Insight

CHALLENGES IN THE CONSTRUCTION INDUSTRY

CHALLENGES IN THE CONSTRUCTION INDUSTRY

Gary R. Pannone

Gary R. Pannone

March 11, 2021 04:09 PM

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

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

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

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

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

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

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

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

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

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

Related Articles

Changing for the Better


by Justin Smulison

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

Betting on Finance, Civil Litigation Success

A Warrior for Clients


by Best Lawyers

Michael P. Lyons stands up.

Lyons Roaring Through Complex Disputes

Trending Articles

2025 Best Lawyers Awards Announced: Honoring Outstanding Legal Professionals Across the U.S.


by Jennifer Verta

Introducing the 31st edition of The Best Lawyers in America and the fifth edition of Best Lawyers: Ones to Watch in America.

Digital map of the United States illuminated by numerous bright lights

Unveiling the 2025 Best Lawyers Awards Canada: Celebrating Legal Excellence


by Jennifer Verta

Presenting the 19th edition of The Best Lawyers in Canada and the 4th edition of Best Lawyers: Ones to Watch in Canada.

Digital map of Canadathis on illuminated by numerous bright lights

Legal Distinction on Display: 15th Edition of The Best Lawyers in France™


by Best Lawyers

The industry’s best lawyers and firms working in France are revealed in the newly released, comprehensive the 15th Edition of The Best Lawyers in France™.

French flag in front of country's outline

Announcing the 13th Edition of Best Lawyers Rankings in the United Kingdom


by Best Lawyers

Best Lawyers is proud to announce the newest edition of legal rankings in the United Kingdom, marking the 13th consecutive edition of awards in the country.

British flag in front of country's outline

Announcing the 16th Edition of the Best Lawyers in Germany Rankings


by Best Lawyers

Best Lawyers announces the 16th edition of The Best Lawyers in Germany™, featuring a unique set of rankings that highlights Germany's top legal talent.

German flag in front of country's outline

Prop 36 California 2024: California’s Path to Stricter Sentencing and Criminal Justice Reform


by Jennifer Verta

Explore how Prop 36 could shape California's sentencing laws and justice reform.

Illustrated Hands Breaking Chains Against a Bright Red Background

Celebrating Excellence in Law: 11th Edition of Best Lawyers in Italy™


by Best Lawyers

Best Lawyers announces the 11th edition of The Best Lawyers in Italy™, which features an elite list of awards showcasing Italy's current legal talent.

Italian flag in front of country's outline

Combating Nuclear Verdicts: Empirically Supported Strategies to Deflate the Effects of Anchoring Bias


by Sloan L. Abernathy

Sometimes a verdict can be the difference between amicability and nuclear level developments. But what is anchoring bias and how can strategy combat this?

Lawyer speaking in courtroom with crowd and judge in the foreground

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

Tampa Appeals Court ‘Sends Clear Message,” Ensuring School Tax Referendum Stays on Ballot


by Gregory Sirico

Hillsborough County's tax referendum is back on the 2024 ballot, promising $177 million for schools and empowering residents to decide the future of education.

Graduation cap in air surrounded by pencils and money

The Push and Pitfalls of New York’s Attempt to Expand Wrongful Death Recovery


by Elizabeth M. Midgley and V. Christopher Potenza

The New York State Legislature recently went about updating certain wrongful death provisions and how they can be carried out in the future. Here's the latest.

Red tape blocking off a section of street

Find the Best Lawyers for Your Needs


by Jennifer Verta

Discover how Best Lawyers simplifies the attorney search process.

A focused woman with dark hair wearing a green top and beige blazer, working on a tablet in a dimly

Key Developments and Trends in U.S. Commercial Litigation


by Justin Smulison

Whether it's multibillion-dollar water cleanliness verdicts or college athletes vying for the right to compensation, the state of litigation remains strong.

Basketball sits in front of stacks of money

Is Premises Liability the Same as Negligence?


by Jeremy Wilson and Taylor Rodney Marks

In today's age, we are always on the move, often inhabiting spaces we don't own. But what happens when someone else's property injures you or someone you know?

A pair of silhouetted legs falling down a hole with yellow background

Woman on a Mission


by Rebecca Blackwell

Baker Botts partner and intellectual property chair Christa Brown-Sanford discusses how she juggles work, personal life, being a mentor and leadership duties.

Woman in green dress crossing her arms and posing for headshot

Best Lawyers Celebrates Women in the Law: Ninth Edition


by Alliccia Odeyemi

Released in both print and digital form, Best Lawyers Ninth Edition of Women in the Law features stories of inspiring leadership and timely legal issues.

Lawyer in green dress stands with hands on table and cityscape in background