The apartment building
A developer commissions a large residential building. The general contractor oversees the project: the foundation, the structural frame, the mechanical systems, and the exterior. During construction, the developer can inspect progress through site visits, engineering reports, and milestone certifications. There are observable, verifiable signals of quality along the way. Based on these, the developer pays the contractor.
But the question that truly matters will not be answered for decades. Will the building’s foundation hold without cracking? Will the waterproofing systems keep the underground levels dry 30 years from now?
Will the structural choices made today, such as the grade of concrete, the quality of reinforcement, the care taken in places nobody can see once the walls close up, prove adequate when the building faces its first serious seismic event, its first major storm cycle, or its first round of deep structural aging?
The developer might think: I will write a contract that holds the contractor accountable for these long-run outcomes. I will set aside part of the fee, and in 25 years, if the building is structurally sound, the contractor will receive a substantial bonus. If there are failures, the contractor bears the cost.
In theory, this perfectly aligns incentives. The contractor, knowing that long-run quality will be rewarded, invests in the best materials and the most careful workmanship even in the places that are invisible during construction.
In practice, the contract is fiction. In 25 years, the developer may have sold the building. The new owners, a condominium association of dozens of residents who bought their apartments individually, have no relationship with the original contractor and no interest in honoring the developer’s escrow arrangement.
The contractor’s firm may have been restructured, acquired, or dissolved. The escrow agent may no longer exist. Courts have essentially no track record of enforcing payments contingent on construction quality across a quarter century.
And crucially, everyone knows all of this on the first day of construction. The contractor, understanding that the long-term bonus will never materialize, makes decisions based on what is observable and verifiable now: the interim inspections, for example, or the milestone certifications.
The result is that the building gets built and passes all interim inspections. It may even be a good building. But the deep, invisible, long-horizon quality choices, the ones whose consequences surface only decades later, are systematically underinvested in because the contract that would fully reward long-horizon quality cannot credibly exist. The promise unravels before it is made.
Even if structural engineering advances to the point where we could measure foundation quality with perfect precision 25 years after construction, this would not solve the problem. In reality, it would make it worse.
The more precisely we could measure long-run quality, the more valuable it would be to write a contract tied to that measurement, and the greater the loss from being unable to do so. A perfect test that nobody can contractually act on is wasted precision.