10th Edition A new normal for a new decade - Deloitte GCC Powers of Construction 2020
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10th Edition| Deloitte GCC Powers of Construction 2020 We have become accustomed to living in a time of constant change, with the Fourth Industrial Revolution having completely transformed the way business is being done across countries. Yet no one could have predicted the impact that the coronavirus (COVID-19) could have had in such a short amount of time. In a matter of a few short months, entire countries have been on full or partial lockdowns, closed off borders, stopped all non-essential businesses, entire industries have been severely impacted, including air travel, tourism, trade, and food and beverage with some stating that recovery would take years to reach pre-coronavirus times. Yet as many businesses deal with the “respond” phase of the COVID-19 crisis, others have reached the “recover” phase, and some are even looking to enter the “thrive” phase. It will be interesting to see the impact of COVID-19 in the next few weeks, months and years on these sectors. This thought leadership publication has been written to reflect the situation at the time of publishing, with the caveat that times are fast-changing and unprecedented, which could render the information provided in this report inaccurate or no longer applicable. 02
10th Edition| Deloitte GCC Powers of Construction 2020 Foreword We are pleased to present our 10th annual establish mechanisms and procedures contracts, with the goal of attaining edition of the Deloitte GCC Powers of to prioritise cash disbursements and standardized Construction contracts that Construction publication, and what changes understand the contractual implications. fairly balance the risk and reward between we have witnessed in these 10 years. Our the employer and the contractor, and, as a publication aims to analyze current trends As the regional Construction industry moves result, reduce the extent of cost overruns and provides insights into the marketplace. into the Recover phase, it is essential to adopt which benefits the developers and the This edition draws on data and opinions a strategic view. Here, the focus should be contractors and eliminates unnecessary from external sources, as well as leveraging on the effective execution of projects and overspend which is otherwise called waste. Deloitte Middle East expertise. payments to contractors being made in a timely manner to ensure the much-needed Going forward, the importance of tech to the Like all sectors across the world, liquidity to complete the projects under sector has never been greater. Not only does Construction has not been immune to the execution. An equal focus should be placed tech – such as drones, robotic Construction impact of the global COVID-19 pandemic. on resolving any long-overdue unapproved processes and AI - deliver advantages in Already, pre-COVID-19, the Construction claims and variations, which continue to terms of driving cost optimization, but it can industry in the region was facing several disrupt cash flow and project progress which also help to minimize other risks associated challenges including low margins, increased ultimately impacts the overall cost of the with any second wave of COVID-19 or future competition, significant delays in projects asset being built. pandemics. as well as a significant volume of change orders and lower awards in projects despite Amid the pandemic, future projections have Longer term, in addition to working towards significant plans in the GCC to invest in been revised, with recent industry forecasts building long-term enhancements to cash infrastructure and capital projects, all leading indicating that approximately US$83 billion flow management and contractual terms and to significant pressure on liquidity. With the worth of contracts could potentially be conditions, Construction companies should additional challenges posed by COVID-19, awarded this year across the region, a be seeking to establish a better foundation contractors’ liquidity circumstances have reduction from the original project award for the future through creating a new level been exacerbated as most organizations forecast of US$127bn. However, if the current of engagement and collaboration with turned to cash preservation measures, which rate of project awards were to continue to employers for the overall benefit of the wider resulted in further delays of payments to the end of the year, then estimates indicate economy. contractors and their supply chain. that approximately US$61 billion worth of contracts could be signed, representing a fall We hope that this 2020 edition of the Deloitte The Construction industry’s response to of 52% on the original forecast project award GCC Powers of Construction provides you COVID-19 went through the three distinct prediction1. Such a scenario would continue with in depth insights on how the industry phases of Respond, Recover and Thrive. to add pressure across the industry, with can come together in this ‘new normal’ to In the early Respond phase, the industry’s further potential repercussions felt across create a future in which everyone thrives and natural focus turned to ways to effectively the supply chain. waste is eliminated and capital projects are and safely execute projects at the pace built at a cost that is both reasonable and and scale required to minimize social and As stakeholders grapple with the ‘new economically viable. economic damage and to contain costs while normal’ that COVID-19 has presented, they focusing on cash preservation. This called for also face an opportunity to rethink the Cynthia Corby – Partner and Regional an emphasis on cash flow visibility by project way they used to work and discover new Construction Industry Leader, Deloitte and at an organisational level and scenario opportunities to change the status quo Middle East planning, quantifying the impact of COVID-19 collectively. This should be addressed in on project costs and cash flows, and applying the Thrive phase. High on the agenda will short-term measures to reduce costs and be creating enhancements to Construction 1. MEED (Middle East business intelligence) Coronavirus Executive Brief (17 June 2020) 03
10th Edition| Deloitte GCC Powers of Construction 2020 Contents 06 10 13 17 The GCC Projects Middle East Real Estate Construction industry Financing contractors market outlook performance survey: the Chief through crisis and beyond Executives’ view in the pre & post COVID-19 business environment 19 22 25 28 Renegotiating Unlocking Shaping the future Digital Capital Projects: Construction Contracts Project liquidity reducing the risk of for COVID-19 cost overruns by taking back control of data and transforming project reporting 31 33 37 40 Waste is suffocating the Reducing the cost of capital How to be clever about Constructing the future Construction industry projects smart design of Saudi Arabia 04
10th Edition| Deloitte GCC Powers of Construction 2020 43 46 49 52 China’s Belt and Road Adaptability: the key The next steps for VAT and the Construction Initiative and the to truly sustainable, the Kingdom of Industry: Deconstructing Middle East: aspiring future-proof cities Saudi Arabia and the key VAT issues towards a win-win impact of the Public partnership Investment Fund 05
10th Edition| Deloitte GCC Powers of Construction 2020 The GCC Construction industry has Total MENA Contract Awards, April 2015-20 ($m) weathered a number of storms through the years. The events and aftermath of 9/11, the 18,000 real estate crash of 2008/09, and the halving 16,000 of oil prices in 2014 all had a dramatic 14,000 impact on the market and its fundamental 12,000 dynamics. 10,000 8,000 Yet, arguably nothing has come close to the 6,000 recent double whammy of the COVID-19 4,000 pandemic and collapsing oil prices. 2,000 Combined, the two sudden events threaten 0 to completely alter the market’s outlook and 2015 2016 2017 2018 2019 2020 create a whole set of new challenges for Source: MEED Projects project companies to overcome. The latest data speaks for itself. In April, the first full month of the coronavirus impact, just $4.1bn worth of contracts were awarded in the GCC, close to 40% Known GCC projects delayed, suspended or cancelled due to COVID-19 lower than the $6.2bn worth of contracts in the same month last year, according to 350 45,000 the MEED Projects tracking service (www. 300 40,000 meedprojects.com). The wider MENA region 250 35,000 as a whole, recorded a slightly steeper 25,000 200 decline of 42% year-on-year as clients held 20,000 off on awarding new deals in the face of 150 15,000 such uncertainty. 100 10,000 50 5,000 Similarly, there has been a sharp rise in 0 0 projects either under execution or planned that are being put on hold or even cancelled Bahrain Kuwait Oman Qatar Saudi Arabia UAE as a result of deteriorating conditions. More Number of projects impacted Value of projects impacted ($m) than 550 projects, worth over $60bn, are Source: MEED Projects known to have been suspended or delayed since 1 March in the GCC alone as clients take stock of the situation. These figures include close to 15% of all Known GCC projects delayed, suspended or cancelled due to COVID-19 by sector active water projects, totaling $9bn, and more than 11% of all transport projects, 250 30,000 5.0 worth more than $23bn. Conversely, some 11.7 25,000 200 sectors appear more immune to short-term delays and postponements; only 2.5% of oil 20,000 150 7.4 schemes have been impacted, for instance. 15,000 100 14.4 10,000 Saudi Arabia has been the worst hit GCC 2.5 4.5 state with just under 300 projects put on 50 4.5 5,000 3.8 hold, followed by the UAE with 115 pending 0 0 projects. However, it should be noted that both countries have proportionally a Chemical Industrial Oil Gas Power Water Transport Construction much larger number of projects than their Number of projects impacted Value of projects impacted ($m) = % of active projects neighbours. Source: MEED Projects 07
10th Edition| Deloitte GCC Powers of Construction 2020 As the market slows, project companies The result of these cutbacks is likely to be adjust their spending habits. For instance, now face two distinct challenges. In the a sharp fall in the expected value of work when announcing Emirates Airline results immediate short term, they have to adhere awarded in 2020. MEED Projects at the on 10 May, Group Chairman Sheikh Ahmed to contracts and maintain Construction start of the year forecasted the total value bin Saeed al-Maktoum said that he did not output while at the same time meeting the of projects to be awarded in 2020 at about see air travel returning to normal for at least requirements for social distancing among $127bn. This was about $22bn up on the another 18 months. staff and transporting them to and from site. 2019 total of $105bn1. The economic slump that follows the In parallel, there is anecdotal evidence However, COVID-19 has necessitated a pandemic is set to compound the situation. of payments slowing and cashflow revision of the original forecast. MEED The UAE, for example, with its majority deteriorating, while falling building material Projects now predicts that if the pandemic expatriate population, may actually production also threatens to disrupt project results in a three-month lockdown of experience depopulation as people schedules as the availability of key supplies economic activity, forecast spending for the lose their jobs and return to their home like mortar, brick and plasterboard becomes year will instead reach $107bn, about 15% countries. In this scenario, it is hard to more limited. down on the initial $127bn forecast. If the see anything but a further contraction in virus were to have a longer lasting six-month property prices and consumer spending in Beyond these immediate operational economic impact, then the forecast is for the region. issues, firms have to face up to the potential just $87bn work of contracts awarded. of a shrinking market as plummeting This would mark the worst projects market Equally uncertain is the future of crude oil. crude prices and declining output compel performance for the GCC in at least a As with other sectors, the oil industry could authorities to pare down expenditure. For generation. potentially emerge from its current crisis example, Dubai’s Department of Finance in a very different guise. It will undoubtedly in early April told all government agencies While this year’s spending outlook is now recover some of its recent price falls as to cut capital spending by 50%, delay bleak, it may only be the start of a prolonged demand recovers. But no one can claim with new projects, and reduce spending on downturn. any certainty that it will definitely reach $50 ongoing construction projects, according to a barrel anytime soon let alone the $70-plus Bloomberg. Beyond the immediate issue of cutting back most economies in MENA require to balance on capital expenditure, all of the six GCC their books. Some have already acted. On The same month in neighbouring Abu nations are revising their long-term visions 10 May, Saudi Arabia took the dramatic step Dhabi, MEED reported that Adnoc asked its to reflect what may be a very different world of tripling VAT to 15% while simultaneously suppliers and contractors for “cost savings”, once the pandemic has passed. removing a cost of living allowance for public and canceled $1.6bn worth of contracts on sector employees. The move was made to its Dalma field development project just For a start, it is becoming apparent that help cover a potential budget deficit of more three weeks after their signing. some sectors and industries, such as than SR200bn as crude revenues slump. aviation, retail and tourism, may inexorably Oman’s state-run companies were told change or at the very least take years to Others have acted less overtly but with the to cut expenditure by 10% and to stop return to their pre-virus norm as people same intent. The UAE’s Prime Minister and the implementation of all new projects, according to Reuters, while Bahrain went further and insisted on a 30% cut in costs. Forecast projects spending 2020, GCC ($m) Qatar said it was going to postpone some $8.2bn of un-awarded capital projects in its 140,000 7 April bond prospectus. 120,000 100,000 In Saudi Arabia, the region’s largest projects 80,000 market, Finance Minister Mohammed Al-Jadaan warned in an interview with 60,000 Bloomberg in early May that some projects 40,000 under the Kingdom’s Vision 2030 will be 20,000 “postponed and extended to next year and 0 to the year after”. Media reports on 12 May Bahrain Kuwait Oman Qatar Saudi Arabia UAE Total suggested Riyadh was planning some $8bn in cuts to projects in 2020. 2019 Actual Original 2020 forecast Revised 2020 forecast (3 month lockdown) Revised 2020 forecast (6 month lockdown) Source: MEED Projects 1. It is worth noting that this 17% increase was based in part on approximately $20bn of exceptional contract awards on the Qatar LNG expansion program. Without this one-off item, spending would have been more or less flat year-on-year. 08
10th Edition| Deloitte GCC Powers of Construction 2020 Dubai Ruler Sheikh Mohammed bin Rashed al-Maktoum in May challenged his cabinet From a new market perspective, Sub- Saharan Africa states represent a growing Saudi Arabia has in a three-day meeting titled “Preparations for the post-coronavirus, COVID-19, period,” opportunity, given their infrastructure requirements and high economic growth. been the worst hit urging it to adopt new ideas and stating “our national priorities need to be reviewed to But targeting new countries is both costly and risky, and rewards are not GCC state with just cope with the post-COVID-19 world.” guaranteed. A case in point is Egypt. While under 300 projects the construction market in the country Faced with lower client expenditure is booming thanks to high population put on hold, followed by the UAE with and a radically changing economy, firms growth, it is difficult to access because local dependent on projects spending cannot firms are so well entrenched and highly afford to stand still. competitive. International companies wishing to enter the market would need to with 115 pending For an industry that was already struggling under declining project activity, cashflow and have a compelling proposition in order to be successful. projects. However, payment issues, decreasing margins and increased competition, many companies Finally, it is always worth remembering that it should be noted now face an existential challenge. Those the future pipeline of projects in the region that both countries that embrace innovation and technology will remains considerable. At more than $2.5 be better equipped to prosper in this new trillion, even if the pipeline were to halve, it have proportionally a much larger number environment. would still represent a very sizeable market opportunity. Many have already adapted by trimming workforces and adopting more efficient And what COVID-19 and the oil price fall of projects than their processes. Investments in new and emerging construction technologies, such as have done is served to focus minds on the need to accelerate economic diversification neighbours. BIM, 3D printing, Big Data, digital twinning, and movements toward each country’s and the Internet of Things (IoT), can help national vision. From that at least many speed up development and reduce costs. major new opportunities will emerge. The companies which can pre-empt and grasp In parallel, companies have also followed these changes will be those that will be more traditional approaches, such as best-positioned to face the challenges diversifying into more resilient sectors of ahead. the market and entering new geographies. Solar power, water and wastewater by Ed James – Director of Content & Analysis infrastructure, and offsite modular at MEED Projects construction are good examples of sectors to have bucked the trend and witnessed strong growth in the past half-decade. Value of planned and un-awarded GCC projects ($m) 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 Bahrain Kuwait Oman Qatar Saudi Arabia United Arab Emirates Source: MEED Projects 09
10th Edition| Deloitte GCC Powers of Construction 2020 Dubai Residential sales price index for Dubai, Jan 2003 to Jan 2020 350 Real Estate sector performance in Dubai 300 continued to be impacted by oversupply in 2019, which resulted in falling capital and 250 rental values, particularly in the residential sector of the city. Meanwhile, COVID-19 has 200 caused significant disruption across all Real 150 Estate sectors and the magnitude of the impact due to travel restrictions and lockdown 100 measures will depend on the shape and pace of recovery. 50 0 The average sales price for residential Jan-03 Jan-04 Jan-05 Jan-06 Jan-07 Jan-08 Jan-09 Jan-10 Jan-11 Jan-12 Jan-13 Jan-14 Jan-15 Jan-16 Jan-17 Jan-18 Jan-19 Jan-20 property across Dubai declined by approximately 7 percent between Q3 2018 Source: Reidin and Q3 20191. Meanwhile, increasing supply also impacted rents, which declined by approximately 9 percent over the same period. Q. Which asset class in Dubai has the most potential in 2020? Notably, the UAE government put in place certain initiatives, such as the Higher Industrial 75% Committee for Real Estate which was formed /Logistic in September 2019 and aimed at mitigating Hospitality 15% the imbalance in supply and demand in the medium term. Meanwhile, Dubai has become Residential 4% more affordable to a wider audience and the key to success will be translating this into sales and lettings and permanent residence Office 4% opportunities. Retail 1% In 2019, Dubai continued to retain its position as one of the most attractive tourism 0% 20% 40% 60% 80% 100% destinations in the world, in terms of the total Percentage respondents number of international overnight visitors. Source: Deloitte 2020 Real Estate Predictions Survey However, average daily rates (ADRs) and occupancy rates experienced downward pressure from increasing supply and minimal Real Estate sector performance in Dubai demand growth. continued to be impacted by oversupply in For commercial assets, oversupply in select locations and a limited number of new 2019, which resulted in falling capital and occupiers were among the key factors for sluggish activity in 2019. The primary demand rental values, particularly in the residential was for Grade A properties, such as DIFC. sector. Meanwhile, COVID-19 has caused Looking forward, the outlook for the Real significant disruption across all Real Estate Estate sector is tied to macro-economic factors and to related recovery measures for sectors and the magnitude of the impact businesses from COVID-19, including actions from the Central Bank and policy makers. It due to travel restrictions and lockdown remains to be seen whether the pandemic will result in structural shifts in the real estate measures will depend on the shape and sector2. pace of recovery. 11
10th Edition| Deloitte GCC Powers of Construction 2020 Kingdom of Saudi Arabia (KSA) Diversification efforts, social reforms This additional supply is expected to Approximately 7,600 keys are expected and government-led investments in exert further downward pressure on to be completed by 2021, representing Infrastructure, Entertainment and the both occupancy rates and ADR as supply a 60 percent increase to existing supply, Tourism sector will be key to the Real Estate continues to outstrip demand, which has although some projects may face delays or sector’s recovery and growth in the long been severely impacted by the COVID-19 suspensions. term. outbreak and counteracting measures. Makkah Market performance3 The announced infrastructure developments Occupancy rates in Makkah increased by 10 and the dramatic transformation in the percent year-on-year to reach 68 percent in Riyadh Entertainment and Leisure sectors are the first half of 2019. However, the supply Average occupancy levels in Riyadh rose by expected to help diversify the city’s tourist increase continued to exert pressure on 5 percent in the first half of 2019 compared base and increase demand within these ADR, which declined by 8 percent over the to the same period in 2018. However, sectors in the long term. same period. This resulted in an increase of increasing supply and competition led to 1 percent in RevPAR. declines in average daily rates (ADR) by 10 Jeddah percent over the same period. This resulted Occupancy levels remained stable in Jeddah Approximately 1,489 keys were delivered in an overall decline in revenue per available during 2019, but increasing supply and during the first half of 2019, including room (RevPAR) by 6 percent. competition continued to drive reductions Millennium Makkah Al Naseem and the in ADR and consequently RevPAR. The latter Doubletree By Hilton Makkah Jabal Omar. An Approximately 850 new keys were handed declined by approximately 11 percent in additional 20,100 keys are expected to be over in Riyadh during the first half of 2019, the first half of 2019, compared to the same delivered until 2021, mainly located in bringing existing stock to 14,874 keys. This period last year. proximity to Al Masjid Al Haram. included key offerings such as the Marriott Hotel and Marriott Executive Apartments During the first half of 2019 approximately by Oliver Morgan – Director, Head of Real Riyadh Diplomatic Quarter. 556 keys were handed over in Jeddah, which Estate Development, Deloitte Middle East, included Adagio Aparthotel Jeddah Malik Dunia Joulani – Head of Travel, Hospitality Approximately 4,500 additional keys Road and Ibis Jeddah Malik Road. and Leisure, Deloitte Middle East, Manika are scheduled to be completed by 2021, Dhama – Assistant Director, Real Estate assuming there are no project delays or Development, Deloitte Middle East suspensions. International overnight visitor spending, global top five destinations, 2018 Diversification 30.02 19.82 19.84 18.28 18.62 efforts, social reforms and Visitor spend (US$bn) government-led investments in Infrastructure, Entertainment and the Tourism sector Dubai Makkah London Singapore Bangkok will be key to the Real Estate sector’s Source: Mastercard Global Destination Cities Index recovery and growth 1. Reidin, Q3 2018 vs 2019 YOY average sales prices. 2. Deloitte Dubai Real Estate Predictions 2020, a survey of 100 leading investors and developers in the long term. 3. Data from STR 12
10th Edition| Deloitte GCC Powers of Construction 2020 Construction industry survey: the Chief Executives’ view in the pre & post COVID-19 business environment 13
10th Edition| Deloitte GCC Powers of Construction 2020 Deloitte conducted two surveys of Chief disruption to global supply chains and work sector has continued to be cautious Executives from the GCC Construction delays, all amounting to an increased cost with new Construction awards, in light industry. The initial survey, conducted in on these projects, and further deterioration of economic and geopolitical pressures. early 2020, was to gain insight into market of liquidity and cash flow. Almost half of the Consequently, there was a downturn in sentiments on a range of topical issues respondents have experienced a delay or optimism among respondents about future impacting the construction industry across termination of works, or have had to notify awards. the GCC region. We then conducted a employers under the force majeure/change follow-up survey in June 2020, to reflect on of law clause in their contracts in an attempt Prior to the pandemic, 33% of the how these sentiments have changed as a to recover these additional costs and respondents were optimistic about their result of the COVID-19 pandemic. protect themselves from potential liquidated future financial prospects relative to the damages. preceding 12 months. This compares with Even prior to the pandemic, respondents 56% of respondents in 2018 who were more had a grim outlook on their businesses’ To counter these challenges and alleviate optimistic about the future. It comes as no future financial prospects relative to some of the liquidity pressures, businesses surprise that the pandemic has eroded this the preceding 12 months. The added in the sector are implementing self-help already declining optimism with oil prices at uncertainty of the pandemic world has measures. All respondents confirmed the level they are. further impacted sentiment among the that their business took some action in respondents. a bid to ensure business continuity and Cash deprivation cash preservation, with some businesses Consistent with prior years, the majority The outlook on future financial prospects implementing more than one measure; 31% (2019/2020: 87%, 2018: 72%) of respondents was driven primarily by external market of respondents implemented temporary or believe that there is greater pressure on drivers, such as the global and local permanent salary reductions, 31% reduced contractors to help fund projects due to economy, increased competition, and headcount, and 38% implemented a delays in payments. During 2019/2020, 28% increased pressure on liquidity. reduction in both salary and headcount. of respondents have seen increases in their bank borrowings to fund the Construction The following is a summary of the key of ongoing projects. findings. The need for additional funding can be The impact of the pandemic on GCC attributed to the growing cash conversion construction cycle for contractors, i.e. the time taken 31% The pandemic has drastically impacted from when work is performed on site to the future outlook on financial metrics of being certified and then being paid the cash. companies around the globe, and the GCC To determine the average cash conversion 38% construction sector is no exception. The cycle of contractors in the region, we asked respondents expect that their key financial respondents about the average time for metrics will perform negatively in the conversion of ‘work done (uncertified WIP) to coming 12 months, as would be expected receivables’ and the average ‘collection time in such unprecedented times. Decreases of receivables’ once certified. On average in are expected in revenue, operating margins, 2019 it took 35 days longer than in 2018 to 31% operating cash flow and hiring, along receive payments for work done, with this with increases in average receivable days, increasing substantially in 2020 by a further uncertified work in progress (WIP) days, and 73 days as result of the pandemic. This has bank borrowings. Salary reductions left contractors having to fund a further Headcount reduction 108 days of working capital compared to 18 In addition to the impact on financial Both months ago, with the cash conversion cycle metrics, the sector has also encountered Figure 1: Self-help measures implemented by business in the now averaging at approximately 1 year for significant operational issues in its battle construction sector in-progress contractual cashflows. against the pandemic. The industry Optimism downturn was deemed ‘key’ in many jurisdictions The Construction market was challenging It should be noted that the above collection and largely continued to operate during for many contractors even prior to the timeframe assumes there were no legal/ the various lockdowns enforced by pandemic. During 2019, oil prices remained contractual disputes. Respondents governments to contain the spread of the at a standstill with no clear signs of recovery, indicated that when there is a dispute pandemic. However, many businesses have thus weakening economic growth in the with the employer, the collection period faced operational challenges including GCC. This continued to have an impact on is substantially longer, and this further labor productivity, surplus labor, health the timing of the award of Government increases the financing requirements of the & safety challenges for onsite personnel, construction projects. Similarly, the private business. 14
10th Edition| Deloitte GCC Powers of Construction 2020 Contractual disputes 80% When asked if the level of contractual 70% dispute activity had increased over the 60% past 18 months, either in terms of number 50% of disputes or the value of those disputes, 40% 40% (2018: 61%) of respondents agreed. 30% 20% Given the dispute activity, contractors still 10% 0 feel they have little choice but to enter into dispute resolution proceedings to recover 2015 2016 2018 2019 2020 their costs. Approximately 80% (2018: 83%) of respondents are currently involved Optimism Average oil prices in some form of contractual dispute, whether due to unapproved variations, Figure 2: % of respondents optimistic about future financial prospects correlated to average oil prices (in US dollars per barrel) contractual claims, project cancellation or Average oil price source: https://www.statista.com/statistics/262858/change-in-opec-crude-oil-prices-since-1960/ other reasons, with 60% of respondents not recognizing any revenue associated with these disputes until they are resolved. This therefore negatively impacts their performance for their financial year as all 2016 83 days 85 days 168 days the contract costs need to be recognized against no revenue, given the uncertainty 2018 114 days 129 days 243 days of the revenue. 2019 179 days 99 days 278 days Dispute resolution Based on the survey results, the average 2020 216 days 135 days 351 days dispute resolution time appears to have increased by almost four months (2019: 35 months, 2018: 31 months). 0 50 100 150 200 250 300 350 400 These are significant timeframes when considering that the contractor (and the WIP to receivables Receivables to cash employer) will be incurring additional Figure 3: Average time taken to receive payments for work done legal and professional advisor fees during the dispute resolution process, further impacting margins and cash flows and putting further pressure on funding 2016 748 days requirements. 2018 923 days The majority of respondents believe that the pandemic has caused further unknown 2019 1056 days delays to the current dispute resolution process. It is too early to able to estimate Figure 4: Average time to resolve contractual disputes the extent to which the dispute resolution time will increase, but any additional delays to this already protracted process are likely to strain contractor resources even further. Financing availability There is increasing pressure on contractors to help fund projects during construction, which is primarily due to the increasing cash conversion cycle (currently averaging at approximately one year) and dispute resolution time (currently averaging at approximately three years). As a result, similar to prior years, the majority (2019: 15
10th Edition| Deloitte GCC Powers of Construction 2020 87%, 2018: 76%) of respondents are ways, including but not limited to delayed When respondents were asked when experiencing greater pressure to fund repayments on loans and an increase in activity is expected to rebound for the projects relative to 12 months ago. the availability of credit facilities. When construction sector, 76% believe this will respondents were asked if they have not be earlier than Q1 2021, with half of Given the increased need to fund projects, been able to access any of the stimulus these expecting it to take even longer. respondents were asked about their measures introduced by their respective experiences regarding availability of Central Bank, only 15% said yes, while the However, with a future rebound, 70% of finance. Based on the survey results of remainder were either not able to access respondents believe that the pandemic will 2019/2020, there was an improvement in or not aware of how they could access the give the sector the much-needed push to the availability of finance to contractors, relief announced. reshape the GCC Construction industry. with only 20% of respondents finding it hard to get financing for their business, Future outlook Note to reader: This was a “pulse survey” compared to 33% in 2018. Given the continuing challenging conducted to ascertain the views of C-Suite environment for the construction sector industry leaders. It is not, nor is it intended In these unprecedented times and and the unprecedented challenges that to be, scientific in its number of challenging business environments, the contractors are experiencing as we respondents, selection of respondents, or GCC governments have taken rapid and emerge into a new post-pandemic world, response significant actions to support businesses it becomes even more important for rate. which are impacted by the pandemic contractors to efficiently manage cash flow. through the introduction of stimulus by Jaimi Raikundalia – Audit Partner, packages. These packages were designed Deloitte Middle East, Pavan Kumar – Audit to offer relief to businesses in a variety of Manager, Deloitte Middle East Even prior to the pandemic, respondents had a grim outlook on their businesses’ future financial prospects relative to the preceding 12 months. The added uncertainty in the new pandemic world has further decreased optimism among the respondents. 16
10th Edition| Deloitte GCC Powers of Construction 2020 Financing contractors through crisis and beyond 17
10th Edition| Deloitte GCC Powers of Construction 2020 The social and economic disruption caused negatively affected the viability of so many Under this model, banks will make sure to by the coronavirus (COVID-19) outbreak will contractors during these difficult cycles. extend all possible support to allow the shape the UAE construction industry for project to complete, which will result in the years to come. There are segments that are While the industry has a lot to address, one return of the performance guarantees and stressed simply because of their dependency observation lenders focused on during the rundown of exposure. Banks will support on either labor or imports at a time where financial crises of 2008 and the existing project financing if the source of repayment movement is an issue! Everyone is still figuring pandemic is, “Contractors who ring-fence the is secure and identified; they will support out what the real medium term impact of cashflows of their projects are likely to fare more if payment is assigned to the bank COVID-19 is, and how to approach it. The better and raise finance for those projects and paid into the project ring-fenced bank extent of its impact can be mitigated by faster”. That’s where the “contracting finance account. accelerating long-overdue reforms to the way model”, a term used by lending banks, comes the Construction industry operates. into the picture. This arrangement also helps contractors and their finance teams to maintain the It is imperative for the region’s Construction The model is dependent on the “What”: discipline of ring-fencing projects cashflows industry to lead the world in terms of quality, and avoiding the malaise of using a specific productivity and safety. In the UAE alone, • Initial project cashflow project’s funds to shore up other struggling there are major projects planned, so there is projects, which ultimately leads to failure. clearly a lot at stake here. Then, there is the • Project execution plan When the cashflows reduce these projects heightened scrutiny of the value of public suffer tremendously due to a shortage of sector spending, where every Dirham spent • Legal contract defining scope, time, cost and new inflows to cover the earlier withdrawals now needs to deliver value. This is increasingly responsibilities outside the project cashflow. apparent in the region’s Projects sector, where late delivery and greater-than-expected costs Once the “What” is analyzed, “the How” Therefore, it is an ecosystem that needs are draining large sums of money. Technology is assessed for the required financing to exist if we are to protect and enhance would be one area that can provide a instruments and these will be structured the performance of this crucial industry. solution for the many challenges faced by around: All parties need to realize that no one the Construction industry in the region. In can operate in isolation, and a failure by essence, UAE’s Construction companies need • Contractual warranties that need to be any party to uphold their contractual to better plan their long-term investments to provided by the contractor (performance, responsibility will result in a failure of the sustain the transition towards a technology- advance payment and retention bank project. driven Construction landscape, however, first guarantees) there needs to be a change in mindset! Where do we go from here…? • Procurement requirements, be it materials However, first there or equipment (documentary credit) Now is the time to set this discipline to ring- fence each projects cashflows and work needs to be a change • Temporary cashflow deficits, which arise with the industry to facilitate, and maybe due to the timing of incurring cost and the mandate, the assignment of project proceeds in mindset! receipt of payment from the project owner to the bank that is issuing the performance as per the terms of the contract (short term guarantees. It is also time for us to reconsider This change in mindset goes down to the loans or overdrafts) what burdens we place on the contractor; core issue of the culture in the industry, unbalanced risk and reward contracts, where clients look to complete projects as For the ring-fencing project finance to work, delayed certifications and the size and tenure quickly and cheaply as possible. Tenders are all payments made or received should be of project bank guarantees all need to be still awarded to the lowest bidder and there within a specific bank account that is only used addressed. is very little thought given to the long-term for the purpose of completing this project. sustainability of the project stakeholders. This Upon completion of the project, the account This is an easy, conscientious decision we undermines sustainability and is damaging in will cease to operate. Such arrangement will need to make, which will allow us to start the long-term- an evident example of mindset require the contractor to assign the proceeds addressing the real issues constraining the that needs to change. to that account held with the lender, and evolution of this industry; writing fair the project owner to recognize and accept contracts, promoting the use of technology, To add to industry’s multiple issues, a lack the same and make sure the payments are building sustainably… Now is always the best of financing and accounting discipline by only made to the project-specific account. time to change! contractors in general compounds their The rejection of some project owners to struggle to secure financing during the accept project proceeds makes it difficult by Mohammad Al Shouli – Executive Vice difficult times. The infamous “need to for contractors to source the right cashflow President Global Head of Contracting Finance, borrow” generally with no clear structure has financing from their banks. Mashreq 18
10th Edition| Deloitte GCC Powers of Construction 2020 Renegotiating Construction Contracts for COVID-19 19
10th Edition| Deloitte GCC Powers of Construction 2020 The Construction landscape before some commodity prices, such as steel, something in return that may ease its COVID-19 was one where inequitable may have reduced in price, the broad financial difficulties, the most obvious risk allocation had eroded industry profit expectation is that COVID-19 related events consideration is cash flow. This could be margins, late payment had created a cash will have increased the contractor’s cost of considered in terms of the below: flow crisis, and an unparalleled level of delivering a project as a result of delay and scope changes by employers resulted in a disruption, meaning that the most likely A request to increase the frequency culture of chronic cost and time overruns, outcome would be the contractor raising of interim applications, payments two disputes, and mounting financial losses. claims for additional payments under this weeks in advance and two weeks in and other contractual provisions to recover arrears, and/or a shorter payment period. COVID-19 has brought with it a few more its losses. Whilst there is a cost to it, consider a challenges: social distancing requirements project bank account to protect against and safety measures on site and in delayed payments. This also has the labor camps, a shortage of labor, plants With no contractual justification to require advantage to the employer of ensuring the and materials, travel restrictions and a reduction in the contract price, does the subcontractors get paid and the money is quarantine rules, all causing delay and contractor have to reduce its price? No. The spent on its project. disruption to projects. contractor is entitled to rely on the agreed contract price. But is it desirable for the Ceasing the withholding of retention. But perhaps most significantly, COVID-19 contractor to reduce the contract price? has resulted in uncertain demand for Possibly. A reduction in performance security (and projects already underway. thus cost of maintenance): performance The contractor may be at risk of bonds are usually linked to the contract termination or finding itself with no further price so it would follow that the bond is In an environment work on the project. Where turnover reduced proportionately as a minimum. is crucial to survival, this risk may be of inequitable risk unacceptable for the contractor. Against Settlement of any existing claims for time this alternative a price reduction may be allocation, it was more desirable. and cost. inevitable that the Is it a real risk? It may be. If either party An amendment to the contract will need to be drawn up in writing and consideration response of some gave notice of force majeure and the execution of substantially all of the works will need to be given as to how the other terms will operate to avoid any unintended employers has been is prevented for a prolonged period of time (84 days in the 1999 FIDIC contracts), consequences, in particular: to tell contractors to it is likely that either party will have a • What is the revised time for completion? right to terminate. Employers, in any reduce their prices. event, typically have a contractual right to • Are the provisions for extension of time terminate for convenience. Even without and additional cost still appropriate? Contractors are asking if legally they must that right, employers could fall back on the comply and employers are asking how they approach favored in the global financial • Does the provision for delay damages can use the contract terms to justify such a crisis to “de-scope” the remainder of need amending if intended to be a demand. project works in order to remove the percentage of the contract price? contractor. It should be noted that while Assuming that the contract price is a the unamended forms of FIDIC prevent • Are programs and BoQs still reliable/ traditional lump sum, there is unlikely to be these actions where the intention is to relevant for the purposes of assessing any contractual mechanism entitling the award the works to another contractor, in interim payments? employer to require the reduction of the this region that clause is usually removed. contract price without also decreasing or • Does insurance need extending in time changing the contractor’s scope (such as In these circumstances the contract usually or coverage to meet the new conditions? omitting works or changing the types of entitles the contractor to payment for installations). the works carried out to date (and costs • Who is to cover the cost of any plant or incurred in contemplation of completing material which has suffered deterioration The only exception is where the contract the rest) but not loss of profit. during any slow-down or suspension? contains a provision for adjustments The cost of expired manufacturers by which there is a reduction to the Faced with this possibility a contractor warranties? Re-mobilization? contractor’s costs (eg, GC-13.8 of FIDIC might be minded to consider reducing the Red Book, if utilized). However, whilst contract price. If so, and if able to negotiate 20
10th Edition| Deloitte GCC Powers of Construction 2020 • How will a second wave of COVID-19 (or margin could be agreed and the employer other coronavirus) be dealt with? would benefit from any gains arising from lower commodity prices. • Are the suspension and termination provisions still appropriate? Again, any changes will need to appropriately documented in an • Do the subcontract and supplier amendment to the contract and contracts need to be amended to reflect consideration will need to be given to changes in the main contract (eg. in impact on the other contract clauses. relation to pricing or the provision of information/forecasts to feed into the main contract applications for payment)? It is in everyone’s The contract amendment must be signed interest that our by someone with the express authority to bind the company to new contracts and industry survives. to enter into settlement agreements on behalf of the company. Renegotiating contracts will be a However, the existing key part of that tight margins call for survival. If there was a more sophisticated ever a time to turn to solution than simply a fair, collaborative reducing prices. approach to Before the COVID-19 pandemic occurred, construction the industry said it was almost at breaking point. The GCC had a reputation for being contracts to drive a notoriously difficult market in which to make a profit. International companies success, it is now. were leaving the market, main contractors were experiencing the insolvency of four by Suzannah Newboult – Partner, DLA or five suppliers and subcontractors on Piper each major project, and developers were complaining of delivery risk with main contractors on the edge of insolvency. A simple reduction in contract price will intensify these issues. Resilience will come in the form of a more collaborative approach to the project post-COVID-19. Consider for example, value engineering on certain aspects of the scope in order to bring the price down whilst still more or less respecting the originally intended overall scope and quality of the project. Project bank accounts would offer security for all. Switching to a cost reimbursable contract would give the employer more confidence in the contractor’s ability to deliver and promote transparency. A modest profit 21
10th Edition| Deloitte GCC Powers of Construction 2020 Unlocking project liquidity 22
10th Edition| Deloitte GCC Powers of Construction 2020 Unlocking project liquidity Profits, however small, may still appear on and the early procurement of long-lead It’s no secret that Middle East contractors paper. Therefore it’s understandable that items through the contractor supply are feeling the squeeze in a highly the greatest daily challenge for contractors chain, advance funds are regularly being competitive environment fueled by a in the current market is liquidity utilized against costs and delays of other decreasing supply of new projects in the management. Cash is not only a product projects – potentially starving the intended construction market. As bid teams battle of the business but the “blood” that drives recipient project of cash from the outset. it out over a lower volume of project it – and projects. Over the last year we have This leads to cash challenges on one awards, developers are naturally pressing seen a number of contractors seeking to project contaminating the rest of the contractors harder on project commercial raise new debt or negotiate new terms projects and business, potentially giving terms. with not just banks but sub-contractors rise to a host of stakeholder challenges (i.e. and suppliers. Contractors therefore have multiple customers and creditors) as the The “new normal” is an awakening for a lot more to consider when bidding and whole contracting business rather than a contractors forced to accept not only lower entering into new contracts. particular project is put at risk, including project margins but a decreased volume performing projects. of projects - a compounding reduction Plan and negotiate your project cash on gross profits. Project contract risks profile not just your margin An understanding and monitoring of the are inherent and omnipresent, but in When bidding, aligning project receipts actual cash profile of each project on an unfavorable market environment of to cash outflows is key; so too is a standalone basis in addition to their reduced supply and tighter margins, it management of advance payments. The combined outcome is therefore critical. becomes more important than ever for Middle East construction sector has Only then can robust cases be put to contractors to remain operationally and historically benefited from significant clients for further cash advances or to financially diligent to manage these risks advance payment terms of typically speed up the collection of receipts, or can a and achieve the forecast margins. 10 to 25 percent of the contract value. case be demonstrated for further equity or Whilst intended to support mobilization debt funding. An understanding and monitoring of the actual cash profile of each project on a standalone basis in addition to their combined outcome is therefore critical. Liquidity management best-practice - tactics to employ Cash receipts – debtor management Tactic Align receipts to project cash needs (or sooner) This may include agreeing earlier payments for contractors’ committed spend and not just costs materials off-site. Rapid submission and vigilant follow-up of Too much emphasis on delivering the project can detract from important efforts to certifications, claims and variations substantiate robustly the value or works and cash entitlement, as well as potentially accelerate spending. Client/project credit worthiness and sources of Understanding clearly how a client expects to fund contractors and the clients’ sources funding and quantum of financing made available for doing so, can influence whether to bid. 23
10th Edition| Deloitte GCC Powers of Construction 2020 Cash payments – cost reduction and trade creditor management Outsourcing of works to reduced fixed cost If decreased project volumes lead to decreased utilization of fixed cost employees, aligning base to the new normal and employing variable costs allows greater flexibility to adapt to a volatile volume of projects. Strategic procurement to drive enhanced Centralization of procurement and advance procurement planning can enable pricing and terms procurement divisions to manage fewer orders of higher volumes with pricing reductions and rebates. Similarly, fine-tuning the timing of procurement can smooth the cash flow profile. Capital governance and project control Selective bidding and enhanced focus on risk Enhance the bid process for tender approval, focusing on risk allocation and suitability allocation based on the working capital profile. Project-wise and enterprise cash planning and Bottom-up, ring-fenced, cash flow planning gives visibility over the drivers of cash flow analysis and the pinch points where careful management is required to inform decision-making. Avoid gaps in data sharing and client Claims knowledge and data can be lost during times of high staff turnover, making it management challenging for others to pursue. Ensure documentation is robust, updated and secure at all times. Establish a cash mind-set in commercial and A cash focus should be cascaded down to project teams, to ensure they remain vigilant in project managers regard to receipts and payments and their net cash position. When does a project need bank support? is critical for regional contractors. From Contractor bonding in favor of clients has The bank’s view: a bank perspective this only heightens been a mainstay of the industry, in particular A tough message for many to acknowledge their risk allocation of the Construction performance bonds. Contractors should is that with the appropriate cash planning, sector, pushing up interest rates, and bond seek to price the cost of these into their bank financing of contractor operations collateral requirements, making debt not tenders, as well as any other finance costs. is typically low and restricted to projects only harder to attain but also less attractive Demonstrating a focus on liquidity with significant time between milestone as a significant source of cash. management can also reduce the cash payments. Furthermore, where cash collateral required to secure these. requirements may be temporary over the Despite this, overall banking sector liquidity profile of a project, contractor bank support is at comfortable levels, with a desire to by David Stark – Partner, Restructuring, may not even be necessary at all times. deploy. However, demonstration of the Deloitte Middle East, Thomas Bullock – following is key: Director, Restructuring, Deloitte Middle East However, the story on-the-ground appears different. Regionally, and based • A clear purpose and requirement for debt - on a sample of listed peers, contractors not to fund project losses or overheads with debt to equity ratios in excess of 1x are not uncommon. By comparison, • First-ranking repayment security in the global counterparts typically have debt form of pledged receivables or fixed assets to equity ratios of less than 0.3x. These in excess of borrowings highly leveraged positions erode long-term shareholder value and dividends. This To raise debt at a corporate level (as is further demonstrated by interest to opposed to a specific project) in addition EBITDA ratios of close to 1x, against a 0.2x to the above the contractor would typically global benchmark. To unlock any long-term require a much larger portfolio to absorb the value from this position, reducing debt risk of any loss-making contracts. 24
10th Edition| Deloitte GCC Powers of Construction 2020 Shaping the future 25
10th Edition| Deloitte GCC Powers of Construction 2020 Deloitte Middle East talks to Mr Ahmad Al Matrooshi, Managing Director, Emaar Properties PJSC, about Emaar’s strategic plans and the digital transformation journey. What defines Emaar and its culture as Real Estate market? through a robust execution and delivery a key regional Real Estate developer Sheikh Mohammed bin Rashid Al Maktoum, strategy of digital solutions. From building and what would you ascribe Emaar’s Prime Minister and Ruler of Dubai, outlined our first 3-D printed home to the recent success to? an optimistic view of our shared future and partnership with Xiaomi for Emaar Smart Emaar was founded on the vision to shape one we share here at Emaar. Home, Emaar is leveraging the potential of the future through integrated master- innovative digital technologies across all planned communities. Over 22 years later, The United Arab Emirates is advancing aspects of operations, with a digital-first we have set an impressive track-record at unprecedented speed; adopting and customer-first strategy. in developing and delivering world-class technologies and putting in place the right property, malls, and hospitality projects legislation to support future growth. To put What innovative construction in countries around the world, creating it simply, we are preparing for tomorrow, technologies have you used when thriving lifestyle communities while today. An important part of this journey, as building your most recent projects? contributing to the local economy. Better a country and as a business, is the ability Dubai’s first 3D printed home is an yet, we provide innovative and memorable to adjust and change course when faced Emaar project, can you tell us more lifestyle experiences that enhance the with external challenges. As His Highness about this and how this may feature everyday life of our residents. said, we are a country that faces facts and in your future strategy and where reviews calculations. Agility is the recipe for you see the opportunities and the As we continue to grow and innovate ahead success and will contribute to the success challenges with 3D construction in the of the curve, our ongoing investment in of both Emaar and secure the future of the future? How do you see this impacting customer-centric innovation across our UAE. the home of the future? business results in continued interest Offering several benefits, including from foreign investors in both residential There appears to be a large pipeline more flexibility in design, 3D printing is and commercial developments. Today, of infrastructure projects for the also ‘greener’ with sustainable home Emaar’s positioning in the global forthcoming years, how does this construction techniques significantly development landscape is the result feature in your future strategy? lowering waste and noise pollution during of that single-minded vision, and the We are primed for growth and redefining wall construction. focus on long-term value creation for the landscape of Dubai remains at the core stakeholders that has consistently been of our business. Upcoming projects, such In early 2019, Emaar launched a global delivered. Emaar’s performance in 2019 as The Valley, encapsulate the next chapter competition, in which the world’s leading was robust, maintaining growth within a of Emaar. Our ambitions are nested in the 3D printing technology providers challenging market. This is a testament to future trends of the property market and participated to 3D print a model home in our innovative concepts and products, and are focused on modern living – core to the Emaar’s Arabian Ranches III residential the people behind them. Emaar does not development of building premium Real development. Following the competition, simply look to the future — we build it. Estate. an international 3D printing technology company and a UAE-based contractor were How have you adapted your strategy Can you tell us more about Emaar’s awarded the contract. The construction will to respond to the changes in the Real ongoing digital transformation journey be facilitated using a local contractor and Estate market? and how this is being applied in your locally sourced printing materials with the Our strategy is and remains to build developments as well as your day-to- goal of building in-country competencies in premium real estate assets for regional day project management? 3D printing for the property sector. and international markets. As a business, From efficiency and productivity, to we remain resilient and agile to market connectivity and customer-centric services, Starting with 3D printing of the home’s conditions. We are prepared for the technology is raising the standard of walls, this signifies a nascent crossroad, complexities of our operating environment expectation across the industry. As we with rapidly evolving technology that will and aim to meet the demands of an ever- come to be defined by the agility, flexibility continue to advance over time. Emaar’s changing environment. Transformation is and responsiveness to the demands of 3D-printed home, printed on-site in just 72 ingrained in the fabric of Emaar and is a customers and a shifting market, the hours is the first step towards our ambition mindset that helps us to secure long-term opportunity to significantly enhance the to become a leading adopter of advanced and sustainable growth. value of our assets and properties sits construction technologies, allowing to print within the technology sector. at scale and ultimately creating a future in What are your views on Sheikh which customers can design, download and Mohammed’s New Year letter and the Emaar is committed to implementing print their own homes and communities. initiative announced to rebalance the continuous, seamless transformation 26
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