How a Crippled Insurance Market, Climate Crisis Threaten Construction Boom

I am pleased to share my article How a Crippled Insurance Market, Climate Crisis Threatens Construction Boom, which has been published this week in the Commercial Property Executive.

https://www.commercialsearch.com/news/how-a-crippled-insurance-market-climate-crisis-threaten-construction-boom/

This article highlights the dual threats from climate change events and the recent pullbacks by insurance companies to provide coverage in those areas of the nation that have been imperiled by wildfires, coastal flooding and other force majeure events of recent years. With little prospect that our nation can avert increased events of these types in the near future our policymakers must begin to factor in how to continue to grow a strong nation’s economy when these two threats can inhabit or even halt such progress.

Please let me hear from you after you read the article.

Barry's Interview with Freight Waves Now

This past Friday I was interviewed for a televised discussion on the current state of our nation’s infrastructure and the benefits and weaknesses of the Biden Plan to address our roads, bridges, internet, leaking water pipes and other critical infrastructure facilities.

There is a strong likelihood that Congress will reach an agreement to fund both the basic infrastructure remediation plan as well as the “human infrastructure” proposal that puts an emphasis on retraining unemployed factory workers with updated skills training along with programs for childhood pre-K and free community college education for all.

The interview on Freight Waves is here: https://muse.ai/e/oqga2WJ

Please let me know your thoughts on this important subject.

ICYMI: The Trillion-Dollar Infrastructure Bill – What Will Its Impact Be On Construction, Real Estate and America's Economic Recovery?

On September 22, infrastructure experts Barry LePatner of LePatner & Associates LLP along with Nicole Gelinas of the Manhattan Institute, Ryan Fitzpatrick of Third Way and moderator Erik Engquist from The Real Deal joined for a discussion at The Capital Grille in Manhattan discussing everything around the trillion-dollar infrastructure bill awaiting approval in Washington D.C.. The experts delved into the pros and cons of the legislation, the manner in which infrastructure funds are set to be deployed, how they will impact the construction and real estate markets, and their collective ability to revitalize the economy.

The trillion-dollar infrastructure bill symbolizes one of the most monumental infrastructure bills in history and has the ability to fund a vast array of infrastructure in desperate need of repair. LePatner along with the rest of the panel is spoke to how these funds should be allocated, including how they can best shape the infrastructure system of the country.

You can enjoy the full webinar HERE to learn more. https://drive.google.com/file/d/1KTM-8Ta06MQFOamjKgkOQ_UWS7wkb-wg/view

Here are some of the key parts of the webinar:

Panelists discussing what they would say to President Biden regarding the infrastructure bill in 30 seconds (8:21 to 15:50) Panelists discussing how state and federal infrastructure banks can transform the allocation and oversight of funding (12:06 to 12:50) Panelists discussing what improvements should be made to Amtrak (32:09 to 34:00) Engquist and Fitzpatrick discuss what infrastructure means to the American people more broadly than bridges and roads (40:00 to 41:56) Gelinas addresses the need to monitor government does fund private enterprises at the expense of the goals of this legislation (17:50 to 19:48)

We hope that you can take some time to listen and learn from the webinar.

Thank you!

Why Biden’s infrastructure plan is such a big deal

The battle in Washington DC is on to see if our nation will, after forty years of misfeasance by various administrations and federal legislators, meaningfully address the perilous state of our nation’s infrastructure. Barry's op ed piece, published in the New York Daily News, https://lnkd.in/gNttN8E argues that GOP efforts to limit the Biden proposal to a measly $800 billion would only serve, once again, to put a bandaid on a hemorrhaging system that history has shown to be among the best investments our government has ever made in our history.

e-Builder: One Year Later | Episode 2

On Tuesday, Barry LePatner served as a panelist on the “1 Year Later” webinar series. He was able to give his expertise on what happened in the past year to the real estate, design, and construction industry due to the COVID-19 pandemic. He also expressed his optimistic opinion on what the future holds with as we turn a new corner with vaccine rollout. Click the link below to watch: https://lnkd.in/gpCCi4J

Ending Cost Overruns and Project Delays Forever: If You Think it Can’t Be Done, Think Again

Is there a way to end cost overruns and construction delays forever? CEO Barry LePatner gives his expertise on how to eliminate both cost overruns and construction delays on your next project.

One of the most entrenched beliefs embedded in the construction industry is that cost overruns are an accepted part of most, if not all projects. Recent industry studies seem to prove that the larger the scope of the project the more likely that massive budget overruns are to be anticipated. Read the full article on page 28 of this month’s The Voice Magazine from CURT: http://flip.matrixgroupinc.net/curt/2020/issue04/#page=28

On Construction Post-COVID, Win the Future or Get Swallowed by the Past

Is your organization ready to embrace the post-COVID-19 future, or will it get swallowed by the past? CEO Barry LePatner delves into what is expected for the real estate, design and construction community following the COVID-19 crisis and the new opportunities expected to arise.

The coronavirus has created a crisis where most real estate, design and construction firms have been primarily focused on short-term efforts to keep their businesses alive. But to fully prepare for the months and years ahead, firms need to position their organizations for a time when the crisis has passed, when the U.S. will be embarking on a 30-year, $35 trillion construction boom.

Read the full story here: https://commercialobserver.com/2020/11/covid-construction-new-techniques-legal/

Barry B. LePatner in the News

Barry B. LePatner was recently quoted in a Forbes magazine article citing 5 predictions for the real estate industry once the post-Covid moratorium ends.

Here Are The Top 5 Predictions For Real Estate Once The Pandemic Subsides

FORBES | Apr 27, 2020 | Lisa Chamoff, Contributor | Real Estate * It’s no secret that the real estate market has a long road of recovery ahead. As the day-to-day work of showing properties and building homes has slowed to a crawl, agents and others in the industry have started to look to the future and make predictions about the lingering effects the COVID-19 pandemic will have on the industry.

Here are the top five top predictions for real estate once the pandemic subsides.

Buyers will upsize

“Microapartments” were supposed to be the wave of the future, but city dwellers who have been cooped up in one or two rooms will likely be looking to spread out (and the owners of larger spreads have already decamped to their vacation homes).

“I think that the desire for larger apartments will come back into style and many will be looking to size up — whether sizing up in square footage, light, outdoor space, view, or amenities,” says Ian Slater, a broker with Compass in Manhattan. “The concept of a ‘microapartment’ being enough in New York City likely will become a very challenged notion. New York may for a time, not be thought of as ’everyone’s living room’: buyers will want their own living room!”

Boutique buildings, townhouses and technology will win out

While the pandemic has promoted some to wonder whether the trend toward urban living will ebb, most agents don’t think that will stop people from investing in real estate in large metropolitan areas (it certainly hasn’t stopped Amazon AMZN CEO and billionaire Jeff Bezos, who recently purchased another condo in a Manhattan building where he has nearly $100 million invested).

“New York City has experienced soaring housing and living costs, and was losing population before the pandemic, which has heightened concerns for future pandemics, and for some whether to remain,” says David Stern, president of real estate due diligence firm Townhouse Partners. “However, while suburbs are less dense than cities thereby reducing contact, they have fewer hospitals and resources for treatment. Singapore and Hong Kong are denser than New York, yet they were able to contain the pandemic more effectively. Nevertheless, the pandemic may result in those previously planning to relocate making the change sooner. … In addition, the related job losses are expected to decrease rents, along with stricter home buying standards from lenders, as city housing stock tends more toward rental than ownership.”

Agents think that boutique buildings will win out over large developments and townhouses will become more prized.

“I certainly think this is good for townhouse living because you don’t have the same issues you have in an apartment building such as sharing an elevator, not having access to your gym, and you have private outdoor space,” says Lisa Lippman, an agent with Brown Harris Stevens.

The adoption of touchless technology, including remote access for locks and thermostats, will become standard, Stern says, and multifamily building owners and managers will see challenges.

“Markets will vary as to how well multi-family owners can absorb losses, with lower income tenants less able to recover,” Stern says. “Owners will likely have to absorb more maintenance costs due to enhanced cleaning and increased wear and tear of residents working from or staying home.”

Outdoor space and home offices will become a hot commodity

Balconies, terraces and private roof decks are already prized amenities for any prospective buyer, but they will become even more in demand in the coming months.

“Being stuck inside, I think people may realize what is important to them in a home and in their space,” Lippman says. “People will consider what it would be like to reside in this space without being able to leave now. Outdoor space may become more important, I’ve talked to clients who have told me how grateful they are for theirs right now.”

Home office space will also become a more standard offering. Stern notes that for multi-family projects in the planning stages, developers are reconsidering layouts to accommodate tenants working from home.

Construction prices will rise

Before the pandemic, the construction industry was already facing a shortage of skilled workers, with many professionals leaving during the Great Recession and construction booming across the country.

Barry LePatner, the Founder of New York City-based construction law firm LePatner & Associates, and the founder of business advisory group Insights+, predicts that when the moratorium on construction ends and builders are ready to get back to work, we can expect delays in the permitting process and increased costs as the supply chain slowly recovers and superintendents get up to speed on how to keep workers safe.

“Will construction workers remain distancing?” LePatner says. “Will there have to be someone on site to take people’s temperatures if someone gets sick? Even when the moratorium on construction ends and there's a desire to go back to work, that doesn't mean it’s going to happen with a degree of promptness.”

There will also be the challenge of new constraints on construction lending and the slowdown of land acquisitions following a likely recession.

The supply chain will shift

More than 30 percent of construction materials come from overseas, according to LePatner, from countries such as China, Italy, Brazil and India, which are facing their own challenges with COVID-19.

“Many of those suppliers are going to build it up in the U.S., but it’s going to take years,” LePatner says.

A Video that Recalls When Contractors Risked Their Lives to Build Great Things

There once was a Great Depression in this nation where 25% of our workers were unemployed and despair gripped all awaiting a time when the economy would improve and fear for the future was no longer the “new normal” for those times.

In the midst of those difficult times two different megaprojects were created to provide jobs and hope to our city and the entire nation. One was the creation and development of Rockefeller Center in the heart of New York City. The project employed 40,000 skilled workers and opened after years of construction in 1933. See https://www.rockefellercenter.com/art-and-history/history/

Another major project, the construction of the Chrysler Building, similarly was hailed as a singular project of great value to those seeking optimism for the future of our nation. This project began before erection of the Empire State Building commenced. Standing 1,046 feet in height it was the tallest building ever constructed, only to be eclipsed shortly thereafter by the Empire State Building.

But to appreciate a small but significant moment in history, and in no small part as a tribute to the value of the construction workers who build these majestic structures, I wanted to share this six minute video that will enhance your own appreciation of what it has taken to make these and many other, more humble, buildings an amazing part of our world.

Take a look at this video and know that there are millions of similar people out there in our world today who put themselves in peril or give selflessly to make us safe or to enhance the lives we lead.

Construction Survival: What to do when clients stop paying your invoices

In these turbulent times, when our clients face uncertainty about current and future projects, each of us needs a business plan for maintaining relationships with these clients that will foster good will to secure payment of outstanding invoices and project you as one who will be there for your client in tough times such as these.

Today, the attached article I authored, appeared in Real Estate Weekly. Entitled, "Construction Survival: What to do when clients stop paying your invoices”, this article provides timely and incisive advice on how to secure payment from clients though they themselves may be under financial pressures.

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Real Estate Weekly | April 23, 2020
By Barry B. LePatner, Esq.

It is months now into the Covid-19 pandemic. You are the principal of an architectural, engineering, or construction firm. You may be a supplier, vendor, or trucker that provides products and materials for many construction projects.

In every one of these businesses, a look down at your accounts receivable reveals that many of your clients have chosen — or been forced — to defer paying for your outstanding invoices.

The lack of fresh funds to run your business is jeopardizing both the principals of your firm and the loyal employees who continue to work from home. 

What are the implications for your business if this cash shortfall continues for a few more weeks or the next two months? What steps can\must you take to reverse this course of events?

Before we get to the direct responses to these important questions, it is important to recognize that most small- to medium-sized real estate, design, and construction businesses have several things in common: (1) they are not well capitalized and operate their businesses anticipating a regular course of collections each month to pay staff and all other operating expenses; (2) there is little recourse to borrowing beyond their existing lines of credit and the shortfall in current and future collections will give pause to lenders to extend more credit; and (3) furloughing and\or dismissing employees risks problems in future staffing were the current moratorium on construction to end in the very near future.

Through no fault of their own, many of these firms will be unable to stay operational without governmental assistance. However, as currently structured, the recent laws put into effect by Congress will not meet the full impact of the losses to be incurred if the moratorium, as all expert health officials indicate, proceeds into the summer months.

Critical Steps to Business Survival

To help ensure your business remains operational until the moratorium is lifted and clients and their projects recommence work, you should be actively taking the following measures:

  • Stay in constant communication with the principals of your clients. Everything in the real estate and construction world is based on personal relationships. Enduring this crisis will depend on you understanding this precept.

  • Emphasize to your clients during these discussions that:

    • You highly value their business;

    • You have always been there for them during the course of your relationship;

    • You want to be ready to service their projects or interests immediately upon notice that work is to recommence;

    • Payment by your client of the outstanding invoices is essential for you to stay in business so that your team can be kept together during these difficult times and be there when your client will most need them; and

    • Repeat these points both orally and in writing.

  • Possible responses to these efforts will likely include:

    • “We don’t presently have the funds to pay you.”

    • “We value your services and will continue to keep you current as you provide your services."

    • “We are all in the same circumstances and when we can pay you, we will.”

    • “Don’t call, we will get back to you at a later date.”

  • You should become familiar with all financial assistance programs being offered to small- and medium-sized businesses. The Small Business Association has emergency loan assistance programs for firms in distress. All firms should consider applying for the recently-enacted assistance loans, part of which may be forgiven in return for keeping workers on your staff for several months.

When payment is not forthcoming, you will need to decide how you will respond. In some circumstances, where the client is truly unable to pay you, you should turn to your contract and identify all the remedies at your disposal.

These include, among others, pursuing mechanics lien claims, terminating the contract, or pursuing legal action. The latter is costly, will certainly end the relationship with that client, and will most certainly only serve to “kick the can down the proverbial road” for years to come. This is why maintaining an excellent relationship with each client, acknowledging their circumstances but urging recognition of your distress, is critical.

Keep in mind that once the Covid-19 emergency is over, it will be time to renew those relationships that are the lifeblood of the industry. Good clients will work with you to see you through these difficult times if you remain in close communication.

Having taken the constructive steps described above will enable each firm to maximize its chances of keeping a steady cash flow during the crisis and will strengthen the relationship once business returns to the new normal.

For many of us, “sheltering in place” has been our main activity for the past month. It has reordered our lives, changed how we conduct business, impacted how we stay in touch with family and friends. The Covid epidemic has also created great concerns about whether and how soon our nation, our states, our cities and communities will return to their “new normal” routines.

I have been spending considerable time reporting on the real estate and construction industry, an important segment of our nation’s economy that spends $1.5 trillion annually, most of which has come to a halt. In interviews with the media or in blogs to clients I have stressed that there will be long term impacts to the industry that will need to come to grips with resourcing products routinely purchased overseas that will now need to be purchased domestically at higher cost; the loss of tens of thousands of small to medium sized contractors, suppliers and vendors of products and materials; and a severe shortage of skilled workers. I have made it clear to all that these impacts will disrupt the construction world over the next two years.

For an overview of how and when our nation will be addressing the many disruptive aspects of society, business and the medical responses being applied to gain control over the ongoing epidemic click here for the New York Times article "The Coronavirus in America: The Year Ahead"

“The next two years will proceed in fits and starts, experts said. As more immune people get back to work, more of the economy will recover. But if too many people get infected at once, new lockdowns will become inevitable. To avoid that, widespread testing will be imperative.

Dr. Fauci has said “the virus will tell us” when it’s safe.”

What to Expect From the Housing Market in 2020

U.S.News & World Report | April 2, 2020 Devon Thorsby

The coronavirus pandemic has thrown a wrench into all facets of life, including paying rent or the mortgage for some, and for those in a better financial position, buying a home, selling one or moving to a new rental.

Stay-at-home orders and calls for social distancing have ruled out in-person home tours, and closed courts mean your local clerk's office can't process new property deeds.

While many people are choosing to delay a home purchase or sale and stay in place until the coronavirus pandemic has subsided -- whenever that may be -- others are still buying, selling and signing new leases. But as economic uncertainty and personal financial concerns grow, experts see some changes ahead in the housing market even after the threat of COVID-19 has peaked that will affect buying, selling, renting and new construction.

Here are some changes experts see on the horizon for the rest of 2020.

Buying

At the start of 2020, many economists expected homebuying to remain healthy throughout the year, bolstered by fairly low mortgage rates -- below 4% -- though held back slightly over concerns of a future recession to occur in 2021 or later.

When the coronavirus first caused stock markets to drop dramatically and the spread of COVID-19 led to widespread school and business closings and calls for people to remain in their homes, mortgage rates initially dropped in lenders' efforts to offset the scare.

On March 4, Freddie Mac reported the average 30-year, fixed-rate mortgage interest rate hit a historically low 3.29%, which led to a flood of would-be buyers and homeowners rushing to apply for a mortgage or refinance. Overwhelmed by interest, lenders raised rates slightly to 3.65% on March 19, but they have since fallen again to 3.33% as of April 2, according to Freddie Mac.

Even with the temporary increase, mortgage rates are now more than 0.5% below the rate at the same point in 2019, and they are well below rates from a historical perspective.

Unfortunately, low interest rates haven't been able to sustain homebuyer activity. While it's unclear whether this is primarily due to orders to remain at home or concerns about financial stability and employment -- it's likely a mixture of both -- homebuyer activity has dropped dramatically. In a survey of more than 3,000 Realtors conducted March 16-17 by the National Association of Realtors, 48% reported a decrease in homebuyer interest due to the coronavirus outbreak.

"We've seen the impact of activity from all of this, so of course it's not business as usual ... but by no means has it stopped entirely," says Skylar Olsen, director of economic research for real estate information company Zillow.

Experts aren't able to analyze many historic examples to show us how the market will react in the course of the pandemic and over the long term; the housing market is very different from what it was more than 100 years ago during the Spanish flu pandemic. Olsen notes the SARS epidemic that occurred in China starting in 2002 would serve as the best example.

During the SARS outbreak, Olsen explains, there was a marked drop in real estate transaction activity in affected parts of China like we're seeing today in the U.S. Here, buyer activity fell first and fastest where the virus initially appeared and where isolation measures were first instituted -- in Seattle, then San Francisco and much of the rest of California.

One hopeful takeaway from the SARS epidemic is that home prices, and the housing market in general, weren't impacted significantly in the long run. Once the epidemic subsided, homebuyer and seller interest returned fairly quickly, Olsen says.

"What's happening to us right now is not being driven by a market failure," Olsen adds.

The question of the scale of impact that the housing market and the economy will see hinges on how prolonged the spread of COVID-19 will be. "If it lasts too long, will people's affordability be completely eroded?" Olsen asks. If so, the recession we reasonably expect now due to the temporary decline in productivity and activity will become what Olsen refers to as a "real recession," where returning to previous levels of productivity and activity will be much harder.

Selling

As homebuyer activity has dropped significantly, many sellers have decided to delay putting their homes on the market, both to continue social distancing and eliminate the need to move in the middle of a pandemic.

However, not everyone has the luxury of waiting. Fortunately, all is not lost. Daniel de la Vega, president of ONE Sotheby's International Realty in Coral Gables, Florida, says that while activity has decreased, agents are still showing homes -- by video tour -- and homes are still going under contract.

Zillow reports that the last week of March, compared with the average from February, saw a 408% increase in users making 3D videos for homes on the market that aim to immerse prospective buyers and recreate the feeling of touring a home in person. Such videos have actually been a nationwide feature on Zillow's website since 2019, but are no longer a "niche product," Olsen says. "It's what you need if you want to keep getting your home through (the sale) process," Olsen says.

Right now, the challenge is to make sure homes that are on the market don't linger. Real estate listing agents are highly focused on "making sure they price these home appropriately so they don't sit on the market too long," de la Vega says.

The outlook for home sellers after the pandemic, like with buyers, depends on how long quarantines and the spread of the virus last. As more homes that would have been on the market at the start of spring remain unlisted, we can expect to see more go on the market shortly after the pandemic ends.

The more financially strained homeowners are, the more houses you're likely to see for sale and the fewer buyers there will be, which is typical of a market at the beginning of a recession. Buyers who aren't affected by layoffs and have enough savings to afford a down payment will benefit.

"I expect prices to go down a bit after this, and I expect people to be able to buy maybe their dream home that they wouldn't be able to buy before this," de la Vega says.

Sellers who are interested in a quick real estate deal through an iBuyer, like Opendoor or Zillow Offers, will have to wait. Both Opendoor and Zillow Offers, as well as similar firms, have paused transactions. This reduces the chances that iBuyer employees are exposed to COVID-19, and it also reduces the chances of mass attempts to liquidate homes for cash in a financial panic.

While de la Vega says he is preparing his agents to work through a worst-case scenario housing crisis, he remains optimistic that the housing market won't suffer too long. "I don't think that prices are going to go down as drastically as people think," he says.

Renting

Renters are expected to be especially hard hit since they account for much of the workforce affected by closed businesses, reduced hours and layoffs.

Many first-time homebuyers who are holding off on a home purchase remain renters for now. This means rents are likely to rise in the near future due to continued demand. However, the financial uncertainty caused by COVID-19 is leading to both government and public pressure for landlords to give tenants suffering illness or job loss a break.

The U.S. Department of Housing and Urban Development has placed a moratorium on evictions for all rental properties insured by the Federal Housing Agency through mid-May. Governors and mayors throughout the U.S. are following suit and halting evictions as well, and some sheriff's departments are announcing that they will stop carrying out lockouts for the time being.

Even where evictions haven't been officially halted, many states have closed courthouses as a precautionary measure to prevent further spread of the coronavirus, effectively stopping eviction proceedings.

If unemployment remains high in the immediate aftermath of the pandemic, landlords can expect further regulation to help renters get back on their feet and avoid eviction.

Luxury apartment building projects may be put on hold if affordability becomes an issue, says Barry LePatner, a construction attorney and advisor, and author of "Broken Buildings, Busted Budgets: How to Fix America's Trillion-Dollar Construction Industry." This is because both developers and their lenders will question whether people will be able to afford to pay sky-high rents for luxury amenities.

For now, some renters appear willing to find a new rental as planned, regardless of the pandemic. In a survey of about 7,000 renters on rental listing and information site RentCafe.com between March 25-27, 52% said they still plan to move as soon as they find an apartment, and just 10% have chosen to put their search on hold.

While affording rent may become a long-term issue if unemployment remains high, landlords of mid- and low-price apartments can expect healthy demand, as people who would otherwise break into homeownership remain renters.

New Construction and Development

Since the Great Recession, residential construction has struggled to meet demand, contributing to climbing prices for existing homes throughout the U.S. Slowly, new construction has been ramping up: In 2019, there were roughly 1,370,300 new building permits for privately owned housing -- the highest number since 2007, according to the U.S. Census Bureau.

Of course, the coronavirus pandemic changes the outlook for residential construction entirely. In particular, many states and cities have taken widely varied stances on whether residential construction is considered an essential service that will continue throughout the pandemic. California and Ohio are two states where residential construction continues, while in New York and the city of Boston, construction has stopped or is limited to roads, bridges, health care facilities and other projects considered part of emergency needs.

Where construction continues, workers are concerned for their safety, as many on-site tasks require workers to operate close together.

Inconsistent policies from state to state could lead to vastly different outcomes in terms of available new housing when the pandemic subsides. "The world will be a different place insofar as the real estate, development and construction industries are concerned,"LePatner says.

LePatner says lenders are already being more cautious about the construction and development projects they consider for loans; they don't want to lend to a project that will struggle to attract tenants or buyers in this changing economy.

A key concern in the industry is the fact that construction laborers will have to find new work -- 91% of construction workers in the country work for companies with 20 people or less, LePatner says, and those local small businesses are most at risk. "(Construction is) a real mom-and-pop shop industry," LePatner says.

LePatner points to what occurred during the Great Recession, when many construction workers left the industry altogether for lack of available work, and says we can expect a construction labor shortage if prolonged isolation and economic concerns stop construction on a large scale for long enough to make workers seek jobs elsewhere.

Webinar Presentation by Barry B. LePatner

On April 6, 2020 Barry B. LePatner was invited to speak as part of a webinar addressing how the COVID-19 pandemic would impact the real estate, design and construction industry once the current moratorium on projects is lifted. Mr. LePatner provided a cogent perspective on the likely problems that would face the industry and set out five prescriptives for industry members to follow to minimize the uncertain times ahead.

The COVID-19 pandemic represents a crisis unlike any the real estate, design and construction communities have ever experienced. I would like to focus my discussion today first, on identifying the unique problems that owners, architects, engineers and contractors will face once construction resumes, and secondly, on how each of you can prepare to take advantage of the opportunities that will arise when the crisis abates.

Let’s take a look at what the industries will look like once the COVID-19 epidemic has ended. As many of you know, real estate and construction are a significant part of our national and local economy. Governmental decisions to require shelter-at-home stays for most of the country will clearly throw us into a recession and increase our national deficit by trillions of dollars.

A new report from the American Institute of Architects indicates that the pandemic will significantly reduce demand for architectural services for at least much of 2020. Similarly, the Association of General Contractors reports that 45% of contractors have already seen project delays or disruptions and this number will increase substantially as most construction comes to a halt except for projects the government deems essential. Hundreds of thousands of workers in both fields will be out of work for many months until the rebound in construction begins.

Owners planning new projects can expect to see lenders take a more cautious stance on funding as new criteria for vetting projects will reflect changing market conditions. Looking at retail, as one example, Coresight Research reports that the coronavirus outbreak will trigger an unprecedented number of retail closures. Retailers are shuttering stores temporarily, but many may never re-open. More than 15,000 store closures could occur in the U.S. in 2020, beating last year’s record of 9,300.

The halt in construction will severely impact the nation’s supply chain of products and materials, much of which come from overseas. Tens of thousands of these suppliers, vendors and manufacturers – foreign and domestic – lacking sufficient capital, will be out of business by the time the moratorium ends.

How can owners whose projects are on hold and architects, engineers and contractors, who are comprised of mostly small to medium-sized firms, plan for a positive recovery from such a traumatic blow to their businesses? Let me identify five important steps that smart firms in the industry must take to address the difficult times ahead:

  1. Owners who have seen projects stall should be reaching out to their architects, engineers and construction team to consider modifications to the design shown in their current plans. By using the moratorium in a positive way, continuation of the project will not be blindsided by adverse post-COVID market conditions.
  2. This is an excellent time for owners to discuss with their contractors how their projects will recommence once the moratorium on construction ends. The goal of every owner and contractor should be to negotiate during the suspension, the actual remobilization and other costs contractors will be seeking when a notice to proceed is sent by the owner. As these costs will increase the project budget owners should be discussing with their lenders extensions on their construction loans and advising them that remobilization costs will increase the project budget as well as extend the time for completion.
  3. Taking a long term perspective, it is important to remember that the US is presently in the midst of massive growth in population. According to the US Census Bureau, we will be adding another 60 million residents by 2050. This new growth will spur a boom in construction of over $25 trillion dollars within the next 20 years as tens of millions of people move out of our cities into fast growing parts of the nation. This, in turn, will require new housing, schools, roads, bridges and needed retail. Business savvy firms will stay ahead of their competitors by marketing their services in these burgeoning areas of the nation.
  4. Because the current stoppage of work is so widespread, many in the design and construction industry should be reassessing their current client lists and refocusing on the many new areas of design that will arise out of the crisis. In the next few years we will see new energy initiatives and more efficient HVAC systems that will lower operating costs for most facilities.
  5. Finally, owners will be demanding fixed price contracts with tighter budgets and project schedules. They will be looking to retain design and construction firms that are proficient in the use of Building Information Modeling (or BIM) to prepare complete and coordinated designs that will enable contractors to negotiate fixed price contracts. Increasingly, those firms that fully adopt such technologies will bring greater efficiency to the construction process and greater ability to eliminate customary and unwarranted cost overruns of 20-40%.

AEC firms will need to develop carefully crafted business plans to survive the perils ahead. Four primary areas will help guide the industry through these difficult times: (1) It is imperative that each firm retains its existing client relationships; (2) they must research and identify the new markets for business opportunity where existing markets may not have recovered once the epidemic passes; (3) each must identify specific goals for revenue, expense and profit that are directly tied to realistic market conditions; and (4) each firm must increase its use of technology to achieve productivity and profitability objectives. Those who lack the skill to develop such a detailed plan will need to seek out advisors who can successfully guide them along this path.

These are turbulent times for our nation. In truth, things will get worse before they get better. But I am convinced that our nation will see a strong rebound from the recession ahead. With smart planning and good judgement we will, in time, see our nation and our industry rebound strongly in the years ahead.

Steps Design Professionals Must Take with COVID-19 | Commercial Construction and Renovation

On April 7, 2020 Barry LePatner’s article, “Steps Design Professionals Must Take with COVID-19” appeared in Commercial Construction & Renovation. Barry has been providing the real estate, design and construction world with his regular updates on the best practices needed to manage their operations during and after the pendency of the current pandemic sweeping our nation.

With the advent of the COVID-19 pandemic, the design profession has never been confronted by a crisis as demanding as this since World War II. To varying degrees, all design firm principals are likely experiencing fears and uncertainty from a human and business perspective, for themselves, their families, and their colleagues.

And while those feelings are real, understandable and ever-present, the question that remains to be addressed is: What steps should I take to best navigate my firm in the face of this uncertainty?

Most essential in these unprecedented times will be calm, rational decision-making in regard to short- and long-term plans built on flexibility and sound business judgment.

Don’t Go it Alone

Yet before you even begin, no one person in an any design organization should be making decisions about the future of your firm without consulting other principals and the entire staff. Information must be secured from a variety of sources including a firm’s bankers, accountants, and attorneys.

Assessment and Communication

To help identify the key issues to be addressed and acted upon here are four topics for your firm to focus on related to its current and immediate future once an “all clear” is announced and business begins some semblance of a return to the “new normal”:

  • It is imperative that you communicate with your staff to identify any personal or financial problems they may be experiencing, and offer to provide whatever advice or individual assistance they may need, or direction they may require involving outside parties;

  • Equally important is the need to reach out to all clients to assess the ongoing nature of their projects your firm is working on with them and to prepare individual directives as to their current project imperatives;

  • While new business outreach in these difficult times will not proceed as usual, keep in touch with prospective clients, partners, vendors, and other sources of possible business for when the crisis has departed;

  • Accept the possibility that one or more of your ongoing projects may not immediately start back up after the pandemic has abated. Issues in regard to staffing and cash flow will be directly tied to these projects.

Economic Realities

In addition to the issues noted above, some caveats about the uncertainties raised by the unique nature of this crisis include:

  • Lease issues: will your landlord agree to defer rent payments for a period of time, saving you needed cash for other business needs? Check with your landlord and real estate broker or lawyer.

  • Staff size: Depending on the number of projects that have been impacted by the crisis, identify your staff needs and do not bring back staff to sit idle waiting for projects that are on indefinite hold to come back online. Your bottom line and cash flow will be a direct consequence of your dedication to keeping staff on payroll that can support your active projects to move forward.

  • Secure your finances: Speak with your bankers and secure a line of credit to enable your firm to weather the uncertainties of the balance of 2020 and balance your cash flow needs to match your funding and collections.

  • Technology: this is the best time to streamline operations and create greater efficiencies in how you prepare critical construction documents. BIM is the present and the future of the industry. Committing more of your team to excel in producing virtual buildings using this technology will bring your firm into a future desired by public and private owners.

  • Marketing: the most successful firms going forward will devote funds to aggressive marketing campaigns that emphasize lean and efficient teams to help owners produce projects on time and on budget. There will be less emphasis on owners seeking costly overdesigned projects in the near term.

The total impact of the Covid-19 crisis will not become apparent until some time has passed. But following the prescriptive laid out above will help ensure that your firm comes out of these difficult times on a more solid financial and profit-oriented basis. Taking these steps will enable you and your fellow principals to lay the groundwork for longer-term growth when the market stabilizes, ultimately leading to the next construction boom.

Facing Down Fear in the Face of the COVID-19 Pandemic

Barely two months ago I sent out to friends and colleagues my annual blog designating the phrase, “new normal” as the “Phrase of the Year”. I noted that we were being called upon to address problems such as the growing income inequality in our nation; that our political and economic policy will need to deal with 98 million aging baby boomers; that widespread unemployment will arise as robots continue to threaten the jobs of millions over the next few decades; and, that water may run out for those living in the South and Midwest.

While I might have been on target with selection of the phrase “new normal” I was cosmically distanced from anticipating how far beyond those events of the past years we would travel by the end of the first quarter 2020. Who could have predicted that a pandemic of the proportions of that with which we are dealing could have reached our shores within months and threaten millions of lives and the virtual economy of the United States?

We have all seen the dire predictions of how devastating this virus can become. “We’re looking at something that’s catastrophic on a level that we have not seen for an infectious disease since 1918”, said Jeffrey Shaman, a professor of environmental health sciences at Columbia University. “And it’s requiring sacrifices we haven’t seen since World War II. There are going to be enormous disruptions. There’s no easy way out.” The 1918 Spanish influenza killed 675,000 in the U.S. including 30,000 New Yorkers.

Much credit was given to the then City Health Commissioner, Royal S. Copeland, who mobilized every public health measure possible along with a vast network of social workers, labor unions, medical researchers, feminists, progressive activists and a massive nursing crew led by Lillian Wald, who went on to become the founder of today’s Visiting Nurse Service. How these citizens rallied to the cause was the compelling story to arise from such a disastrous threat to the city and the nation.

Today, we face an equally challenging situation. Our nation confronts not only a medical threat that could kill millions if not aggressively addressed by strict quarantines but one that will, most certainly, throw two million or more people out of work for months if not a year or more. Businesses are already threatened with bankruptcy, from the closed factories that power our worldwide manufacturing capabilities to the hundreds of thousands of small businesses in cities and towns across the country.

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In speaking with dozens of business colleagues, clients and friends this past week I discerned two common themes that wove through our conversations: (1) a state of sheer uncertainty about the impact that “social distancing” and what work at home requirements will mean for our city and country; and (2) the sheer terror at how seemingly unprepared, our society and business community has been for such an occurrence.

Our national leaders have shown a vague sense of how our nation was prepared to cope with a silent killer that seemed to come out of nowhere and somehow reached the farthest and most inaccessible parts of our country and our world (“How could someone like Tom Hanks and his wife, Rita Wilson, catch the virus in Australia, for God’s sake” said one friend. “What will all this mean to our thriving real estate market once it is all finished?” asked a successful real estate broker.)

I found that I could not sugarcoat a situation that clearly, to my mind, will entail vast economic harm to small businesses lacking capital or to the largely “mom and pop” supply chain of contractors, suppliers, manufacturers and vendors that make up our $1.5 trillion a year construction industry. I suggested that this complex of events may well lead to a “new normal” realm of how we rebuild our businesses, restore faith in our government and sensitize us to the importance of protecting our fragile ecosystem.

I mentioned to several friends and colleagues that our society was not intended to be totally devastated by a virus of this proportion. In “A Guide to the End of the World” (Oxford University Press) by Bill McGuire, we are told that “as long as we are all confined to a single solar system, the long-term survival of our race is always going to be tenuous.” He points out the real threats posed to our planet by climate change, geological threats such as volcanic eruptions, earthquakes or collisions from comets and asteroids that will put us in serious jeopardy over the next one hundred years. But, he concludes after a detailed recitation of these serious threats that

“Our species and those that follow may be knocked back time and time again in the short term, but provided we learn to nurture our environment rather than exploit it…perhaps we have the time to do and be almost anything. Maybe now is the right time to start.”

We are too resilient a nation to be set back irreversibly by biological disease that can be addressed if we take the necessary steps to minimize its effects. I have been led to believe that this event is meant to make us much more aware of how important it is to work together to protect our fragile environment and the institutions we have painstakingly built to be there for us during times of national uncertainty.

The past few days I reminded my children and friends that:

  • Our nation will stand and return stronger. Of that I am certain.

  • Our fundamental institutions are resilient enough to form a protective link that will enable us to muster the resources to halt the disease before long. Of that I am certain.

  • Our fellow citizens will rise to whatever challenges they are called upon in these difficult times. Of that I am certain.

  • When this is over we will still have standing the framework for continuing to rebuild our economy and continue to build a better world for our children and grandchildren. Of that I am certain.

I could not help but recall the words of President John F. Kennedy, a veteran of World War II and a hero who saved the lives of his naval compatriots aboard PT 109 who, when asked to define "courage" stated that it was "grace under pressure". I would call on each of us to heed those words in these times. Recognizing that the current time may find us under increasing pressure – and assuredly matters will get worse before they get better – we need to exhibit our strength of character to those around us and, especially those less fortunate than ourselves.

Though sheltered in our home, Marla and I have committed ourselves to making dozens of calls each day to family and friends (Facetiming them if they have the technology) to provide words of encouragement and support and love when such support may be most needed. We want our time at home to be constructively invested in doing meaningful acts that will be the best spent time while sequestered.

The uncertainty of where we are heading is frightening and will likely pervade the thoughts of many in the months ahead. But it has become more important than ever to recognize and accept that there is little we can do about these events other than to obey the dictates of the professionals and extend ourselves to those around us albeit through social media and phone calls.

In my January blog announcing the phrase of the year, I concluded with these words, which sound more prescient today than two months ago:

“So, here is my advice to each of my friends and colleagues around the country. Let’s all acknowledge that there is much over which we have no control. Worrying about what we cannot control is a decidedly frustrating and anxiety-producing activity. The nature of our lives and, in fact, the future of our nation, lies within those actions over which we can exercise some control and, in the final analysis, those issues we deem worthy of taking into our own hands.” 

“Spend 2020 doing constructive thinking and performing worthwhile acts that will deal, in the most positive sense, with the “new normal” that will most decidedly be part of our lives for years to come.” 

Be strong for those who are looking to you for your strength. 

As always, I look forward to your thoughts and comments on these words.

Identifying Signs of the Distressed Construction Project

All too often we see headlines about large construction projects in states of virtual distress. Projects — such as the Big Dig or New York City’s Calatrava Transit Hub — that incur multi-billion cost overruns and years-long delays come immediately to mind.

But today’s real estate developers, corporations, or small school districts that plan construction projects are equally at risk of having those projects come to a partial, if not complete halt, jeopardizing completion, and costing owners millions (sometimes tens of millions) of dollars, that may never be recovered.

A prime example was the case of a recent distressed project for an institutional client at the heart of our cultural community where I was called in to address major construction issues. In repurposing the original structure built in the 1960s, the owners’ intent was to expand the internal structural configuration, simplify navigation throughout the complex, and completely revise the complicated electrical, mechanical, and plumbing systems to meet new functions of the organization. All this was to be accomplished within a five-month construction phase to open for a commemorative anniversary.

Yet, there were early warning signs of impending doom:

  • Lowest bidders. After interviewing five capable construction managers (CMs), the owner chose the lowest bidder for this $15 million project who, inexplicably, had no prior experience in this building type.

  • Last-minute changes. During the one-year pre-construction period, the owners continued to revise elements of the design such that subs did not receive final bid packages until weeks before construction was to start. This precluded full coordination of the trades, leading to massive problems during construction and clashes between mechanical, electrical, and security systems in the walls and ceilings.

  • Not securing permissions. The owner’s rep team fumbled securing a critical permit that ate up the first four weeks. This fact alone should have triggered an immediate schedule extension. However, an inexperienced project manager assigned by the CM only requested a change order for additional overtime payment for the trades and kept the original five months schedule as is!

  • Fudging schedules. (And budgets.) Despite learning that the steel fabricator had incurred a five-week delay in installing the new internal structure, the CM hid this fact from the owner team, and continued to issue regular monthly schedules showing the project was to be completed as originally planned!

To recover all that lost time, the CM secretly authorized its trades to undertake massive overtime and premium time costs without securing authorization from the owner!

When the project hit the scheduled completion date, the anniversary party of esteemed guests saw an unfinished construction site; the list of incomplete and defective work totaled nearly 75 pages and $3 million.

I provided the Board an overview of the problems they had allowed to get out of hand: For a $15 million budget to get built in five months required that an average of $3 million per month had to be accomplished with time allowed for inspections by the city Department of Buildings. When the first two monthly requisitions showed the subs had completed only $1.7 million of work, the project should have been halted for a “resetting” and the scheduled anniversary party canceled until these problems were resolved.

With all the work seemingly proceeding, no one on the owner’s side blew the whistle on the CM’s project manager. Despite working with the team during the pre-construction phase, he quit five weeks before construction commenced. The owner team had originally acquiesced in the appointment by the CM’s CEO of a novice project manager who later admitted that “he lost control of the project six weeks after it began.”

Progress photographs showed that much of the complex electrical, mechanical, and security systems work had not been done correctly, was sloppily managed, and showed few signs of coordination.

The CM was then given a choice: either agree to be terminated for default and face a lawsuit for over $3 million or agree to complete the balance of work as well as do all corrective work (overseen by my office and the owner team) for the balance of the original contract sum. The CM stayed on the job, assigned two highly experienced project managers, and had the trades do the corrective work through completion.

All distressed projects start out just like successful ones; the difference is that successful projects begin with the right team and processes already in place — that are followed faithfully. The distressed projects do not proceed without signs of trouble — they only need experienced oversight to identify and address it early.