3.3.6.2 Assignment of Risk

Once the risks associated with an initiative have been assessed, these risks should be assigned to the entity best able to manage them most cost-effectively. Almost any risk can be transferred, if the proponent is willing to pay for this risk transfer. Decisions related to which risks an entity will retain and which it will transfer will dictate to some degree which financing and procurement model an entity may use to develop its infrastructure initiative.

The following chart can assist in allocating risk between/among potential initiative partners.

Figure 3.5 - Risk Assessment Guide

RISK

APPLICABLE TO THIS INITIATIVE?

WHO ASSUMES THE RISK?

Yes

No

Private Sector

Public Sector

Policy Risks

Change in government policy

Change in legislation

Site Risks

Appeal of legal ownership of the site or rights of way

Above market acquisition price

Unexpected due-diligence costs

Cannot secure financing for the acquisition of the site

Previously undiscovered environmental problems

Previously unknown geotechnical stability concerns of the site

Increased costs in municipal applications

Higher-than-expected municipal requirements to rezone the site

Delays

Longer-than-expected time to find appropriate site, close purchase or municipal process

Land assembly increases the probability of delays occurring

Design Risks

Scope creep-wrongly specified requirements or misinterpretation of design

Mechanical, electrical and Heating, Ventilation and Air Conditioning (HVAC) systems are not designed according to sponsor's specifications

Default of consultants

Construction Risks

Higher material and labour costs due to inflation

Construction delays-labour strikes, shortage of labour, scheduling, weather, safety violations, delay in receipt of material

Construction takes longer than expected (due to poor understanding of construction process)

Default of contractor risk

Subcontractor risk-associated with a default by a subcontractor-will need to make emergency provisions and additional costs in finding replacement

Higher-than-market construction costs

Liability Risks

Legal liability of ownership

Operations Risks

Higher-than-projected operating costs-due to error in estimates used in pro forma

Higher operating costs due to inflation-utility and maintenance

Occupancy risk-lower or higher requirements

Higher asset management and overhead costs

Default of property management

Disruption of building use due to unforeseen circumstances-force majeure, equipment failure or utility stoppage

Capital Repairs

Capital maintenance of building structure and systems

Overlooked design, construction and manufacturing defects or design elements cause unexpected problems

Periodic maintenance not performed when appropriate, which increases probability that the building underperforms (higher utility costs) and the residual value depreciates more than if it was properly maintained

Technology changes impacting delivery of building automation systems

Legislative and/or government occupancy requirements (i.e., accessibility) may lead to changes to the tenant improvements or base building

Investment Risks

Tenant default

Releasing/vacancy risk at end of term

Market conditions change, affecting market value of the property

Expropriation

Interest rate increases or fluctuations

Financial structure risk

Residual value-uncertainty of the value of the physical asset at the end of 20/25/30 years

Other Risks

Re-leasing risk at the expiry of the lease

Default of developer/investor

Higher corporate, capital or other taxes or entity (such as a pension fund or not-for-profit entity) becomes subject to taxes