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International Construction Law Review

ALLOCATION OF RISK IN MAJOR INFRASTRUCTURE PROJECTS—WHY DO WE GET IT SO WRONG?

CHARLES C MACDONALD*

BSc, MSc, MBA, CPEng, MICE, MIHT, MIEAust, RPEQ

INTRODUCTION

Reference to any text on risk allocation will inevitably uncover the principle that “the risks in a project should be apportioned to those stakeholders who can best manage them”. It seems that this maxim is universally recognised but sadly not always practised. Why should this be so?
Whilst many advances have taken place in the last 20 years in the development of alternative delivery models for major infrastructure projects, the manner in which risk allocation, as opposed to risk management, has been addressed has not genuinely advanced. In fact the view can be formed that in major projects the allocation of risk is even less equitable than in the “dark ages” of the past.
Public clients, private clients and particularly financial institutions, which are increasingly closely involved in major infrastructure projects, are seemingly becoming more risk averse and often require constructors and designers to assume far more risk than the principle stated above would suggest.
The author subscribes to the view that in the often complex environment of new contracting arrangements, it is vital that the project parties put in place arrangements which promote a fair and equitable management of risk and that in turn provides better value to all parties.

RISK MANAGEMENT PRINCIPLES

Davis Langdon1 provides some useful observations regarding the benefits of the risk management and associated value management techniques.
Risk Management —The nature and extent of risk changes as a project proceeds. For instance, 65 per cent of the total project cost is determined during the initiation phase, which involves only 5 per cent of the actual expenditure. New risks emerge as a project progresses and existing risks may change in importance or be reallocated.


[2001
The International Construction Law Review

346

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