What Every Construction Attorney Needs to Know About Lean Construction

Janette Keiser | Keiser Group | November 11, 2016

1. What is Lean Construction?

Lean Construction is about adding value to your customer through the elimination of waste and continuous improvement of your business operations. Routinely, projects are late, over-budget or fail in some way to satisfy the client. The application of Lean Construction principles changes this. Projects using Lean Construction principles are completed on time, at budget and fully satisfy the client. Projects using Lean Construction are more profitable than projects where traditional methods are used.

Lean Construction was developed through the best thinking of several 20th century thought leaders and industrial practitioners, including:

a. Henry Ford, the father of the modern assembly line. Mr. Ford develop a production              assembly process that enabled his factory to systematically produce automobiles              faster than what was being done in craft plants where cars were made one-by-one.

b. Mr. Taiichi Ohno, who took the Ford assembly line processes back to Japan and                made them even more efficient by developing processes to eliminate waste, such as          the 5S program and application of continuous improvement processes.

c. Dr. William Edwards Deming who developed Total Quality Management processes            into an international movement.

d. Dr. Glenn Ballard and Gregg Howell, PE, MSCE, two university professors and                  construction industry practitioners, who invented the Last Planner System™, which            evolved traditional critical path network methods into practical applications for                      planning and monitoring field construction work.

2. Why do we need Lean Construction?

There are a variety of reasons why traditional construction processes need to be improved with the application of Lean Construction processes. First, traditional construction processes breed waste.1 For example, in traditional manufacturing, the work flow includes:

 Value-added activities 62%

 Support activities 12%

 Waste 26%

Only a little over half of the efforts involved in traditional manufacturing procuresses constitute value! The situation is even worse in traditional construction processes where the work flow includes:

 Value-added activities 10%

 Support activities 33%

 Waste 57%

Clearly, the construction industry needs to improve its operations to reduce waste and increase the value it brings to its work.

Second, traditional organizations have experienced a decrease in productivity over a period of forty years. In the United States from 1964 to 2003, non-farm labor productivity in the United States increased by more than double whereas construction productivity for the same time period decreased by at least 25%2 (computed by comparing a constant value of contracts with the number of work hours of hourly workers).

Third, traditional contract methods threaten quality. We see examples of this in every segment of the construction industry. For example:

 In 2010, a highway project built by the Washington Department of Transportation                experienced over $800,000 of waste when an east ramp and a west ramp, which                were supposed to meet and be joined into one continuous alignment, were off by 16            feet.

 Also in 2010, a project involving the construction of piers for a new bridge                            experienced $1.5 to $2 million of waste when the construction team discovered one            of the new bridge piers would be driven directly into a major sewer line if the pier was          installed as designed. The manholes for this sewer were visible on the surface and            the sewer line was shown on the as-builts. Despite these facts, the discrepancy was          not discovered until construction had already commenced.

 In 2001, a 27-story office, retail and condominium building was constructed in                     downtown Seattle at the cost of $32 million. Less than ten years later, the City                     officials and building owner determine that the building’s structural capacity has been         compromised by the improper application of the spray-on fireproofing. The city                     building department ordered the building to be demolished, a $32 million waste, not             including the additional millions of dollars wasted by demolition costs, attorney fees,           lost rents, lost opportunity and damages paid to building tenants who had leased                 space on the retail and residential floors.

Fourth, traditional contracts defy commercial reality. It is a fact of commercial reality that a party to a contract only performs well when it is in her best interests to do so. Most contracts use a system of risk allocation where one party or the other bears the burden of a risk. Typically, if any of the risks actually happen, the party to whom the risk was allocated pays the costs and if the party doesn’t have the financial wherewithal to weather this storm, the viability of the entire company could be put at risk. Clearly, a system that mitigates this risk would offer value to the industry.

Next, competition in this economy is stiff, often cut-throat. Not only are there more bidders now than ever because there are fewer jobs to bid on, but there are new players in every construction market segments. For example, legions of residential contractors moved from the vanished residential market to the public works market. Contractors are taking bidding on jobs at cost or even below cost, to get a job. This makes it hard for a hard-working company to compete fairly to get jobs and to make a profit on jobs that it does win.

Next, the work force is shifting. The traditional labor force is aging out and a new generation of construction workers is moving in. This creates personnel issues. On one hand, the younger workers have different expectations of their work environment. On the other hand, there are more and more workers for whom English is a second language. Managing this diverse work force is challenging under any conditions.

Further, today’s construction projects are more and more complicated. New technology and new tools are being developed and utilized to keep up with the increasing architectural and engineering complexity of today’s construction projects. For example, it is now common place to utilize Building Information Modeling (“BIM”) technology to lay out mechanical systems in vertical construction. Often, this is the only way the builders can be sure that all the systems will fit into a given space. Plus, there is an increased attention on safety and environmental compliance. These issues are governed by a complex net of local, state and federal rules and regulations. Projects are frequently multi-jurisdictional these days, either because they are so large in scope or cover such a large geographical area that no one agency can pay for or manage the project. Finally, the sheer urban density of many of today’s projects makes them more complicated as they have to work around existing infrastructure and development.

For all these reasons, we need Lean Construction to eliminate waste and enable us to build projects more cost effectively, more safely and more efficiently.

3. What are the benefits of Lean Construction?

The best way to appreciate the benefits of Lean Construction is to look at case studies where the principles have actually been used. A classic example involves two buildings constructed by Baker Concrete Construction (“Baker”)3. Baker introduced Lean Construction principles into the company by training a number of project managers and superintendents in Lean methods and referring to this team as a “Special Forces” team that would be employed on designated projects. As it happened, Baker got the perfect opportunity to demonstrate the effectiveness of Lean methods. It was issued a contract to design and build a building using pre-cast panels and a high degree of mechanical and electrical work. It did not employ Lean methods on that building. A few months later, the owner awarded Baker another contract for an identical building adjacent to the first one. Baker dispatched a project manager and superintendent who had been trained as part of the Special Forces team.

This team started employing Lean Construction methods into its project and continued using the methods until the project was completed. Then, Baker compared the metrics of the building upon which Lean methods had been employed with the metrics of the building which did not use Lean methods. The contrast was remarkable. The building that used Lean principles achieved:

 67% increase in safety performance;

 19% lower duration to complete the project;

 12% higher productivity;

 28% lower job costs; and

 68% reduced overtime at the end of the job to finish up the punch list and complete              re-work.

These accomplishments are significant! They are clearly enough to make the difference between a profitable job and an unprofitable job. Over time, they can clearly make the difference between keeping a construction company in the black and seeing it go into the red.

4. What are the Basic Concepts of Lean Construction?

Lean Construction is more than a philosophy or a state of mind; it is a system that utilizes specific processes, which increase value and reduce waste. Some of these processes have evolved from the manufacturing industry and some of them originated specifically within the construction industry. Either way, they have proven track records, whether used in combination or one at a time. Following is a brief description of the basic concepts which comprise Lean Construction and tools which can be used to implement each concept. Some of the methods are intuitive and some of them are not. The good news is that there is now a cottage industry of consultants who can provide training and coaching to help companies learn these tools. Many major construction companies have engaged consultants to get them started and then have developed in-house training programs.

A. Waste vs. Value. The basic over-reaching principle of Lean Construction is to                     eliminate waste and create value.

What is waste? Taiichi Ohno identified the following distinct types of waste:

i. Over production

ii. Waiting

iii. Inventory i

v. Moving materials, tools and equipment from place to place. v. Hunting for stuff vi.                 Re-work

vii. Processing

viii. Underutilized talent

Each one of these acts, failures to act or circumstances creates waste, which                     impedes the efficiency with which a project is build. Each one of these elements of             waste detracts from value and costs the project in time, money or effort.

What is value? Value is what the customer looks for in a project or a transaction and           it may not have anything to do with the effort it actually takes to build the project. For           example, in order to build a house, you have to order materials, wait for their                       delivery and when they are delivered, incorporate them into the house’s                               construction. The owner is probably happy to pay for the actual incorporation, but               would be less than happy about paying for the time spent waiting for the de livery.               The waiting does not add value. The customer does not want to pay for this. Smart             contractors will work hard to reduce the time spent waiting. Most projects have a lot           of this activity that does not add value, and instead constitutes waste.

In order to adopt Lean Construction principles, companies must understand what               customers value and focus on those efforts. One tool, which can be used for                       accomplishing this, is called Value Stream Mapping. It involves analyzing the steps             and information inputs that are required to deliver a product so that delays,                           inefficiencies and other waste can be identified. This tool helps create process                   improvement through the elimination of waste.

A tool which can be used to identify waste is the simple process of taking a Gemba           Walk. Gemba is the Japanese word for waste. A Gemba Walk is a deliberate walk             around the worksite to consciously look for waste – excess inventory here or                     disorganized workstations there. Both constitute waste and are easy to correct.

B. The 5 S Plan. Another basic concept of Lean Construction is the application of the 5           S plan to decrease waste and add value. The 5 S Plan, a development of Taiichi                 Ohno’s, is a standardized methodology of organizing the workplace. It includes the             following elements, which all start with the letter “S”:

i. Sort – sort through a target area and sort through the stuff. Pull out anything that                  you do not need there. If you aren’t going to use it in the next 30 days, move it out              of the immediate work area.

ii. Set in Order – have a place for everything and put everything in its place.

iii. Shine – clean and inspect items. Look for safety hazards or anything that could                  cause a breakdown and fix it. Everybody participates. Clean the jobsite. Keep                    tools and equipment clean and prepped for use. Remove dunnage and crating                    promptly.

iv. Standardize – have guidelines, policies or rules. Follow the rules and enforce                      them. Develop cleaning schedules and cleanliness standards to maintain the                      first 3 S’s. Maximize prefab prior to placement in the batch area.

v. Sustain – keep the effort going. Share lessons learned. Reward and recognize                   successes. Review the workplace regularly. Make it a habit. Expect to                                 continually evolve and improve the system.

 C. Work Flow. Another basic concept of Lean Construction is the concept of                           continuous work flow. The concept of work flow is based the standard industrial                 engineering principle, which provides that the reliability and predictability of an                     operating or production system is more important than the speed at which the                     system operates in achieving productivity. For example, at Boeing, the airplane                   production system once operated on a “batch” basis. This meant that one fuselage             would come into the plant and would stay in one place while the assembly workers             put it together. This system allowed Boeing to produce one airplane every 30 days.             Then, Boeing reengineered its plant to more of a “work flow” system. A fuselage                 would come into the plant, be placed into a slowly moving line and as the fuselage               “flowed” down the line the assembly workers would install the necessary parts and             equipment. The parts they needed would flow to the assembly site by material stock           workers as the assembly workers needed them.

This “work flow” system allowed Boeing to produce one airplane almost every day,             a tremendous increase in productivity.

This concept of “work flow” can be translated to the construction industry through               effective scheduling and work planning. The increases in productivity can be just as           dramatic.

D. Last Planner System™. A tool which has been developed by Greg Howell4 and               Dr. Glenn Ballard 5to facilitate work flow on construction projects is the Last Planner           System™. This is a scheduling system that goes beyond critical path methods and             focuses on “pull planning” to establish the work flow. With “pull planning” all the                   stakeholders to a particular element of work are collected in a room to discuss how             their work will be coordinated. The “last planner” is the person responsible for the               delivery of the end product. In the “pull planning” process, the last planner identifies             what efforts it needs from the other stakeholders, in order to deliver the end product.           For example, if the end product is a finished kitchen, the last planner might be the               cabinet installer. The cabinet installer would identify the predecessor activities that             must be completed before the cabinets can be installed. For instance, the sheetrock           must be done before the cabinets can be installed so the cabinet installer would                   identify this work as a need. Then, the sheetrock installer would identify what it                   needs before it can finish its work and so on. In this manner, a work schedule is                 built in reverse, from end product to each predecessor activity, which must be                     completed before the end product can be achieved, and where the people who will             be performing the work are integrated into the work plan process.

This is markedly different from a traditional critical path scheduling process where               the prime contractor develops the schedule, often in isolation from the trade                         subcontractors who will be performing the work.

One primary benefit of the Last Planner™ system is that it facilitates, in fact,                       demands, collaboration among the people who will be performing the work. The                   dialogue generated during a “pull planning” session is powerful because it enables               the various team members to identify problems early and work together to find                     solutions that will be cost effective for everyone. This system helps the team think,             plan and act as a team, instead of a collection of companies who have come                       together by commercial coincidence to work on a particular project.

Once the initial “pull planning” session is conducted, the team engages in regular                 mini-meetings, say 15 minutes, on a daily basis to monitor the work and make                     adjustments when required. Construction personnel, such as job superintendents,             who have been part of this process, say they will never go back to doing it the “old             way”. Implementing a “pull planning” system into a project is tricky because it                     requires a new mindset. But, again, there are consultant practitioners who can help             companies get started on individual projects as well as organize company-wide                   initiatives.

E. Reliable Promises. Another benefit of the Last Planner System™ is that the “pull               planning” method of scheduling work flow builds accountability and trust between               team members. This is because during a “pull planning” session, the various team             members are required to think through the promises they make to other team                       members so that only “reliable promises” are offered and accepted. A “reliable                     promise” is a promise where

i. The conditions of satisfaction are clear to both parties

ii. The performer is known to be competent and has the right tools.

iii. The performer has estimated and blocked out the time necessary.

iv. The performer is sincere and is authorized to commit to the promise.

v. Regardless of what the future holds, the performer will make good on the promise               or accept the consequences.6

There is a process for eliciting promises that are reliable and measuring whether                the promises are actually kept. This process involves analyzing whether the                        promise is realistic and whether there are any barriers to keeping the promise. This            process is taught as part of the Last Planner™ system.

F. The 5 Whys Analysis to ensure continuous improvement. Another basic concept          of Lean Construction is the practice of continuous improvement. This involves                    analyzing breakdowns in the system, which cause defects, failed promises and                  other performance failures and remedies those breakdowns. Processes have been            developed to help teams conduct the analysis, identify remedies and execute                      sustainable change that will improve the process. A key process is the “5 Whys                  analysis” of failures. In this process, the question “why” is asked five times in                     different contexts to understand why promises were broken, why defects occurred            and why failures were experienced. The point is to understand why failure occurred            so it can be prevented from happening again.

G. Cultural Change. While the basic principles and practices of Lean Construction                 can be applied in different ways in different organizations, one thing is clear –                       introducing and applying Lean Construction any organization, large or small,                       requires a cultural change if the principles and practices are to become sustainable.           Change is often perceived as a 4-letter word. Change isn’t easy, but it is necessary.           Dr. W. Edwards Deming, one of the century’s most influential proponents and                     teachers of organizational change for purposes of adding value to industrial                         processes said, “It is not necessary to change. Survival is not mandatory.” that is,             organizations that fail to change put their own survival at risk.

Any cultural change requires the presence of several key factors, which if they are             missing, will mean the chances of successful, sustainable cultural change are zero             to none.

i. Leadership is crucial. If the executive leadership is not fully, 100% committed,                      even passionate about making and sustaining any kind of organizational change, it              will not succeed. Further, it can’t be commitment in name only. Organizations have              personalities just like people and as a general rule they are pretty smart “people”.                They can sense when the leaders don’t “walk the talk” of a new initiative or when                a new idea is the “flavor of the month”. Anything but complete, candid, and                          transparent commitment will be met with resistance, backsliding and even scorn.

ii. Leaders must be effective “agents of change”. It is not enough for the leaders to                  be committed to change; they must have the capacity to effectively lead the                       change. There are best practices, which experience has shown can help achieve               and sustain long term change. The leaders need to understand these principles                   and be able to effectively employ them. This doesn’t mean the leaders can’t have               help. Quite the contrary, most effective organizational change initiatives are                         facilitated by consultants or other people who are outside the organization’s                         mainstream. However, the leader needs to recognize when to bring in outside                     help and how to find and utilize outside help effectively.

iii. Organizations must become “learning cultures”. The personality of the                               organization must become open, receptive and welcoming to change. The                          processes for teaching and practicing change must be institutionalized within the                organization. Individuals who authentically learn, practice and become proficient                  with change must be rewarded and those who resist or even sabotage change                    must be re-educated, replaced or encouraged to self-select out.

iv. Workers must be able to deliver “bad news” without fear of retribution. Learning                cultures must be authentic and not afraid to identify and share bad news. This is                  because bad news can only be addressed and converted into positive outcomes                if it gets into the open. Yet, many organizations don’t hear about bad news                            because their people are afraid they will be blamed and suffer some loss if they                  bring bad news forward. Individuals must feel that they can delivery bad news                    without fear of being blamed.

     H. Advocates. Lean Construction is actively taught, promoted and utilized by some of             the most prominent and influential players in the construction industry. These                       advocates span the regional, national and international construction market.                         Representative examples of prominent advocates include:

i. The Association of General Contractors (“AGC”) has created a Lean                                    Construction Forum7 to teach and serve as an advocate for lean construction                     principles.

ii. Sellen Construction is a regional general contractor in the Pacific Northwest,                     which is utilizing Lean Construction principles on health care projects and which                 has initiated training programs to teach Lean Construction principles to its                           employees.

iii. Turner Construction, is a national general contractor, introduced the Last                           Planner System™ on one of its large projects, the Miami Intermodal Center,                         when the project was already 30% into construction. The firm estimates that                       before using the Last Planner System, the project team was achieving an                           average labor cost of $23,000 per month. After implementing the Last Planner                     System, they were achieving an average labor cost of $13,000 per month. This                   is a dramatic turn-around, which could easily mean the difference between a                       profitable job and an unprofitable one. Turner Construction has institutionalized a                 Lean Construction training program into its own organization.

iv. Skanska, a global general construction firm that builds heavy civil and vertical                   construction projects, has adopted Lean Construction in some of its operations                   in the United States.

v. The Lean Construction Institute (“LCI”)8 is an international, non-profit                                 organization devoted to the advocacy, training and practice of lean construction                  principles. The LCI recruits members and sponsors to support its activities,                        which includes research, collecting case studies, development of resources and                annual meetings, where practitioners, academicians and advocates gather to                      share information and strategies.  Further, the LCI has chapters in over 35 states                and the number is continually growing. The individual chapters offer training and                  support advocacy of Lean Construction principles. Many of the trainings are co-                 produced by other members of the construction industry, such as the Architects                  Institute of American, the Construction Management Association of American,                    the Construction Users Round Table, etc.

vi. The LCI even has a program designed to address the special needs and                           interests of owners, the Lean in the Public Sector (“LIPSI”) chapter, which has                   international participation from Lean practitioners in Finland, Germany, Australia                   and other countries.

vii. The entire construction industry in Finland, reported at the December 8 -10,                      2010, meeting of LIPSI, has adopted an industry-wide initiative to go Lean!                          That’s commitment, vision and leadership.

Indeed, the broach reach of advocates for Lean Construction demonstrates the                  broad appeal of an initiative that promotes efficiency, reduces waste and                              increases profitability. These players, the general contractors, architects,                            engineers and other industry representatives are not in the business for their                      health or good looks, but to make money as well as improve their ability to                          demonstrate and deliver value. You can be sure they would not be remotely                        interested in Lean Construction principles, let alone advocating and teaching the                  principles to their own employees if they didn’t think so doing would help them                      make more money or otherwise add value. That is perhaps the best testament to                the initiative’s potential.

Conclusion:

There have been many programs and initiatives over the years that have promised to make the construction industry more efficient, more user-friendly and more profitable. Most of these initiatives come and go or are imposed by government regulation, without any real hope of achieving positive outcomes. However, Lean Construction is different.

First, it was born out of frustration and dissatisfaction with the status quo of inefficiency and waste. Further, the current economic climate demands that to survive, let alone thrive, companies must become more competitive. These factors mean there was is strong motive for change.

Second, many of the basic principles of Lean Construction evolved from proven principles utilized for many years in the manufacturing industry. These principles are not flashes in the pan. They have a long track record of success.

Third, there is a growing record of success by prominent industry players and a growing movement to expand on this record by institutionalizing Lean Construction into organizations that are not only regional, but national and even international in scope.

Finally, support for Lean Construction principles is growing and has become international in scope. This growing body of knowledge and advocacy is crossing industry, geographical and political sectors become multi-disciplinary and multi-cultural in its application.

Clearly, Lean Construction as a movement is gaining ground. It’s not a quick or easy solution, but it is effective and can be sustained within any construction organization if introduced and maintained as an element of organizational growth and change. Further, Lean Construction means and methods do not need to be introduced to a project at the inception to achieve positive outcomes; Lean tools can be introduced at any point along the project’s timeline to increase value and decrease waste.

_____________________
1 These statistics were quoted by Dennis Sowards, Quality Support Services, in his July 14, 2010 presentation Overview of Lean Construction – Building Knowledge in Design and Construction. Mr. Sowards attributed the data to the Construction Industry Institute.

2 Reported by U.S. Department of Commerce, Bureau of Labor Statistics

3 This case study was presented at a meeting of the Cascadia Chapter of the Lean Construction Institute on October 5, 2010, by David MacNeel, LEED AP, Operations Manager, Baker Concrete Construction.

4 Gregory A. Howell, P.E., MSCE is the Association of General Contractors Visiting Professor in Construction Management at the University of New Mexico. He is co-founder of the Lean Construction Institute.

5 H. Glenn Ballard, Ph.D. is an associate adjunct professor at the College of Engineering, U.C. Berkeley, who researches and lecture on Lean Construction and related topics. He is co-founder of the Lean Construction Institute.

6 These five elements of a “reliable promise”, as described by Hal Macomber, principal of Lean Project Consulting, Inc., and self-proclaimed Project Reformer, in his paper Securing Reliable Promises on Projects, A Guide to Developing a New Practice. © 2001, 2004.

7 See the AGC’s Lean Construction Forum website at www.agcleanforum.org.

8 The website for the Lean Construction Institute is www.leanconstruction.org.

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