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Risk Management in Projects by Prof. Mahajanrisk management,NICMAR,PUNE

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    1

    Risk Management

    By Vilas Mahajan

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    The Risk

    Exposure to the possibility of loss, injury ,or

    other adverse or unwelcome circumstance ; a

    chance or situation involving such a possibility

    Oxford Dictionary

    Effect of uncertainty on objectives

    ~ Uncertainties include events (which may or not

    happen) and uncertainties caused by a lack ofinformation or ambiguity ..ISO Guide -73

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    The Risk

    Future problems that can be avoided or mitigated,rather than current ones that must be immediatelyaddressed.

    Risk can be seen as relating to the Probabilityofuncertain future events.

    The probable frequency and probable magnitude offuture loss.

    Risk is ..the product of ( probability of a hazardresulting in an adverse event) * ( severity ofevent) -OHSAS

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    The Risk

    Risk versus Uncertainty :

    ~ Uncertainty is immeasurable ,not possible to

    calculate ,while risk is measurable.

    ~ One may have uncertainty without risk but not risk

    without uncertainty.

    ~ Uncertainty is the absence of information about

    future events

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    Risk Management

    What is Risk Management ?

    ~ Process steps that enable improvement in decision

    making

    ~ A logical and systematic approach

    ~ Identifying opportunities

    ~ Avoiding or minimising losses

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    Risk Management

    What is Risk Management ?

    ~ Risk Management is the name given to a logical and

    systematic method of identifying, analyzing, treating

    and monitoring the risks involved in any activity or

    process.

    ~ Risk Management in Project is aboutproactively

    working with project stakeholders to minimise the riskand maximise the opportunities associated with project

    decisions.

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    Risk Management

    The aim is not to avoidrisk but to make moreinformed decisions to ensure that project objectivesare achieved and , ideally, exceeded.

    The Challenge is not to avoid risk , but to take

    calculated risks, by recognising and managingeffectively

    Risk Management is a proactive process of lookingforward and is fundamentally different from CrisisManagement.

    ~ Crisis Management is reactive and backwardlooking.

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    Risk Management

    What is Risk Management ?~ Risk Management is a methodology that

    help managers make best use of their

    available resources.

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    Risk Management

    Who uses Risk Management ? Risk Management practices are widely used in public and the

    private sectors, covering a wide range of activities oroperations.

    These include:

    ~ Finance and Investment

    ~ Insurance

    ~ Health Care

    ~ Public Institutions

    ~ Governments

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    Risk Management

    How is Risk Management used?~ The Risk Management process steps are a

    generic guide for any organization, regardless

    of the type of business, activity or function.

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    Risk Management

    The basic process steps are:~ Establish the context

    ~ Identify the risks

    ~ Analyze the risks

    ~ Evaluate the risks

    ~ Treat the risks

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    Risk Management

    Risk is dynamic and subject to constant change, so the

    process includes continuing:

    ~ Monitoring and review

    ~ Communication & consultation

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    Risk Management

    The Risk Management process:

    ~ Establish the context:

    - The strategic and organizational context in

    which risk management will take place

    - For example, the nature of business, the

    risks inherent in the business and the businesspriorities.

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    Risk Management

    The Risk Management process:

    ~ Identify the risks :

    -Defining types of risk, for instance, Strategic risks to

    the goals and objectives of the organization.- Identifying the stakeholders, (i.e., who is involved or

    affected).

    - Past events, future developments.

    ~ Monitor and review

    ~ Communicate & consult

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    Risk Management

    The Risk Management process:

    ~ Analyze the risks

    - How likely is the risk event to happen? (Probability and

    frequency?)

    - What would be the impact, cost or consequences of

    that event occurring? (Economic, political, social?)

    ~ Monitor and review

    ~ Communicate & consult

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    Risk Management

    The Risk Management process:

    ~ Evaluate the risks

    - Rank the risks according to managementpriorities, by risk category and rated by

    likelihood and possible cost or

    consequence.

    - Determine inherent levels of risk.

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    Risk Management

    The Risk Management process:

    ~ Treat the risks :

    - Develop and implement a plan with

    specific counter-measures to addressthe identified risks.

    ~ Consider:

    - Priorities (Strategic and operational)

    - Resources (human, financial and technical)

    - Risk acceptance, (i.e., low risks)

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    Risk Management

    The Risk Management process:

    ~ Treat the risks :

    - Document your risk management plan

    and describe the reasons behind selecting

    the risk and for the treatment chosen.

    - Record allocated responsibilities,monitoring or evaluation processes, and

    assumptions on residual risk.

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    Risk Management

    The Risk Management process:

    ~ Monitor and review :

    - In identifying, prioritizing and treating risks,

    organizations make assumptions and decisions

    based on situations that are subject to change,

    (e.g., the business environment, trading patterns, or

    government policies).

    - Risk Management policies and decisions must be

    regularly reviewed.

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    Risk Management

    The Risk Management process:~ Monitor and review :

    -Risk Managers must monitor activities and

    processes to determine the accuracy ofplanning assumptions and the effectiveness of the

    measures taken to treat the risk.

    - Methods can include data evaluation, audit,compliance measurement.

    ~ Communicate & consult

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    Risk Management

    Evaluate the risks

    - After identifying and analyzingthe risks, you can evaluate .

    What is the likelihood of the risk event occurring?

    - Almost certain- Likely

    - Moderate

    - Unlikely- Rare

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    Risk Management

    What is the consequence if the risk event

    occurs?

    - Extreme

    - Very high

    - Moderate

    - Low

    - Negligible

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    Risk Management

    Evaluate the risks :

    - Describe or quantify exactly what is theLikelihood and Consequence terms meanto you.

    - This helps in ensuring a consistent approach infuture risk assessment and review andmonitoring.

    - It promotes a common understanding withinthe Administration.

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    Risk Management

    Evaluate the risks :

    After establishing Likelihood and

    Consequence, tabulate the workouts..

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    Risk Management Evaluate the risks :

    Extreme Very high Moderate Low Negligible

    Almostcertain

    Severe Severe High Major Moderate

    Likely Severe High Major Significant Moderate

    Moderate High Major Significant Moderate Low

    Unlikely Major Significant Moderate Low Very low

    Rare Significant Moderate Low Very low Very Low

    k

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    Risk Management

    Treating the risks- Low and very low level risks can normally be

    accepted, subject to on-going monitoring.

    - All other risks are included in the managementplan.

    - The plan catalogues the risks, the level of risk,and describes a treatment.

    - The treatment is the action proposed, (andperhaps the resources allocated).

    i k

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    Risk Management

    Treating the risks:~ Development of Risk Profiles

    ~ Industry audits

    ~ Random examinations

    ~ Targeted selections

    ~ Physical examination

    ~ Compliance improvement

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    28

    Risk Management

    Contract Risk Management Risks are the Chances or Probabilities of Damage

    or Loss.

    Risks are to be ..

    Identified

    Understood

    Evaluated and..

    Mitigated

    Risk Management is a subject of guesstimate of future.

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    29

    Risk Management

    Contract Risk Management

    Element Causing Risks..

    Silence on Certain Aspects

    Inadequate Specifications

    Openness on Certain Aspects

    Unlimited Liabilities

    Limitation on Liabilities

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    Limitation on Liabilities

    Sellers liabilities are specified under various

    clauses for identified circumstances. Theseare :

    Termination of Contract - risk purchase

    Warranty / Guarantee - risk purchase Defects Liability

    Consequential & or indirect damages

    Indemnities

    Liquidated damages against delayed delivery& shortfall in performance

    Limitations on Liabilities

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    Limitations on Liabilities

    Sellers liabilities vary as per thestipulations of individual clauses.

    Put Cap on Overall Liabilities of the

    Seller arising out of All Clauses in theContract.

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    Limitation of Liability

    Clause 17.6 :- FIDIC~ Neither Party shall be liable to the other Party

    for loss of use of any Works ,loss of profit, loss ofany contract or for any indirect or consequential

    loss or damage which may be suffered by the otherParty in connection with the Contract,

    other than ..

    (a) Under Sub-Clause16.4 (Payment on Termination)

    and(b) Sub-Clause 17.1( Indemnities )

    Limitation of Liabilit

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    Limitation of Liability

    ~ The total liability of the Contractor to the Employer , under

    or in connection with the Contract ,other than

    (a) under Sub Clause 4.19 (Electricity, Water, and Gas),

    (b) SubClause 4.20 ( Employers Equipment and Free-Issue Material),

    (c) Sub Clause 17.1( Indemnities) and

    (d) Sub-Clause 17.5 (Intellectual and Industrial Property

    Rights),

    shall not exceed the sum stated in the Particular

    Conditions or ( if a sum is not so stated ) the Contract Price

    stated in the Contract Agreement

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    Limitation of Liability

    ~ This Sub Clause shall not limit liability in

    any case of .

    fraud ,deliberate default

    or

    reckless misconduct by the defaulting Party.

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    35

    Risk Management

    Contract Risk Management

    Force Majeure

    Unforseeable Circumstances

    Beyond Partys Normal Business Acumen.

    Caused By An Irresistible Force.

    Unavoidable Inspite Of The Reasonable Care

    Beyond Partys Control.

    Ri k M t

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    36

    Risk Management

    Contract Risk Management

    Force Majeure Events

    Nature

    Government Wars

    Public Actions

    Industrial Circumstances

    Shortage Of Inputs

    Risk Management

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    Force Majeure

    ~ Clause 19.1 :- FIDICDefinition of Force Majeure

    In this Clause, "Force Majeure means an exceptionalevent or circumstance :

    (a) which is beyond a Partys control,

    (b) which such Party could not reasonably have providedagainst before entering into the Contract.

    Risk Management

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    Risk Management

    Force Majeure

    (c) which ,having arisen, such Party could not

    reasonably have avoided or overcome and,

    (d) which is not substantially attributable to the

    other Party.

    Risk Management

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    Risk Management

    Force Majeure

    ~ Force Majeure may include ,but is not limited to,exceptional events or circumstances of the kind listed below

    ,so long as conditions (a) to (d) above are satisfied :

    (i) war ,hostilities (whether war be declared or not ),

    invasion act of foreign enemies,

    (ii) rebellion ,terrorism, revolution ,insurrection ,military or

    usurped power, or civil war,

    (iii) riot ,commotion, disorder, strike or lockout by personother than the Contractors Personnel and other

    employees of the Contractor and Sub-contractors,

    Risk Management

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    Risk Management

    Force Majeure

    (iv) munitions of war, explosive materials, ionising

    radiation or contamination by radio-activity,

    except as may be attributable to theContractors use of such munitions ,explosives,

    radiation or radio- activity, and

    (v) natural catastrophes ,such as earthquake,hurricane ,typhoon or volcanic activity.

    Risk Management

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    Risk Management

    Force Majeure

    ~ Clause 19.2 :- Notice of Force Majeure

    If a Party is or will be prevented from performing any

    of its obligations under the Contract by Force Majeure

    ,then it shall give notice to the other Party of the eventor circumstances constituting the Force Majeure and

    shall specify the obligations, the performance of which

    is or will be prevented. The notice shall be given within

    14 days after the Party became aware , or should have

    became aware, of the relevant event or circumstance

    constituting Force Majeure.

    Risk Management

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    Risk Management

    Force Majeure

    The Party shall having given notice, be excusedperformance of such obligations for so long as such

    Force Majeure prevents it from performing them.

    Notwithstanding any other provision of this Clause,

    Force Majeure shall not apply to obligations of either

    Party to make payments to the Party under theContract.

    Risk Management

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    Risk Management

    Force Majeure

    ~ Clause 19.3 :- Duty to Minimise Delay

    Each Party shall at all times use all reasonable

    endeavors to minimise any delay in the performance

    of the Contract as a result of Force Majeure.

    A Party shall give notice to the other Party when it

    ceases to be affected by the Force Majeure.

    Risk Management

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    g

    Force Majeure

    ~ Clause 19.4 :- Consequences of force MajeureIf the Contractor is prevented from performing any of

    his obligations under the Contract by Force Majeureof

    which notice has been given under Sub-Clause 19.2 [Notice of force Majeure], and suffers delay and/or

    incurs Cost by reason of such Force Majeure the

    Contractor shall be entitled subject to Sub-Clause

    20.1*Contractors Claims+to:

    Risk Management

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    g

    Force Majeure

    (a) an extension of time for any such delay, ifCompletion is or will be delayed under Sub-Clause8.4 [Extension of Time for Completion], And

    (b) if the event or circumstance is of the kind descried

    in subparagraphs(i) to (iv) of SubClause19.1[Definition of Force Majeure] and in the case

    of subparagraphs (ii) to (iv) ,occurs in the Country,payment of any such Cost.

    After receiving this notice,theEmpolyer shall proceedin accordance with Sub-Clause 3.5 [Determinations] toagree or determine these matters

    Risk Management

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    g

    Force Majeure

    ~ Clause 19.5 :- Force Majeure AffectingSubcontractor

    IF any Subcontractor is entitled under any contract or

    agreement relating to the Works to relief from forcemajeure on terms additional to or broader than those

    specified in this Clause ,such additional or broader

    force Majeure events or circumstances shall not

    excuse the Contractors non performance or entitled

    him to relief under this Clause.

    Risk Management

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    g

    Force Majeure

    ~ Clause 19.6 :- FIIDC Optional Termination,

    Payment and Release

    If the execution of substantially all the Works in

    progress is prevented for a continuous period of 84days by reason of Force Majeure of which notice has

    been given under Sub-Clause 19.2 [Notice of Force

    Majeure],or for multiple periods which total morethan 140 days due to the same notified Force Majeure

    ,then either Party may give to the other Party a notice

    of termination of the Contract.

    Risk Management

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    g

    Force Majeure

    In this event, the termination shall take effect 7 daysafter the notice is given, and the Contractor shall

    proceed in accordance with Sub-Clause 16.3[Cessation

    of Work and Removal of Contractors Equipment+Upon such termination, the Employer shall pay to the

    Contractor:

    (a) the amounts payable for any work carried outfor which a price is stated in the Contract;

    Risk Management

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    Force Majeure

    (b) the Cost of Plant and Materials ordered for theWorks which have been delivered to the Contractor,

    or of which the Contractor is liable to accept

    delivery ;this Plant and Materials shall become the

    property of(and be at the risk of) the Employer

    when paid for by the Employer, and the Contractor

    shall place the same at the Employers disposal;

    (c ) any other Cost or liability which in the circumstancewas reasonably incurred by the Contract in the

    expectation of completing the Works;

    Risk Management

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    Force Majeure

    (d) the Cost of removal of Temporary Works andContractors Equipment from the Site and the

    return of these items to the Contractors work in

    his country (or to any other destination at nogreater cost );and

    (e) the Cost of repatriation of the Contractors staff

    and labour employed wholly in connection with

    the Works at the date of termination.

    Risk Management

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    Force Majeure

    ~ Clause 19.7 :- Release from Performance under theLaw

    Notwithstanding any other provision of this Clause ,if any

    event or circumstance outside the control of the Parties (

    including ,but not limited to ,Force Majeure) arises which

    makes it impossible or unlawful for either or both Parties

    to fulfil its or their contractual obligations or which ,under

    the law governing the Contract, entitles the Parties to bereleased from further performance of the Contract, then

    upon notice by either Party to the other Party of such

    event or circumstance :

    Risk Management

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    Force Majeure

    (a) the Parties shall be discharged from furtherperformance, without prejudice to the rights

    Of either Party in respect of any previous

    breach of the Contract, and(b) the sum payable by the Employer to the

    Contractor shall be the same as would have been

    payable under Sub Clause 19.6 [Optional

    Termination ,Payment and Release ]

    if the Contract had been terminated under Sub-

    Clause 19.6.

    Generic Formula for Variation

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    Adjustment

    = adjustment multiplier to be applied for the

    contract value.a = fixed coefficient, non adjustable part of the

    contract value.

    b, c, d.. = coefficients of percentage of each costelement.

    Ln, En, Mn.. = current cost indices/ referenceprices for the period n

    L0, E0, M0.. = Base cost indices/ reference prices onthe Base Date

    53

    .....

    OOO

    n

    M

    Mnd

    E

    Enc

    L

    LbaPn

    Pn

    VARIATIONS PERTAINING TO MATERIAL COST

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    54

    i20.060.020.0 XSP

    ECH

    ECH

    BPA

    BPAXSPSP

    O

    N

    O

    N

    ON

    Price Var iation Algori thm:

    SP= Sales Pr ice;N= New;O= Current; i=I nitial

    BPA= Index Price per M T of Bisphenol A (BPA)

    ECH=I ndex Price per MT of Epichlorohydr in (ECH)

    Where,

    VARIATIONS PERTAINING TO

    LABOUR COST

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    LABOUR COST

    Necessary when the supplies are labour intensive

    Variation in basic wages of specif ied labour category

    Variation in dearness allowance

    WvWb

    Wb Pv=Price var iation payable;Pq=Quoted Price

    I v=Average consumer Price I ndex for

    I nd. Workers for Pune for later 2/3 rd period

    I b= I ndex for March (current year)

    Wv=Average M inimum basic Wages of ski l led

    worker in sellers works for the month of

    completion of fabr ication

    Wb=Wages for March (current year)

    + 0.30PqxPv= 0.60 xPqxI vI b

    I b

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    II II


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