1,818.2 1,818.2 9,090.9 909.1 909.1
16 363.6 363.6 363.6 1,818.2 181.8 181.8
17 48,145.5 48,145.5 48,145.5 240,727.3 24,072.7 24,072.7
18 909.1 909.1 909.1 4,545.5 454.5 454.5
19 472.7 472.7 472.7 2,363.6 236.4 236.4
20 945.5 945.5 945.5 4,727.3 472.7 472.7
21 430.0 430.0 430.0 2,150.0 215.0 215.0
22 8,363.6 6,272.7 8,363.6 33,454.5 1,045.5 3,345.5
23 29,454.5 22,090.9 29,454.5 117,818.2 3,681.8 11,781.8
24 181.8 181.8 181.8 909.1 90.9 90.9
25 72.7 72.7 72.7 363.6 36.4 36.4
26 654.5 654.5 654.5 3,272.7 327.3 327.3
27 2,909.1 2,181.8 2,909.1 11,636.4 363.6 1,163.6
28 1,090.9 1,090.9 1,090.9 5,454.5 545.5 545.5
29 363.6 363.6 363.6 1,818.2 181.8 181.8
30 1,309.1 1,309.1 1,309.1 6,545.5 654.5 654.5
31 1,818.2 1,363.6 1,818.2 7,272.7 227.3 727.3
32 5,454.5 5,454.5 5,454.5 27,272.7 2,727.3 2,727.3
Total 338,950.2 271,170.1 338,950.2 1,423,630.6 67,805.0 142,363.1
Percentage 4.8 10.0

The present model tackled the inherent inconsistency in bidding research also could study the possibility of integrating time adjust-
regulations for unit-price contracts. Standard specifications of ment with price adjustment for quantity variations in unit-price
many state departments of transportation indicate that estimated contracts. Deviations from estimated quantities not only affect unit
quantities are approximate ones and are presented only for the sake cost, but also affect delivery time of the construction activity.
of comparison of bid proposals. But at the same time, these spec-
ifications require contractors to allocate their indirect costs fairly
over the bid line items using these approximate quantities. The Data Availability Statement
proposed model offers several advantages over the currently
used changed quantity clauses in unit-price contracts including: All data generated or analyzed during the study are included in
(1) eliminating the need for setting limits for allowable variations the published paper. Information about the Journal’s data sharing
as all variations are subject to adjustment in the present model; policy can be found here: http://ascelibrary.org/doi/10.1061/%28
(2) removing the need for identifying major and minor items be- ASCE%29CO.1943-7862.0001263.
cause all line items are eligible for price adjustments; and (3) elimi-
nating the need for negotiating price adjustments because the model
provides a systematic way for adjusting the unit rates according to References
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J. Constr. Eng. Manage., 2017, 143(10): 04017079

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