An Economic Perspective on Construction Procurement
The incentive problem in short-term contracting is
the main issue addressed here. This problem in construction has often been seen
from the perspective of the principal-agent problem, where the focus is on
motivating the agent and monitoring outcomes. By taking the incentive problem
as the focus of the discussion the emphasis shifts away from the relationship
between the principal and the agent, which is well understood, to the effort a
contractor will make to minimise costs or improve performance. This aspect of
principal-agent relations has been a major theme in labour economics, the
economics of regulation and elsewhere.
The process of procurement has a number of side
effects. While the intention is to purchase, the method determines outcomes.
For building and construction projects the method generally used is a form of
auction, typically a common-values low bid auction, where bidder costs are the
same or similar and the project is awarded to the lowest bidder. This process
has all the characteristics of economic models of one period contracts in
short-term contracting under information asymmetry. It is also the case that
the major public and private sector clients are repeat clients as they
regularly bring projects to the market, and this is equivalent to the two
periods in models of regulation
Here some of the insights into the behaviour of
suppliers or contractors from the economics of regulation is applied to
construction contracting. The approach is interesting because it is now
generally accepted that procurement can be treated as a subset of regulation,
following the model developed by Laffont and Tirole, which treats regulation as
a principal-agent problem, with the government as regulator the principal, and
the regulated firm (in fact its manager) as the agent. The regulator can
observe realized production costs, but not how much effort the firm puts into
cost-reduction (a post-contractual hidden effort problem). Importantly, the
firm knows more about cost-reducing technology than the regulator (a
pre-contractual hidden information problem).
In their model there are two types of firms: low
effort firms will not try very hard to reduce their production costs, while
high effort firms will be very responsive to cost reduction incentives. Therefore
the problem is modeled as one of information asymmetry, with the focus on
discovering the manager’s type, whether they are a high-effort Type 1 or a
low-effort Type 2.
The first type responds to contractual incentives
while the second does not, so the principal can use incentives to induce more
information revelation from the agent, i.e. to get the agent to disclose
whether they are a Type 1 or Type 2 manager, and the regulator can make
transfers to the firm. Such transfers are clearly necessary in the case of
procurement, where the principal/client pays the firm/contractor for work
performed under a contract to supply goods and/or services.
In this context what is called the commitment
problem arises, because the optimum outcome possible in the first period, or
round of tenders, cannot be repeated twice. The problem turns on the existence
of asymmetric information. In each of the two periods the government/regulator
wants to procure a public good, and if they could credibly commit to a long-run
(two-period) contract the optimal two period outcome would be the same as the one-period
optimum twice. They call this the perfect commitment outcome. The
perfect commitment outcome requires credible commitment to a long-run contract.
If the regulator cannot make credible long-run
commitments, long-run contracts are ruled out. With the regulator unable to
write a long-run contract with the regulated firm, it has instead to govern the
relationship by a sequence of short-run (one-period) contracts.
This gives rise to what is known as the ratchet
effect, an outcome of the regulated firm’s unwillingness
to reveal whether it is a Type 1 or Type 2 firm in the first period, because
that would mean the regulator no longer faces asymmetric information, and allow
the regulator to take any gains by the firm from, for example, cost reductions
that might be the result of the firm’s efforts or use of new technology.
Laffont and Tirole proved that after period 1
the regulator will in general not know the firm’s true type. Intuitively, the
ratchet effect implies that information unfolds slowly, as the manager tries to
protect his information rents by not revealing his true type. Thus the ratchet
effect happens when an agent works hard and shows a good result, but the
principal then may demand an even better result in the future. Anticipating
this, the rational agent has little incentive to work hard in the first place,
and this tendency for performance standards to increase after a period of good
performance is called the ratchet effect.
Early formal models of ratchet
effects emerged in the 1980s, and ratchet effects were predicted in specific
informational and contractual environments where hidden action and hidden
information must be present, and the parties must be in a repeated relationship
yielding some quasi-rents to both where binding multi-period agreements are not
feasible.
How does this apply to building and construction?
Is it likely that construction contractors respond
to clients’ requests for bids by attempting to preserve hidden information? Is
it possible they will not want to reveal themselves as a Type 1 cost-minimising
firm? There seems to be three reasons.
Firstly, it reduces competition to a
straightforward shootout on price, but because all tenderers have similar costs
this is just a decision on margin, based on current and expected workload. Therefore
the competition in any given tender is likely to be driven as much by
contractors’ workload considerations as their estimated cost of the project.
Even without cartel arrangements this is a form of managed competition, whereby
the tenderers will not deviate too far from the client’s expected cost for the
project, which will also be similar to industry estimates, thus avoiding
revelation of a significant cost advantage on one project that might jeopardise
margins on future projects.
Secondly, it allows for gradual improvements in
productivity and efficiency, which are neither disruptive nor expensive to
contractors, but will deliver a windfall gain to the contractor if a project
comes in well under budget or schedule, which may be the result of some
innovation by the contractor. This gain will, of course, be hidden from the
client and from competitors as much as possible.
This suggests that there might be many cost
reducing innovations available to contractors at any time, but the pressure to
apply them will be muted by market conditions and a contractor’s appreciation
of competitors’ likelihood of using them. Innovation is used here as a broad
term that covers any and all product and process developments that can reduce
final construction costs. There are costs and risks associated with innovation,
so it is in the interests of all bidders to minimise these costs to themselves.
Thirdly, the winning bidder will always have the
option of revealing themselves to be a Type 1 firm, if for some reason they
want to. There will usually be some innovation available that will reduce
project costs, but will be costly (i.e. require upfront investment) to the
contractor. Thus the success of many major contractors in winning repeat work
through negotiation rather than tendering is explained. By pushing the innovation
boundary to reduce costs on the period 1 project the contractor gets the period
two project without tendering costs at the new level of the client’s price
expectation. (This does not exclude more traditional methods of cost reduction
such as cash farming or subcontractor oppression of course).
The general argument made here is that the ratchet
effect in the procurement process used in building and construction (typically auctions
of single projects) will limit cost reductions from productivity and efficiency
gains by contractors and subcontractors. This is an outcome of the
unwillingness of bidders to reveal their hidden knowledge to clients, who will
then expect future performance at the improved level. This is because clients
typically only offer a single project at a time, or sometimes a bundle of
projects, instead of sequences of projects. Thus short term contracting under
information asymmetry.