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Copyright © 2017 Deloitte Development LLC. All rights reserved. 2
Today’s presenters
Mark BlumkinManaging Director
Deloitte Transactions & Business Analytics, LLP
Chris SmithManaging Director
Turner Surety and Insurance Brokerage, Inc.
Matt MurchSenior Manager
Deloitte Transactions & Business Analytics, LLP
Matt WolframSenior Manager
Deloitte Transactions & Business Analytics, LLP
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 3
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 4
We will be gathering live feedback from you, our audience, during this presentation, to participate, please:
1. Pull out your cell phone.
2. Text “MITIGATINGRISK” to 22333 to join the session.
3. Read the question on the screen.
4. Text the letter or long-form answer associated with your chosen answer to the phone number 22333.
An interactive presentation
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 5
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 6
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 7
• Financial Risk & Mitigation Strategy
• Owner Construction Audit Risk
• Captive Insurance
• Culture of Risk
• Game Time
Presentation overview
Financial Risk & Mitigation Strategy Matt Murch, Senior ManagerDeloitte Transactions and Business Analytics, LLP
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 9
Project Risk Management Framework
Risk Oversight
Risk
Governance
People
Systems / Tools Data Management Metrics & ReportingTools
Risk Initiation & Planning
Risk Identification Risk Assessment
Objective Setting PoliciesRoles &
ResponsibilitiesRisk Taxonomy
Risk Appetite /
Threshold
Cro
ss-T
eam
In
teg
rati
on
Project Risk
Management
Process and
Procedures
Risk Monitoring & Control
Risk Response Planning
Risk Response Execution
Close Risk
Risk Identification and Assessment
Risk Response and Control
Culture Knowledge, Skills & Behaviors
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 10
A Risk Taxonomy is a classification system to organize enterprise-wide risks and create a common risk language. The purpose of the taxonomy is to organize the universe of risks into logical groupings (risk areas and risk categories), which helps determine ownership and accountability for risk and facilitates identification of emerging risks.
Proposed Risk Taxonomy for our clients
Project RiskEnvironment,
Health & Safety
Information Technology
Human Resources
Regulatory & Compliance
Organization Structure & Leadership
Reputation
Operations
Site Execution
Procurement Risk
Technical / Design
Contractual
Quality Risk
Project Control
Interface with
Customers
Subcontract
JV
Interface with Other
Related Projects
Strategy & Planning
Finance
Environmental Health &
Safety
Hazard Management
Business Continuity
Management
Technology
Physical Security
Information Security
Disaster Recovery
Plan
Architecture
Record Management
Change Management
Technology Licensing
Data Privacy & Protection
Knowledge Management
Performance Management
Payroll
Retirement Program
Talent Pipeline / Recruitment
Training & Development
Record Management
Communication
Retention
Culture
Regulatory
Laws & Regulations
Oversight & Supervision
Leadership
Governance
Transparency
Ethics
Investment / Project
Assessment & Evaluation
Reputation External Factors / Trends
Planning
Mergers / Acquisitions /
Diversities
Innovation
Extended Enterprise
Growth
Outsourcing
Competition
Accounting
Internal Controls
Insurance / Hedging
Liquidity
Taxation
Planning, Budgeting & Forecasting
Management Reporting
Assets & Infrastructure
Level I Risk Area
Level II Risk Category
Legend
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 11
The following are a few examples of tools that Deloitte has implemented for risk tracking and reporting:
Risk management tools
Risk Information Form
RISK IDENTIFICATION INITIAL RISK
Risk Assumptions
Risk Category Potential Impact
Most Likely
Cost ($ millions) $2.2
Schedule (days) 8
Risk Name
Risk Symptoms
Initial Risk Level
RISK RESPONSE RESIDUAL RISK
Risk Root Cause(s)
Risk Response Maximum Potential Impact
Residual Risk Score (= Likelihood x Impact)
Response Name Residual Risk Level
Action Plan Details
Contingency allowance provided
Residual cost ($M)
Residual schedule impact (days)
Risk Accepted and Sign Off By
Signature and Date:
Action Details
Action Owner Comments / Remarks / Attachments
Action Due date
Action Cost ($M)
Develop enhaced training program for key trades
requiring additional labor. Implement aggressive
recruiting plan. See Training Strategy and Recruitment
Plan for further details.
Of Concern
Lack of available skilled labor is resulting increased labor
costs and may impact productivity.
Medium
Residual Risk Assessment
Likelihood of Occurrence
6
Of Concern
3
Minor
Moderate
John Doe
20-Sep-08
Initial Risk Score (= Likelihood x Impact)
Improve training and recruiting.
$0.1
Trades XZY have been impacted and trends
indicate costs may increase by $2.2M. See
supporting Labor Availability Analysis for further
details.
Moderate
Moderate
9
Impact Score
Medium
Insignificant
Active
John Doe
EX001
Resources (Who is doing the work)
Likelihood of Occurrence
Maximum Potential Impact
Date of Identification
Skilled Trades Labor Availability Other (Quality, Customer Satisfaction, etc.)
Example ProjectResponsible Organization
$1.2
Lack of skilled labor in local areas and increased
completition with other construction projects.
Mitigate
Risk Number
8-Sep-08
Risk Initiator
Status
RISK REGISTERACME - Example Project Owner:
Date:
Risk No. Status Risk Date of Risk Risk Name Likelihood Max Impact Initial Risk Response Risk Response Action Action Response Residual Residual Residual Risk Risk
Initiator Identification Category Summary Description - Root Causes L:1-5 Cost Schedule Other I:1-5 Score Level (4 T's) Action Plan Owner Due Date Cost Likelihood Impact Score Level Signed Off Cost Schedule
EX001 Active John Doe 8-Sep-08
Resources
(Who is doing
the work)
Skilled Trades Labor Availability Medium 2.2 8 Insignificant Moderate 9 Of Concern MitigateImprove training and
recruiting.John Doe 20-Sep-08 $0 Medium Minor 6 Of Concern 0 1.2$ 3.0
EX002
EX003
EX004
EX005
EX006
EX007
EX008
EX009
EX010
EX011
EX012
EX013
EX014
EX015
EX016
EX017
EX018
Opportunity Status Initiator Date of Category Opportunity Name Likelihood Max Impact Initial Level Response Response Action Action Response Residual Residual Residual Level Signed Off
No. Identification Summary Description L:1-5 Cost Schedule Other I:1-5 Score (4 T's) Action Plan Owner Due Date Cost Likelihood Impact Score Cost Schedule
EX-OP001 Active John Doe 8-Sep-08Interface with
ProcurementAccelerate RFP for Equipment High 0 10 Insignificant Moderate 12 High Enhance
Identify other
procurement
efficiencies
John Doe 15-Oct-08 $0 High Major 16 High 0 -$ 10.0
EX-OP001
EX-OP001
EX-OP001
EX-OP001
Contingency
John Doe
8-Sep-08
Initial Impact AssessmentContingency
Allowance
RESIDUAL RISK
INITIAL OPPORTUNITY OPPORTUNITY RESPONSE PLAN RESIDUAL OPPORTUNITY
RISK IDENTIFICATION INITIAL RISK RISK RESPONSE PLAN
Initial Impact Assessment
OPPORTUNITY IDENTIFICATION
✓ Risk Register
The Risk Register is summary document typically in spreadsheet format used to identify, document and manage project risks. The Risk Register houses all identified risks until a Risk Response Plan has been implemented and the Residual Risk signed off by the Risk Owner. The Risk Register is used for both threats and opportunities.
✓ Risk Management Process Flow Chart
The Risk Management Process Flow Chart describes the iterative risk management process tasks to be performed by the key risk management stakeholders including risk identification, risk assessment, risk response planning and control and monitoring.
✓ Roles and Responsibilities Matrix
The Roles and Responsibilities Matrix is a table describing the roles and responsibilities for each position with regard to the key project risk management tasks. This matrix provides guidance regarding ownership for specific tasks, responsibilities for executing the work, and supporting roles.
Enbridge Proposed PMT Change Management Process – DRAFT FOR DISCUSSION
Valid for all Phases of the Proposed Major Capital Project Lifecycle
Pro
ject M
anager
/ Lead
(Bu
sin
ess D
eve
lop
me
nt E
ng
ine
erin
g
(BD
E)
/ E
ng
ine
erin
g &
Pro
ject E
xe
cu
tio
n
(EP
E))
DRAFT
Origin
ato
r (I
de
ntifie
r o
f
Ch
an
ge
or
Ch
an
ge
Re
qu
ire
me
nt)
Pro
ject C
ost/
Schedule
Contr
ol
Engin
eer
(PM
T)
Pro
ject M
anagem
ent T
eam
(P
MT
)
Pro
ject D
irecto
r
Oth
er
Functional
Gro
ups a
nd
Exte
rnal
Sta
kehold
ers
Potential
Change
Identified
Initial
identification
Root Cause,
Cost, Schedule
and Scope
impact of
potential
change
Informed of
Potential Change
Originate Potential
Change Notice
(PCN) Document
and record
Potential Change
in Project Change
Log
Review
Potential
Change Notice
& Project
Change Log
PMT
Contingency
Management
Process
Informed of
Potential Change
Does
urgency / Impact
warrant Exception
Sub-process
Review
Potential
Change with
Functional
Groups
Review Potential
Change identify
any related
changes /impacts
due to potential
change
Determine Total
Impacts to
Scope, Cost,
Schedule, Cost
of Schedule &
Funding
Update PCN and Project
Change Log
Review Potential
Change Notice &
Project Change
Log
Merit Assessment
of Potential Change
& Supporting Info.
Convert Updated PCN to a
Project Change Order
Update PCN and
Project Change LogEnd
Endorse Change
Finalize Change
Order and
Update Project
Change Log
Review Change
Order and Project
Change Log
Ensure Budget /
Schedule / Scope
and Contingency
Log are updated
InformedChange
within PD Authorization
Limits & Funding
Available
Review with
Customer via BD
(If Required)
Endorse or
Reject Change
No
NO MERIT
MERIT
YES
Seek AFE and/
or Higher
Approval
Authority
NO
Review / ensure
Functional Group
and Stakeholder
contact and input.
(As Required)
Informed
See PMT
Exception
Sub-process
Approve
Exception Sub-
process
Yes
Yes
Involved
Functional Group
and Stakeholder
Endorsement –
Sign off on
Change
Ensure Change
implemented in
accordance with
PCO
Implement
Change
1
2
3
4
56
7
8
9
10
1112 13
1415
16
17
18
19
End
6a
# Process
defined
elsewhere
ProcessDocument
TerminatorNote Number
Decision
Process Flow Legend:
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 12
Monte Carlo 101As part of this engagement, Deloitte will help the UN utilize the Monte Carlo simulation to assess project risks.
• Quantitative risk analysis enables the client to identify and mitigate “high impact” risks inherent in traditional cost estimates and schedule projections
• Traditional cost estimating and CPM scheduling does not account for risk or uncertainty
• Monte Carlo simulation and scenario analysis accounts for both risk and uncertainty related to cost estimates and project schedules
• Cost and schedule confidence: Monte Carlo simulation and scenario analysis will help to evaluate the range of expected costs or schedule completion dates as well as the confidence levels associated with achieving certain cost or schedule objectives
• Enhanced ability to assess key drivers of risk and uncertainty utilizing statistical information collected during the simulation process
Quantitative Risk Management – Approach
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 13
Triangle Distribution vs. Double Triangle Distribution
Risk Management Approach - Inputs
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 14
Recommended contingency fundingDeloitte assumes that the Monte Carlo simulation shall be used to help the UN assess its contingency funding.
Results – Cost Histogram
• Utilize cost histogram results to assess contingency funds
• Understand client’s risk threshold to determine acceptable range
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 15
Evaluate component costs likely to have the greatest impact upon overall project cost and develop mitigation strategies to proactive address risks. The tornado chart depicts the impact of high risk cost items in relation to overall cost:
Results – Tornado Chart
2%
2%
3%
6%
6%
19%
20%
20%
22%
80%S023 - 2nd Outage
S024 - Engineering
S032 - Wire Panels & Remaining Outdoor Equipment
S025 - Engineering Review
S026 - Issue For Construction Review by Drafting
S022 - Conductor Work
S034 - Environmental (Site Conditions)
S019 - Steel Fabrication & Install
S033 - Change Management (Key Personnel Turnover)
S041 - Utilities Coordination
ConEd Feeder 76 - 7-2-2015 v01.mppSchedule Sensitivity Index: Entire Plan - All tasks
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 16
Project scope:
• Client has been contracted by two large utility providers to design, procure, manufacture, and construct hydroelectric turbine generators.
• Utilize Monte Carlo to determine if contingency amounts are adequate.
• Review risk register information in risk workshops to develop Monte Carlo inputs and results
Process:
• Conducted numerous risk workshops with project stakeholders
• Collect Monte Carlo inputs to run simulation software and generate results in the form of histograms and tornado charts
Benefits
• Probabilistic range of contingency amounts required to cover identified risks not included in the Estimate-At-Completion (EAC).
• Monte Carlo results used as support in external audit of client’s financial statement
Case Study – Monte Carlo & Financial Reporting
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 17
Project scope:
• Assess the reasonable basis for change orders;
• Assess compliance with contracts, internal procedures and revenue recognition accounting standards IAS 11 and IFRS 15;
• Assess the reasonableness of the order of magnitude of change orders; and,
• Identify opportunities to improve the change management practices.
Process:
• Assessment of the Project change orders for entitlement, prioritization, strengths and weaknesses and alignment with revenue recognition policies and accounting standards
Benefits
• Analyzed risks associated with potential change orders and impacts upon financials
• Worked with client’s financial team and external auditors to support revenue recognition
Case Study – Change Order Risk & Financial Reporting
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2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 19
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 20
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 21
Owner Construction Audit RiskMatt Wolfram, Senior ManagerDeloitte Transactions and Business Analytics, LLP
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 23
A look at where the industry is heading
The evolving owner
▪ Owners are becoming more sophisticated and shifting from providing oversight to managing projects
▪ Owners increasingly are commissioning construction audits
▪ What drives that decision?
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 24
The first step of the capital projects specialist is to anticipate the audit:
What is the auditor looking for?
Mitigating audit risk
Types of Audits
Timing of the Audit Audit Accelerators
Questions to Ask
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 25
The questions to ask at the beginning of the audit revolve around the objective of the audit and the timing of the audit. Documents you can begin to gather include:
Anticipating the audit
Subcontractor Procurement Information:
▪ Bid invitations
▪ RFIs
▪ Bids
▪ Bid leveling
▪ Bid scoring
▪ Award recommendation
▪ Contract
Subcontractor Cost Support:
▪ Payment applications
▪ T&M tickets
▪ Change orders (proposals & executed)
▪ Labor rate build up support (CBAs & contractually agreed build ups)
Certificates of Insurance
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Common audit findings
Contract Administration & Enforcement1
Non-Compliance with the Definition of the Cost of Work
2
Fraud3
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“At any given moment, there is a certain percentage of the population that’s up to no good.”
- J. Edgar Hoover
A Statistical Certainty
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▪ Construction is consistently rated as the most corrupt industry worldwide
▪ 30% of mega-firms express little or no confidence in corporate controls over construction
▪ Fraud/waste/abuse accounts for at least 10% loss of project value globally
▪ Cost of corruption is more than just wasted money; can lead to shoddy workmanship, which in turn can damage the environment and even cost lives
Fraud and Construction
Source: Transparency International 2009 Global Corruption Report
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2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 30
1%
1%
3%
4%
4%
8%
9%
15%
16%
15%
23%
4%
4%
3%
4%
3%
8%
6%
14%
12%
19%
21%
0% 5% 10% 15% 20% 25%
Fraud risk management
Corporate security
Change of personnel duties; rotation of staff
Electronic Autom Suspicious transaction report systems
Investigations by law enforcement agencies
Whistle blowing system; hotline
By accident
External tip-off
Other ways
Internal audit
Internal tip-off
Percent of Companies
Across all industries Engineering and construction worldwide
Methods of Detection
Source: Economic Crime: People, Culture & Controls Global Economic Crime Survey
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 31
The most effective methods of detection:
▪ Internal/External Tip-off
▪ “The fact that tips continue to be the most effective means of detecting fraud suggests that organizations could improve their detection efforts by establishing formal structures to receive reports about possible fraudulent conduct.” (2008 ACFE Report to the Nation on Occupational Fraud and Abuse)
▪ Whistleblowing, primarily through the False Claims Act, has resulted in over $2 billion in recoveries and over $177 million in awards (2007 Department of Justice Civil Fraud Division)
▪ Internal Audit
▪ Recurring audits and testing project transactions
▪ Internal Controls
▪ Periodic reviews and testing of the efficiency and adequacy of internal controls
Methods of Detection
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 32
4%
4%
5%
9%
7%
7%
8%
7%
13%
14%
17%
20%
15%
19%
34%
39%
5%
5%
6%
6%
8%
8%
9%
10%
12%
14%
18%
19%
22%
23%
36%
43%
0% 5% 10% 15% 20% 25% 30% 35% 40% 45%
Complained about lack of authority
Excessive family/peer pressure for success
Instability in life circumstances
Past legal problems
Excessive pressure from within organization
Complained about inadequate pay
Past employment-related problems
Refusal to take vacations
Addiction problems
Irritability, suspiciousness or defensiveness
Divorce/family problems
Wheeler-dealer attitude
Unusually close association with vendor/customer
Control issues, unwillingness to share duties
Financial difficulties
Living beyond means
Percent of Cases
Behavio
ral Red F
lag
Behavioral Red Flags of Perpetrators*
2010
2008
Red Flags/Fraud Indicators
*The sum of percentages in this chart exceeds 100% because in many cases perpetrators displayed more than one behavioral flag
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 33
Corruption
Discovery of “Red Flag”
Bid Manipulation
▪ Particular contractor always wins
▪ Contractor follows Project Manager / Buyer from job to job
▪ Bid solicitation by unauthorized personnel
▪ Large unexplainable spread between bids
Bribes/Kickbacks
▪ Employee lifestyle changes
▪ Continuing awards to subcontractors with poor performance records
Change Order Manipulation
▪ Change orders issued soon after contract is signed
▪ Change orders with missing details (scope description, cost and or schedule impacts)
Vendor Fraud
▪ Fictitious vendors, PO Box used for address
▪ Minority owner lacking background, expertise or equipment to perform project
Corruption
Asset Misappropriation
Fraudulent Financial Statement
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 34
Asset Misappropriation
Discovery of “Red Flag”
Fraudulent Lien Waivers▪ Delays in contractor providing lien waivers
▪ Subcontractor complaints in receiving payment
Fraudulent Expenses
▪ Excessive or unreasonable expenses (not in compliance with contract terms)
▪ Expenses submitted late compared to date incurred
▪ Use of credit card statement in lieu of receipts
Check Tampering
▪ Copies of bank statements provided with accounting support (bank reconciliation) in lieu of originals
▪ Erasures and alterations on checks or wire transfers
Ghosts on Payroll▪ Excess labor charges over budget
▪ In adequate staffing on project
Material Purchasing
▪ Substitution of materials without technical approvals
▪ Unusually low or high pricing on materials/equipment supplied over market and other bidders
▪ Truck tickets or plant production records missing or altered
Corruption
Asset Misappropriation
Fraudulent Financial Statement
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 35
Fraudulent Financial Statement
Discovery of “Red Flag”
Billing for the work not performed
▪ Payment in advance of progress
▪ Overstating units (quantities, equipment, labor) provided
Diverting Lump Sum to T&M Costs
▪ Contractor performing lump sum and time and material work on same project or different projects with same owner
▪ Charging cost related to lump sum work to T&M change orders
False Application for payment▪ Payment applications do not reconcile
▪ Progress not accurately reflected on Application for Payment
Time Overcharging▪ Time cards filled out by supervisors, not employees
▪ Unauthorized alterations to time cards and other source records
Overstating value of inventory and receivables
▪ Recording materials previously job costed back into inventory
▪ Pattern of cancellation of previously issued invoices
Corruption
Asset Misappropriation
Fraudulent Financial Statement
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 36
Fraudulent Financial Statement (cont’d)
Discovery of “Red Flag”
Overstating contract profitability by understating estimate to complete
▪ Cost estimates that are incrementally increased resulting in underestimates of total contract costs
▪ Not recording (accrual) subcontractor costs at month end until invoices received
Overstating contract revenue
▪ Recording revenue for unapproved change orders and claims without adequate support
▪ Billing in advance of earned progress and increases in aged receivables
Manipulating percent complete estimate to maintain or increase earnings
▪ Changes in percent complete status after monthly/quarterly reporting period
▪ Changes in rules of credit for progress concealing design or construction errors
Corruption
Asset Misappropriation
Fraudulent Financial Statement
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 37
Fraudulent Financial Statement (cont’d)
Discovery of “Red Flag”
Understanding accounts payable
▪ Unexpected increase or decrease in liabilities between reporting periods
▪ Under-accrual for material in transit
Crediting and rebilling receivables to affect aged balances
▪ Invoice numbers that are out of sequence based on invoice date
▪ Unusual debit transactions to revenue account
Overstating/understating Property, Plant & Equipment (PPE)
▪ Job charging PPE in lieu of capitalization and depreciation
▪ Resale of fully depreciated assets to related entity
Corruption
Asset Misappropriation
Fraudulent Financial Statement
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 38
• Insurance subsidiary of a non-insurance parent
• Exists to serve the risk management needs of the parent and/or to support the core business goals of the parent, rather than for its own profitability
• Risk financing vehicle for retaining corporate insurance risks
What is a Captive?
Risks Commonly Insured in Captives
• General liability
• Automobile Liability
• Workers’ compensation
• Professional liability/Errors & Omissions
• Products/Completed Operations liability
• Customer coverages
• Dealer/Franchisee coverages
• Equipment Maintenance
• Contractor Equipment
• Cyber Liability
• Property and Business Interruption
• Employee Benefits
• Terrorism
• Environmental risk
Nearly any risk that is self-insured, carries large deductibles/retentions, is commercially unavailable, or cost prohibitive
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 39
How do organizations use captives? And which types do they use?
RRG or Association/Group Captive
Single Parent
Small 831(b)
Captive
Large
Medium
Small
(“Pure”) Captive
Cell
CaptiveSiz
e o
f In
su
red
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 40
Consolidated Insurance Programs—A brief history
• Workers’ compensation and employers liability
• General liability
• Builders risk
• Excess liability
• Errors & Omissions/Professional liability
• Contractor default risk
• Environmental
• Construction defect liability
CoveragesContractor-Controlled
(CCIPs)
Project Owners
Heavy M
ain
ten
an
ce (
MC
IP
s)
Ow
ner-C
on
tro
lled
(O
CIP
s)
Ro
llin
g w
rap
-up
s (
RC
IP
s)
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 41
CCIP sub-contractor captive programs
Sub-contractor
Sub-contractor
Sub-contractor
Sub-contractor
Sub-contractor
Sub-contractor
Sub-contractor
Sub-contractor
Sub-contractor
Sub-contractor
• Using the CCIP/captive may help ensure that sub-contractors meet insurance specifications as set out by prime
• Better control over claims handling process and costs
• Potential underwriting profits recaptured by captive owner, potentially available to share with project owners as well
• Even without captive, insurance pass-through costs move from retail (individual contractors) to wholesale (GC)
Paid Claims
LOC orGuarantee
InvestmentIncome andUnderwritingProfit
LossPayments
Licensed
Fronting
Insurance
Carrier
Retained by front
Net CededPremium
Ceded to Captive
owned by G.C. or
Construction Firm
Construction Firm
or
Gen’l Contractor
Claimants
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 42
CCIP captive program, with profit/loss sharing
Sub-contractor
Sub-contractor
Sub-contractor
Sub-contractor
Sub-contractor
Sub-contractor
Sub-contractor
Sub-contractor
Sub-contractor
Sub-contractor
Licensed
Fronting
Insurance
Carrier
Retained by front
Captive owned by
Construction Firm orGen. Contractor
Captive owned by
Project owner
• Multiple potential ways of providing for participation of project owners
− Project owner can use its owned captive to receive a share of the risk (and potentially, profits)
− Contractor can create a “protected cell” captive, in which project owner rents a cell that houses the underwriting results for a specific project
• Emphasizes the need for formalized financial management of programs, treating CIP as a miniature insurance company
Ceded to Multiple
Captives
LossPayments
Claimants
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 43
Putting your money where your mouth is
Captives augmenting surety capacity
Captive owned by
Construction Firm orGen. Contractor
Treasury
Listed
Surety
Company
• Captive pledges capital as reinsurer of T-Listed surety company
• Capital is leveraged at varying ratios (depending on credit quality of parent)
• Expands surety capacity available in the marketplace
• Or, use insurance carrier program that offers protection against sub-contractor default
Obligee
Obligee
Obligee
Obligee
Obligee
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 44
Should you be in the insurance business?
Identifying your differentiators:
You potentially control a significant block of insurance business
Is it better than the average for its type?
How do you know?What attributes make it better?
Sole provider? Preferred provider?
Coverage terms/conditions?
Premium pricing?
Provider of last resort?
Is your insurance facility a:
How would you attract and keep this business?
Is it currently profitable to insurers?
• What is the RoE?• Is it preferred over alternative uses of capital?
Your Comparative Advantage
Can you do consistently better at: • Preventing loss occurrences?• Handling claims efficiently?
What unique management tools do you possess that give you comparative advantage in this space?How do you maintain this advantage?
Loss LeaderAre there other strategic reasons why you would want to control this business?
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 45
Not necessarily a cash cow: Watch who you let in
CCIP management:
• Understanding information to be collected
• Avoiding adverse selection
− How can you tell who’s a good risk?
• Are subs playing games with insurance deducts?
− Are subs getting the appropriate breadth of coverage?
− Consider requiring subs to use CCIP
• Understand limitations
− Some groups/trades will never use CCIPs
− You may want to exclude some contractor types or risk classes
Claims management
• Safety inspections and regular reporting
• Onsite healthcare and first aid
• Consider using external resources to inspect/report on safety compliance
• Data data
Loss prevention/safety monitoring
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 46
Not necessarily a black box—others are watching too
CCIP management:
• Consider use of predictive analytics based on FNOL information
• Channel/triage claims response
− Get the right resources to the right claims at the right time
• Consider profit sharing with subs
• If third party claims administrator is used, establish service level agreement and monitor adherence to SLA terms
Qualification/Enrolment
• There is no “loss budget”
− Project owners are auditing CCIPs
• Use appropriate actuarial reserving techniques; think of the CCIP as an insurance company
• Allocations should not be performed haphazardly
• It takes multiple cooperating participants to make CCIPs profitable
− Therefore, don’t be surprised if those participants want to participate in the profits
• Owners and their construction auditors often misunderstand the details of CCIP
Financial management
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 48
Liability insurances typically carried by EACH contractor (regardless of tier)
Traditional Insurance - Contract Relationship
General Contractor’s
Insurance Program
Workers’ CompensationGeneral Liability Umbrella Liability
Subcontractor’s
Insurance Program
Workers’ CompensationGeneral Liability Umbrella Liability
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 49
Traditional Insurance – Risk Relationship
Owner as Additional
Insured
Indemnification & Hold
Harmless to Owner
General Contractor’s
Insurance Program
Trade Contractor
Insurance Program
Trade Contractor
Insurance Program
Indemnification & Hold
Harmless to GC/Owner
Additional Insured to
GC/Owner
Additional Insured to
GC/Owner
Indemnification & Hold
Harmless to GC/Owner
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 50
The Stages of Contractor Culture Development
CCIP Culture
Testing Water Stage
• Single site
• Is it cheaper than traditional?
• No operational changes
• Reliance on broker for support
ControlStage
• Rolling CCIP
• Operational controls established
• Broader investment into risk management staff
CommitmentStage
• Problems experienced
• Refocus internal and external commitment
• Broader commitment needed to make complete cultural changes
CaringStage
• Lean process enhanced
• Partner vs. telling
• Refined training of staff
• Risk is welcomed but managed
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 52
If you would like the opportunity to play along, please:
1. Pull out your cell phone.
2. Text “MITIGATINGRISK” to 22333 to join the session.
3. Read the question on the screen.
4. Text the letter or long-form answer associated with your chosen answer to the phone number 22333.
It’s game time.
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2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 54
2018 Engineering and Construction Conference June 20-22, 2018Copyright © 2018 Deloitte Development LLC. All rights reserved. 55
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Copyright © 2018 Deloitte Development LLC. All rights reserved.