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PPP LCH
Private partner’s risk response in projects
PPP low-cost housing projects
Surangkana Trangkanont and Chotchai Charoenngam
Department of Construction, Engineering and Infrastructure Management,
Asian Institute of Technology, Pathumthani, Thailand
67
Received 5 February 2013
Abstract Revised 26 April 2013
Accepted 2 May 2013
Purpose – The purpose of this paper is to identify the salient risks borne by private firms and to
investigate their effective risk response strategies in public-private partnership (PPP) low-cost housing
(LCH) projects in Thailand.
Design/methodology/approach – The paper employs grounded theory and case study
methodologies to extensively analyze ten private firms’ risks and their strategic risk mitigation. As
a result, the matrix of imperative risks’ root causes and the area of the project life cycle most exposed
to their impacts were proposed. This included the framework of the risk response strategy application.
Findings – The private firm’s risk mitigation strategies depended on the salient risks’ impact and the
private firms’ predictability and controllability of the risk outcome. This included the private firm’s
participating objectives and core business, decision maker’s risk attitude, risk perception, experience
of risk, and risk assessment skill, and the project life cycle phase of risk occurrence.
Practical implications – Under the same characteristics of the immature PPP market in developing
countries, the contractors’ effective risk management framework can be used as a guideline to
complement the contractors’ decision making on risk response strategy selection and resource
allocation in the PPP project life cycle.
Originality/value – Despite working under the familiar environment of construction risk and
generous payment method in PPP-LCH projects, only few contractors were successful. The
examination of risks borne and effectively responded by the private sector increases the likelihood
of the project success.
Keywords Thailand, Public-private partnerships (PPPs), Low-cost housing (LCH) projects,
Private firms, Risk response
Paper type Research paper
1. Introduction
A shortage of decent and affordable houses within a livable environment for urban
low-income groups (LIGs) has challenged both developing and developed governments
(UN-HABITAT, 2009). In order to solve the housing crisis, the governments have
adopted a variety of public-private partnership (PPP) project procurement methods to
deliver the houses (Abdul-Aziz and Kassim, 2011). However, many empirical studies
demonstrated that most PPP housing projects, especially in the developing world,
failed to enable urban LIGs to achieve housing accessibility (Gough and Tran, 2009;
Sufian and Mohamad, 2009; Susilawati and Yakobus, 2010; Waibel et al., 2007; Yap and
Wandeler, 2010) because various kinds of risk emerged at the different stages of the
project life cycle (Zhang, 2005a).
Thailand, one of developing countries, has faced an urban housing crisis since
the 1980s. In 2003, approximately 5,500 low-income communities with 8.25 million
inhabitants lived in poor quality and insecure houses in 300 cities (Boonyabancha,
2005). To alleviate this problem, the government introduced the first explicit housing Property Management
Vol. 32 No. 1, 2014
policy called the Baan Ua Arthorn (“we care”) program. The National Housing pp. 67-94
r Emerald Group Publishing Limited
Authority (NHA) was designated to be the program’s owner and sponsor. The program 0263-7472
target was to construct 601,727 low-cost housing (LCH) units nationwide within five DOI 10.1108/PM-02-2013-0008
PM years (2003-2008) (NHA, 2003). The NHA adopted the PPP method known as “turnkey”
32,1 to deliver LCH projects for urban LIGs.
Under the turnkey contract, the NHA motivated the private sector by guaranteeing
to buy 100 percent of project houses and providing an attractive payment method.
The advance payment was based on the number of housing unit quota rather project
houses. The NHA also paid for the land acquisition cost after the project proposal
68 was approved. After that, traditional progress payments were followed. These
payment methods aimed to support the contractors by easing up on their familiar risk
environment of a traditional project procurement approach such as construction risk.
The private sector’s obligation was to deliver the completed projects to the NHA on a
specific date. Because of these attractive investment environments, 98 private firms or
contractors participated in the program in order to develop 232 PPP LCH (hereinafter
called PPP-LCH) projects nationwide. The project size ranged from a minimum of
93 units to a maximum of 5,872 units (NHA, 2010).
The NHA adopted the turnkey method in order to achieve time saving and certainty.
The NHA expected the private sector to bring its innovation and efficiency to develop
the projects. However, despite working under the familiar risk environments and
generous payment method, there were only ten contractors whose entire projects
met the contract schedule. Among them, only three private firms undertook more
than three projects (NHA, 2010). Most contractors lost, while some went bankrupt or
were prosecuted. What kinds of risks caused the private sector, a core entity, to
underperform and how could only few successful contractors achieve the standard
of construction performance. These questions were then considered to be studied.
Consequently, this paper aims to identify the important risks and how they affected
the private sector’s performance in the PPP-LCH projects in Thailand. The successful
and unsuccessful practices of the contractors were studied in order to propose an
effective risk response framework. The findings are useful to private participants
aiming to participate in the PPP projects in other developing countries owing to the
same characteristics of an immature PPP market.
To identify the risks influencing the project’s success/failure, it is imperative to
define success attributes. The success criteria considered is based on the common
goals of the project development, which consists of meeting contract schedule,
budget, and specification. This includes the project objectives of completion
and profitability, and the corporate strategic goals of profitability, creditability, and
market share expansion. These success criteria were selected because they are
hierarchically interrelated in the private firm’s success determinants in the
organizational strategic plan.
Government Private
subsidy placement
(18%) (82%)
Project A1-An
Turnkey contract
Loan Project B1-Bn
agreement
Lenders Private firms
(project development) Project C1-Cn
Project D1-Dn
Land acquisition
Construction contract
agreement ..
.
Contractors Land owners
Project ...1-...n
Figure 1.
Supply contract
The contractual structure
of PPP-LCH projects Suppliers
Design and Project Completion phase
Conceptual and Preplanning phase Contractual, Financing and Land Acquisition phase
Construction phase
6
Project land
acquisition &
cost payment 5
Turnkey
15%
2 contract/
performance
Off take
bond Milestone
L/G 5% of housing quota units for bid agreement
bond and contractors’ prequalification progress
payment
Securities or asset deposit Sale and Rent-to-own
4 purchasing agreement
Project location selection and SMT or presale 7 Inspection agreement
Contractors
The No. of project housing reservation double
number of project housing unit construction
Design
and Mortgage loan
Construction agreement
3
Tender
Target group Bid bond 8
prequalification
deposit on and quota PPP-LCH NHA
quota basis contract Project transfer
projects
with 2 years of
performance
1
5 guarantee
Express of Bidding 15% advance
Interest document 15% advance
payment bond
review payment on
on quota basis
quota basis
deposit
NHA’s guarantee
NHA repurchasing of
default risks
Public
agency
designation
Government housing
policy Government
Ad hoc project
approval Bank
procedures
projects
of risk investigation in
The analytical framework
Figure 2.
development
71
PPP LCH
PPP-LCH project
PM an expression of interest letter and reviewed the bidding documents. This included the
32,1 preparation of bonds for the project participation. The prequalification of private firms
mainly relied on its financial capacity. The government supported the projects by
constituting fast track project approval procedures during the project execution
and providing the ad hoc housing finance to LIGs through government banks.
In the project contractual phase, a contractor deposited the security of 5 percent of
72 LCH unit quota value to the NHA as a bid bond, and submitted the implementation
plan and innovative construction method. Then, a quota contract was signed. There
was no competitive bidding. Only the certified location and presale or soft market test
was needed for project approval. Once the location was approved and presale presented
that the number of demands doubled the number of the constructed housing units, then
the turnkey contract was signed. A 15 percent performance bond, based on project
value, had to be deposited to the NHA.
In the financing and land acquisition phase, the qualified contractors had to deposit
15 percent of the advance payment bond if they required advanced payment. In addition,
100 percent of land price was paid for land acquisition at the project contract approbation.
Finally, at the construction phase, the traditional progress payment was adopted.
During the project design and construction phase, the NHA stipulated output
specification and provided housing prototypes to the contractors. The roles of NHA
staff shifted from full-time supervision to inspection. The contractors mobilized
its innovative construction technology to structural design and construction. This was
facilitated by fast track procedures of environmental impact assessment (EIA), facility
installation approval, and the project permission from the local authorities.
After the project completion, the project was transferred to the NHA. The
contractors guaranteed for latent defect correction due to poor workmanship for two
years. The NHA sold the houses to the beneficiaries registering in presale activity and
acted as a coordinator between government banks and the beneficiaries. The NHA
also repurchased the housing units in the case of the beneficiaries’ default. Besides,
“rent-to-own” agreements were made available to ensure the LCHs had been delivered
to the beneficiaries.
4. Research methodology
To achieve the research objectives of identifying imperative risks and how they
affected the private sector’s performance and investigating effective risk response in
the project development, the effective and ineffective practices of the contractors were
explored by using grounded theory (GT) and a case study. Risk involves an activity or
decision and risk management must be optimized (Akintoye and Chinyio, 2005).
The study involving human decision making and action is complicated. GT method is
suitable because it is renowned for its application to human behavior. Under this
method, the conditions of specific settings, which lead human to make decision and
action, are considered. GT also has a set of established guidelines for generating
cause-and-effect relationship. These guidelines are consistent with the major research
interest which lies in the identification, categorization, and exploration of the
connection of contractors’ risk and risk response. Thorough GT analysis is an iterative,
process-orientated, and analytical procedure. The procedure involves systematically
asking of generative and concept-relating questions, memoing, theoretical sampling,
systematic coding procedure, and constant comparative method until theoretical
saturation is reached (Strauss and Corbin, 1994, 1998). Meanwhile, the case study is
applied to explore the phenomena of the contemporary situation (Yin, 2003). Each
contractor or project firm was a unit of analysis. Thorough data analysis PPP LCH
employs the GT coding strategy and cross-case analysis to identify imperative projects
risks borne by the private firms. Then it is followed by the logical diagram technique
to understand the dynamics of those risk occurrences in order to provide an
insightful explanation. The investigation of effective risk management was done in
a similar manner.
A Public building construction 400 Jan. 2004-Nov. 2007 6 (5,056) Project manager
B Concrete production 126 Apr. 2004-Apr. 2006 3 (6,364) Project director
C Property development 20 Apr. 2004-Dec. 2006 4 (7,320) Project director
D Property development and public 20/4,922 Feb. 2004-May 2008 23 (54,413) Project director/project
construction (consortium) director
E Property development 47,882 Sep. 2006-Feb. 2010 5 (6,324) Special project development
director
F Production of prefabricated rigid 300 Jan. 2006-Dec. 2008 3 (2,529) Senior admin. and
air ducts and light bulbs accounting manager
G Public infrastructure construction 300/7,000 Apr. 2006-Aug. 2009 8 (7,536) Project managerial
and Automobile dealer consultant
(Consortium)
H Property development 1,350 Feb. 2006-Jun. 2010 9 (16,112) Project manager
I Property development and 60 Aug. 2006-Feb. 2010 3 (4,619) Country manager
Construction
J Construction and property 30/120 Apr. 2006-Jun. 2010 2 (4,544) Project manager
development (consortium)
interviewees’ position
projects
Table I.
76
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32,1
Table II.
by open coding
Risk identification
in PPP-LCH projects
Company
Project development Total number of hits
phase Risk factors A B C D E F G H I J of a certain risk factor
(continued )
Company
Project development Total number of hits
phase Risk factors A B C D E F G H I J of a certain risk factor
(continued )
projects
77
PPP LCH
Table II.
78
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32,1
Table II.
Company
Project development Total number of hits
phase Risk factors A B C D E F G H I J of a certain risk factor
Table III.
sector’s performance
risks affecting private
The causal relationship of
the evolution of the salient
Contractual,
Conceptual and financing and land Design and Project completion The performance of
Risks Risk evolution preplanning phase acquisition phase construction phase phase private sector
Political changes Potential Ad hoc project Project subsidy Project design Sale and purchase Project delay and
problems or risk permission approval interpretation Project construction agreement cost overrun
occurrence procedures and housing Turnkey contract Project loss due to
on activity basis installment schedule project unit
Government housing Construction reduction
policy establishment technology Business loss due to
investment construction
technology
investment
Working capital
shortage
Risk impacts Contract termination Project cancellation/ Inconsistency
project unit reduction between LIGs’
Progress payment affordability and
delay installment
Inconsistency between
contract schedule and
project approval
procedures
Economic crisis Risk occurrence Project construction Sale and purchase Project delay
on activity basis agreement Project cost overrun
Risk impacts Suppliers’ inability to High unemployment
supply materials rate
LIGs’ low housing
affordability
(continued )
Contractual,
Conceptual and financing and land Design and Project completion The performance of
Risks Risk evolution preplanning phase acquisition phase construction phase phase private sector
Contractual risks Potential Ad hoc project Additional Project transfer Project cost overrun
problems or risk permission approval contractual clauses
occurrence procedures and housing
on activity basis installment
Presale or soft market
test (SMT) – artificial
demand
Risk impacts EIA guarantee
Sale performance
guarantee
Not allow the period
of performance
guarantee
NHA’s cultures Risk occurrence Project design Project delay
on activity basis Project construction
Risk impacts NHA’s delay in
construction activity
approval process
Lack of cooperation
between NHA and
other government
agencies
NHA’s lack of
supervision standard
NHA’s lack of
cooperation with
organization
(continued )
projects
Table III.
81
PPP LCH
82
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Table III.
Contractual,
Conceptual and financing and land Design and Project completion The performance of
Risks Risk evolution preplanning phase acquisition phase construction phase phase private sector
NHA’s Potential Public agency Project approval Project design Project transfer Project delay and
incapability and problems or risk designation Project construction cost overrun
inexperience occurrence
in PPP contract on activity basis
arrangement
Risk impacts NHA’s incompetency Incompetent NHA’s Competition among
and inexperience in PPP staff PPP-LCH projects
contract arrangement NHA lack of
understanding PPP
concepts
Inadequate capacity of
NHA’s staff
Specification
obsoleteness
Incompetent and Potential Bidding document Tender Project design Project delay and
inexperienced problems on review prequalification Project construction cost overrun
contractors activity basis
Risk impacts TOR misinterpretation Incompetent and Design over-
Specification inexperience specification
misinterpretation contractors Lack of cost control
Inability to manage
lead time
Inconsistency between
production and
construction work
Lack of construction
technology knowledge
Similarly, the process of private sector’s strategic risk management and PPP LCH
implementation was analyzed by using GT and a case study. The contractors’ risk projects
response strategies and implementations, including project and business performance,
were demonstrated and compared in Table IV. The contractors familiar with the
construction industry and the entrants preferred risk absorption strategy to others.
The entrants desired to learn by doing because they underestimated risk impacts.
The private developers preferred the risk transfer strategy. These results implied that 83
risk response strategies depended on the private firm’s core business, objectives, and
capabilities. This included top management’s perception, attitude, and experience on
risks. Consequently, the logically systematic process of private firms’ effective risk
management was depicted in Figure 4.
5. Results
5.1 The evolution of imperative risk borne by the private sector
According to the matrix of risk’s root causes and the area of the projects most exposed
to the effects of the imperative risks, the potential problems of political changes derived
from the fast track of project approval procedures which were set up during the
preplanning phase. Their impact occurred in the project execution and completion
phase. Similarly, the potential problems of contractual risk lie in the ad hoc project
approval procedure of EIA permission (whose traditional approach is costly and
lengthy) and presale activity in the preplanning phase. The impacts of contractual risk
played an important role in the completion phase. In contrast, the activities creating
potential problems or being risk occurrence of economic crisis, NHA’s culture, and
incompetent and inexperienced contractors and their impacts mostly lie in the
same phase. These risks were unexpected. Their occurrences and impacts cannot be
distinctly separated.
According to NHA’s incapability and inexperience in PPP contract arrangements,
some activities causing potential problems and their impacts were in the same phase.
The consequences of these risk occurrences were unforeseen. Contractors tolerated
the uncontrollable situation of conforming to NHA inspection in the design and
construction phase and competing among the various projects during the project
completion phase. Among these risks, the impact of political changes had an effect on
the private sector’s project and organizational objectives. Meanwhile, the other risks
affected only the efficiency of project development.
Table IV.
performances
The contractors’ risk
implementations, and
response strategies and
Contractor’s risk response strategies and implementation
Project development
Company Risk elimination Risk transfer Risk absorption performance Business performance
(continued )
Contractor’s risk response strategies and implementation
Project development
Company Risk elimination Risk transfer Risk absorption performance Business performance
(continued )
projects
Table IV.
85
PPP LCH
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Table IV.
Contractor’s risk response strategies and implementation
Project development
Company Risk elimination Risk transfer Risk absorption performance Business performance
No Implement risk Implement risk Symmetric risk sharing Propose compensation Symmetric risk Propose compensation
absorption strategy transfer strategy with subcontractor for risk cost to the client sharing with for risk cost to the
Unpredictable subcontractor client
consequences?
Set risk monitoring and Set risk monitoring and Compensate risk cost to
No Accepted by
controlling system controlling system the subcontractor Compensate risk cost
subcontractor?
to the subcontractor
Yes No Yes Project team selection Subcontractor selection
and designation criteria establishment Yes
No End of obligation
Select risk elimination strategy Risk absorption
Subcontractor evaluation
Budget allocation
and selection
Non-participation Organization objective reivew Future market
Allocating risks to Ex-post project risk evaluation
subcontractor
Construction as Profitability Project abandonment
core business? End of obligation
Accepted by
No
subcontractor?
Propose compensation Propose compensation
Risk absorption Risk absorption
No Yes for risk cost to the client for risk cost to the client
Yes
No Yes No Yes
Beyond
organization Award of subcontract Re-negotiation Re-negotiation
capability? with the client? with the client?
Yes No
Beyond expected Beyond expected
Unidentified risks Unidentified risks
risk impacts risk impacts
Select risk transfer strategy
Organization objectives of technology Risk monitoring Risk monitoring
transfer or new market penetration?
Design and Construction Project transfer
Select risk absorption strategy
projects
management framework
Figure 4.
Contractor’s effective risk
87
PPP LCH
in PPP-LCH projects
PM led to re-negotiation with the NHA for compensating risk cost. In the case of inability
32,1 to re-negotiate, risk mitigation of risk absorption strategy was to increase the capacity
of production and to improve the efficiency and effectiveness of resource usage.
For risk transfer strategy, risks were reduced by symmetric risk allocation to
subcontractors. If the subcontractors did not accept the risks, the organization
objective was reviewed to decide the next risk response strategy.
88 After the project completion, the risk monitoring, re-negotiation, and symmetric
risk allocation were implemented until the contractors were free from their obligations.
The review of organization objectives was omitted due to no harmful risks. The ex-post
project risks were evaluated in order to develop the project archives which were used to
identify and analyze risks in the future projects.
6. Discussions
6.1 Risks borne by the private sector
6.1.1 Political changes. The impact of political change, derived from the emergence
of a military coup, comprised of five main items, namely change to traditional EIA law
approval process, change to traditional facility and infrastructure approval process,
project unit reduction and project cancellation, progress payment delay, and inconsistency
between LIG’s affordability and housing installment. The establishment of opponent
government led to more traditional approaches of those approval processes, reinterpretation
of the project subsidy, and reduction of project housing units. Consequently, the delay of
projects and progress payments was widespread. Private firms suffered from investment
risk of project development and construction technology.
This finding reconfirms the studies of Tam (1999) in Thailand and Zou et al. (2008)
in China. Unstable governments had given contractors a painful experience within PPP
projects. On the other hand, the finding presents the difference between the political
risk allocation and risk bearing. The studies of unstable government risk allocation
pointed out that this risk factor should be solely allocated to the public sector (Bing
et al., 2005; Ke et al., 2010a; Roumboutsos and Anagnostopoulos, 2008) rather than
shared or allocated to the private entity.
6.1.2 Economic crisis. The impacts of economic crisis were composed of high
unemployment rate, supplier’s inability to supply material, and LIG’s low housing
affordability. The most important exogenous cause of economic crisis was the rise
of oil prices due to the speculation in the world market and interest rate escalation.
The fluctuation of energy price caused a change in the demand due to the reduction of
LIG’s purchasing power. It also affected the productivity of the projects. Furthermore,
the escalation of interest rates coupled with the conventional approach of housing
mortgage conditions, which arose from political change, brought about a demand
risk. As a result, the impact of economic crisis caused an additional clause of sale
performance guarantee bond and project delay and cost overrun. The demand risk,
which was solely allocated to public sector, become sharing with the private firms.
This consequence had never been identified in the previous studies.
6.1.3 Contractual risks . The impacts of contractual risks consisted of EIA and sales
performance guarantee bonds and not allow the period of performance guarantee.
Contractual risks were mainly derived from the additional contractual clauses due to
risk impacts beyond the public client’s capability and an unexpected risk. Contractors
were allowed to build the projects in parallel with a request for EIA approval.
The change in traditional EIA approval procedures made the NHA apprehensive of
contractors’ desertion of the EIA obligation because LIGs move into the projects.
The NHA therefore added the EIA guarantee bond clause into the contract. The period PPP LCH
of performance guarantee was not deducted. Furthermore, the unexpected risk of projects
artificial demand was claimed for the additional clause of the sales performance
guarantee bond. Actually, demand risk was mainly derived from the limitations of
housing mortgage and economic crisis. Owing to the contractual clause of “The NHA
has a right to add the agreements, if it is to the NHA’s benefit,” the contractors had to
abide by the amended contract. This clause and artificial demand have never been 89
mentioned in the PPP studies. Most contractual risk in the previous studies pointed out
the ambiguous agreement (Abdul-Aziz and Kassim, 2011), conflict or imperfect
contract (Chan et al., 2011), lack of project termination clause (Heravi and Hajihosseini,
2012), and improper contract (Ke et al., 2010a). Demand risks in previous studies
were derived from competitions due to lack the rights of the project executive and
market demand change due to change of socio-economic and demographic conditions
(Chan et al., 2011; Ke et al., 2010a).
6.1.4 NHA’s culture. The impact of NHA’s culture consisted of lack of cooperation
within the organization and with other government agencies, lack of a supervision
standard, and NHA’s delay in the construction activity approval process. Thai cultural
values are reflected in terms of ego-orientation and the expectation of people to be mild
and modest (Knutson et al., 2003) and resulted in the high autonomy trait of the NHA’s
staff. NHA staff demanded that their interpersonal communication should not be
placed in an embarrassing or shameful situation. These cultural values coupled with
inexperience in PPP project arrangements brought about NHA staff’s non-cooperation
within the organization. The NHA therefore lacked a supervision standard. In addition,
public agencies’ cultural traits, in terms of “self-preservation” (Gallimore et al., 1997),
coupled with NHA’s lack of understanding of PPP concepts and multi-faceted roles
caused some NHA staff to follow the traditional procedures. Consequently, private
entities incurred excessive time and cost.
6.1.5 NHA’s incapability and inexperience in PPP projects. The impact of NHA’s
incapability and inexperience in PPP projects consisted of its lack of understanding
PPP concepts, competition among PPP-LCH projects, and incompetent and inadequate
capacity of NHA staff. Lack of understanding PPP concepts caused NHA to organize
the contractors’ presale activity in the same region in the preplanning phase.
Rather, the NHA should have had the quantity of demand projection in each area in
order to control LCH supply in the contractual phase. Consequently, the projects were
competing with one another in the completion phase. In additional, the policy
pressurized NHA to suddenly increase the mass volume of LCH units nationwide. With
the existing capacity, the number of projects inspected by each NHA staff was high.
During the project design and construction phase, the private firms therefore faced
several problems such as delay in revising and approving the design documentations.
The finding on public client’s incapability and inexperience in PPP project coheres with
the study of Sanghi et al. (2007), Mahalingam (2010), and Zhang (2005b).
6.1.6 Incompetent and inexperienced contractors. The impact of incompetent and
inexperienced contractors consisted of lack of construction technology knowledge for
mass production, inability to manage lead time, inconsistency between production
and construction work, TOR misinterpretation, lack of cost control, and design
over-specification. The participation of the private sector was expected to bring its
marketing skill and the innovative structural design and construction technology to
complete the project within a specified date. However, few contractors had mass
housing production technology knowledge.
PM Risks were higher for foreign contractors and subcontractors because of
32,1 unfamiliarity with the construction codes and business practice of the supply chain
in the Thai construction industry. This finding is consistent with the study of Rebeiz
(2012). Foreign private firms faced the problems of local practices. New domestic
contractors’ risks increased due to figuring out the market of the public infrastructure
provision, the procedures of request for approval, the integration of production
90 and construction works, and geotechnical conditions. The result of incompetent and
inexperienced contractors echoes the study of Chan et al. (2011). The inability of
concessionaire should be allocated to the private firms.