Underwriting Perspective

Construction Operator Experience as an Institutional Underwriting Edge

Most real estate capital is underwritten by people who have never poured a foundation. Why operator-grade construction experience materially improves institutional outcomes — and how it shapes 5 Legacy's deployment discipline.

Casiana E. Foghis Principal, 5 Legacy Private Equity Firm
8 min read
Architectural planning and construction documentation

The standard real estate capital diligence package looks the same across most institutional desks. The sponsor sends a pitch deck. The deck contains a market thesis, a pro forma, a comparable-sales analysis, and a development timeline. The capital partner reviews the documents, runs the numbers, asks a few clarifying questions, and either passes or proceeds.

The model is efficient. It is also, in our view, structurally incomplete on construction engagements.

What is missing is the layer of diligence that only a construction operator can apply — the layer that evaluates whether the project, as described in the pro forma, can actually be built on the timeline and budget the document claims. That gap is the source of more institutional real estate losses than any other single variable. It is also why 5 Legacy’s construction operating background matters more in our underwriting than any other element of our bench.

The pro forma is not the project

A real estate pro forma is a financial document. It is an honest attempt to represent the economics of a contemplated project, but it sits at a particular level of abstraction. It assumes the construction can be executed on schedule. It assumes contractor costs hold. It assumes permitting clears on the timeline indicated. It assumes the lease-up or sales velocity that the market study supports.

Each of those assumptions is an operational claim — and operational claims are not validated by financial diligence. They are validated by construction diligence. They are validated by the questions only somebody who has actually managed a construction project would think to ask.

A short, non-exhaustive list:

  • Is the general contractor a personal name or a company name on the contract? Why?
  • What is the contingency budget as a percentage of hard costs, and how was that contingency sized?
  • What is the labor market in this specific submarket for this specific trade? Has the sponsor confirmed bids, or are the costs estimated from comparable projects?
  • Has the project’s permit pathway been pre-cleared with the local jurisdiction’s planning staff, or is the timeline assumed from generic local norms?
  • What does the sponsor’s draw history look like on prior comparable projects — actual versus budgeted at each milestone?
  • What is the change order discipline? Who has authority to approve them, at what dollar threshold, and what is the process documentation?
  • Is the sponsor’s lease-up or sales assumption pace consistent with the project’s actual differentiation in the submarket — or is it a comparable-sales average that ignores the specific positioning?

These questions are not adversarial. They are the questions an experienced construction operator would ask their own team before greenlighting the project internally. When the capital partner asks them, the answers reveal whether the pro forma is a realistic forecast or a financial composition layered over operational uncertainty.

What construction experience changes

Twenty years inside a commercial construction enterprise — across hotels and resorts, military bases and housing, apartment complexes, casinos, government buildings, religious buildings, and residential homes — gives a capital partner three things that purely financial bench cannot replicate:

Pattern recognition. After two decades of managing construction projects, certain signals become unmistakable. A timeline that compresses the rough-in phase too aggressively. A contractor relationship that the sponsor describes more carefully than they describe their tenants. A permit pathway that “should not take long” without a documented pre-application meeting. These signals do not appear in a pro forma. They appear in the conversation. Construction-experienced capital sees them.

Calibrated contingency intuition. A 5% contingency on a complex ground-up project is, in our experience, structurally insufficient. A 15% contingency on a clean repositioning is unnecessarily padded. Knowing where to push back on a sponsor’s contingency assumption requires having been on the side that used the contingency in real time, on real projects, with real subcontractors. That intuition is the difference between underwriting that holds up and underwriting that requires defensive restructuring six months in.

Operator-level credibility with the sponsor. When a capital partner walks through a project and can speak credibly about field-level execution — sequencing of trades, materials availability, change order documentation — the conversation with the sponsor moves to a different level. The sponsor knows they are not being managed by a spreadsheet. They are partnering with someone who can stress-test the project on the construction side as rigorously as the capital side. That credibility compounds across multiple engagements, and it is the foundation of the multi-deal sponsor relationships we prioritize.

How this shapes our deployment discipline

Inside 5 Legacy, the construction-operator lens informs three specific underwriting protocols.

Construction-stage diligence is a separate gate. Before any development engagement is approved by the three-signatory authorization process, it has cleared a dedicated construction-stage review. That review evaluates the GC, the subcontractor base, the permitting pathway, the contingency structure, and the sponsor’s prior execution record — independent of the financial diligence. A project can clear financial diligence and still fail construction diligence. When that happens, the engagement is declined, regardless of how attractive the headline economics appear.

Schedule realism is priced into the structure. On engagements where the sponsor’s timeline is aggressive relative to comparable projects we have managed, we either restructure the position to absorb the slippage risk (through extension provisions, additional reserves, or modified milestone definitions) — or we price the position to reflect the actual probability-weighted duration. Both approaches preserve portfolio integrity.

Field-level reporting is contractually required. On larger development engagements (particularly under 50/50 JV structures), we contractually require operating-level reporting that goes beyond standard lender reports. We want field documentation, draw substantiation, and change order logs — not because we want to interfere with the sponsor’s operations, but because the information asymmetry between sponsor and capital is the precondition for surprise. Eliminating the asymmetry eliminates the surprise.

Why this matters in 2026

The institutional bench has been moving in the opposite direction for years. Capital teams have consolidated, individual underwriters cover larger portfolios, and the financial diligence has become more sophisticated while the construction diligence has thinned out. In a benign cycle, that imbalance was acceptable. In a tighter cycle — and 2026 is meaningfully tighter than 2023 — the imbalance becomes expensive.

This is the structural opportunity 5 Legacy is positioned for. Our origination posture in real estate is constrained by the conviction that we will only deploy where the construction-side diligence supports the financial case. That constraint narrows the universe of engagements we consider — and meaningfully improves the engagements we close.

For sponsors evaluating capital partners in the current environment, the right question is not “who will fund the project.” It is “who will fund it on terms that survive the project’s actual execution.” Those two questions are answered differently. And the answer often turns on which side of the table the capital partner has historically sat on.


The views expressed are those of 5 Legacy Private Equity Firm as of February 2026 and are subject to change without notice. This commentary is for informational purposes only and does not constitute investment advice or a solicitation to engage in any specific transaction. All engagements are subject to formal due diligence and documentation.