"Using experience, knowledge and technology to ensure success in the construction industry..."
I am one of those people who tend to have a better understanding of something when I can "see" it. So, when I came across this infographic by Rock & Dirt that highlights some of the top construction projects, I had to share it with you.
Question: Did they get it right? Anything missing you would put in there?
Call it Civil Integrated Management. Call it Building Information Modeling for horizontal construction. Call it 4D modeling for infrastructure projects. Call it "BIM Leaves the Building and Hits the Road." Whatever you want to call it, you will want to see this Autodesk video about Mortenson Construction that highlights the advantages of BIM for road construction and other infrastructure projects.
In the video, Rich Khan, Director of Integrated Construction, and Roberta Oldenburg, Integrated Construction Coordinator, both of Mortensen Construction, share their company's experience over the last 12 years using BIM and how to use those lesson's learned for new industries, including renewable energy and infrastructure projects.
What are some of the best practices and benefits that can be applied to highway construction and infrastructure projects? According to Khan and Oldenburg, these include:
For Mortenson, use of BIM is a "value-add to the customer" because it provides benefit not only to the design side, but also to the construction side. "And now the 3-D model allows us to greatly improve the decision-making process," says Khan.
The video highlights some of the same themes from from a presentation that I gave last week at the ARTBA National Convention in Memphis called Civil Integrated Management: New Technologies and Legal Risks, which you can download here.
It has been almost three years since the giant (...Google...) joined the legal research playing field with Westlaw, LEXIS, FindLaw and all the other law-related databases. In November 2009, Google launched a new feature on Google Scholar that made 80+ years of US federal caselaw and 50+ years of US state caselaw searchable and readable. Here's what are able to find: 
Let's to a quick test. A couple of years ago I worked on a case for a road builder which had a claim against the Tennessee Department of Transportation. When I GoogleScholar the name of the contractor and TDOT, my search immediately returns the Court of Appeals decision and the Supreme Court decision. That's it! The hyperlinks to the footnotes and other citations ... check. The page numbers ... check. So far, so good.
Let's try a different approach. Suppose you want to research whether a written change order requirement can be waived under Tennessee law. Just search: Tennessee "change order". The search returned a list of 51 citations, including one of the leading cases on the issue: W&O Construction v. City of Smithville. If you go to the W&O case and click on the "How Cited" tab, you will find a wealth of information, including the cases that have cited the decision, as well as snippets of the quoted material:
After being in the public for a few years, here are some insights about Google Scholar as a research tool and how businesses should approach its use:
Despite the benefit that Google Scholar results from provide public access to case law, the question remains: will this benefit the practice of law and resolution of disputes in general? Some of my clients are empowered by their ability to do research and to assist in the trial preparation, while others would simply prefer to show up for the final judgment. I think for the former group, Google Scholar opens up a pool of available research. The later group would not bother.
If I had to limit my comments to one sentence, it would be: Great new tool for preliminary research!
A recent ENR headline caught my attention: "Structural Engineers Learn Lessons From Failures Through Digital Databases." The article by Nadine Post discussed a new digital database—similar to YouTube, SharePoint and Wikipedia—being developed by structural engineers to “harness knowledge” to avoid future loses.
As noted in Post's article, "[w]ith global engineering research, knowledge and failure data at their fingertips, designers are able to connect the dots as never before." Whether it is a post-construction meeting, survey or other analysis, construction industry players are wise to understand the legal implications associated with harnessing knowledge of lessons learned.
Is this type of information discoverable in subsequent litigation? Any lawyer worth his weight in gold would give you the only correct answer: It depends! The key question is whether a "self-critical analysis" can be used by the opposing party as evidence of liability, breach of contract or violation of some standard of care. The courts have treated the issue differently—a few of which hold that these type of documents are “privileged” and are not discoverable. The self-critical analysis privilege should not be confused with attorney-client communications, which as a general rule are privileged and not discoverable.
The Majority Rule. Most courts have rejected the self-critical analysis privilege entirely or defined it vary narrowly. Examples of project documents where courts have rejected application of the self-critical analysis privilege include:
Ultimately, you need to be concerned that any document containing your company’s self-critical analysis is generally not privileged and, therefore, will be subject to discovery in the event of litigation. However, this should not dissuade you from using “lessons learned” or “best practices” to ensure future successes and to avoid future losses.
Image: Paul Garland
I just returned from speaking at the AGC National Convention last week and I am trying to get through the pile of work on my desk. I was able to stay connected all the way from Hawaii to my office and family in Nashville with the help of my iPad.
I know it is late notice, but if you get a chance tomorrow, Wednesday, March 21, 2012, at 12:00 noon (CST), please join me for a free webinar sponsored by the ABA Forum on the Construction Industry on "The Best Legal Apps for Construction Lawyers."
Tom Mighell, Chair of the ABA's Law Practice Management Section, attorney and blogger at iPad 4 Lawyers, and I will be reviewing some of the best legal apps for construction lawyers (as well as non-construction lawyers) (as well as non-lawyer constructors)! Topics include:
For more details on how to register or connect to this Free Webinar, follow the link here.
In this day of iPhones, DROIDS, and Blackberries, the construction industry has to deal with new forms of communication. Since we live in world of mobile devices and technology, you have to assume that everyone else is on the same mobile playing field and are working on-the-go. What does that mean?
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It means that as a construction executive, management member or project level player, you are being pulled in all directions. On some days, you may be in the office, while other days you may be onsite, and even other days you are traveling across the country. Given your on-the-go status, it helps when people know how to reach you and how to communicate effectively.
One area where you can improve your communication skills is to make sure you actually explain what is attached to the email because it may be read on a mobile device. In other words, when sending an attachment, you should do the following:
You may think these tips are no-brainers, but they have changed the way I communicate with my clients over the last year. For example, I previously sent the "Please see attached" emails to my clients without even thinking that the email was sent to a Blackberry or iPhone (...even though I carry my phone everywhere and expect the same communication from my assistant ...) Thanks to some lessons learned, I am taking the extra minute to explain my attachments and include a response line.
Question: Do you have any tips for communicating in the digital age?
You have a captive audience for 45 minutes. You've worked hard on your presentation: slides, transition, talking point, and animation. You are introduced. You click on the first slide. Nothing. Your computer locks and you feel the sweat trickle on your brow as you hit, CTRL-ALT-DEL.
This exact scenario occurred once when I was giving a presentation to a group of architects, engineers and contractors. The worst part was that my talk, Lessons from the Movies: Negotiating and Drafting Construction Contracts, absolutely required the use of a computer. So, there I stood, with two locked computers, a presentation that focused exclusively on movie clips, and a captive audience.
What should you do? Here are some tips when your presentation goes bad:
Question: What tips do you have for when the presentation goes bad?
Image: Filippo Minelli
You have probably already seen quick response (QR) codes appearing in magazines, newspapers, posters, business cards and in various other print sources. As smartphone technologies and uses become more prevalent, the use of QR codes is increasing ... and expanding in scope. The construction industry is seeing some new and innovative uses, including the following:
Marketing and Business Development. This is perhaps the primary area where QR codes are being used. A code can be generated and placed within your company's marketing materials. Just scan the code with a smartphone and it can be linked back to your company's website, list of projects, contact information, or just about any other information that has a digital footprint.
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Access to Building Permit Information. Last year, New York Mayor Bloomberg and Department of Buildings Commissioner Limandri introduced the use of QR codes on all future NYC construction permits. According to an Oreilly Rader article, "QR codes help us add context and dynamic info to NYC's physical environment," wrote Rachel Sterne, New York City's first chief digital officer on her Tumblr. In this instance, any individual can scan these codes to see a web view of what's being built, who is doing the building, and what (if any) complaints have been filed against the permittee. You can imagine what other information you will be able to store electronically on a construction project that can be accessed immediately in the field with a scan of a simple code.
Servicing Manuals and Product Specifications. As noted in a post at Engineering New Record today, some vendors and equipment manufacturers like Air Burners, Inc. are using QR codes with operation and maintenance of their $150,000 air-curtain burners used in landfills, construction sites and military operational zones. The company's most recent equipment is "equipped" with two QR codes: one, for the operating manual and, another, for servicing information. The operator can quickly download the needed information.
Project Management and Version Control. A highly innovative use of QR codes has emerged in the form of document controls when dealing with plans and drawings. As shown in the video below, the solution called isOK featured on AECGuild.com can be used by scanning the QR code affixed to drawings to confirm whether it is the latest released drawing. As this technology develops, this can have significant uses in the field to check status of drawings, changes, conflicts, etc.
The usage of QR codes is growing. Its success in the construction industry will depend largely on the level comfort of end users, as well as the interface with current technologies on the construction site. However, based upon the uses so far, I look forward to what's ahead.
Does your construction company, architectural firm or development group have a Facebook fan page? Are you worried about what advertising laws apply to a social media platforms?
The Federal Trade Commission has eliminated any question of whether liability can arise in connection with consumer endorsements for the obvious reason that consumers may rely on endorsements in making purchasing decisions. Any third-party “claim” that a consumer derived some benefit from a product or service should meet false advertising standards, as with any other type of commercial advertising claim. But what about when a company claims that a certain number of consumers “Like us on Facebook” - particularly where the company runs “like-gated” contests or giveaways (that require entrants to “like” a company as a condition to entry) that draw a large number of virtual “fans?”
The tightening of endorsement regulations is reflected in the FTC’s revised Endorsement Guides issued in October 2009. In 2010 and 2011, the FTC proved that it intends to enforce these more stringent guidelines by entering settlements with two companies who generated online “consumer endorsements” that were actually prepared and posted by affiliate marketers with financial ties to the sponsor. See Legacy Learning Systems, Inc. File No. 102 3055 ($250,000 fine to settle charges that company deceptively advertised its products through online affiliate marketers who falsely posed and ordinary consumers or independent reviewers); Reverb Communications, Inc., C-4310( Aug. 26, 2010)(Challenging public relations agency hired by video game developers engaged in deceptive practices by having employees pose as consumers and post reviews on itunes.com web site).
Now, in a case of first impression, the National Advertising Division of the Council of Better Business Bureaus has considered the Endorsement Guides in the context of social media promotions. The NAD focused on what claims a company can make regarding the strength of its following on Facebook and other social media sites. The NAD concluded that because of the various message that a “Facebook like” may convey to consumers, that "the overall message conveyed by Facebook 'like’ or the total number of 'likes' on Facebook is one of general social endorsement." However, the NAD warned that had the advertiser presented the number of Facebook “likes” in a false or misleading manner, the claim may not have withstood NAD scrutiny and recommended that the company clarify that the number of “likes” it claimed was actually an aggregate taken from the company’s various international Facebook sites.
Companies should treat social media advertising as they do traditional forms of advertising and review “like-gated” promotions for compliance with applicable advertising guidelines. A copy of the FTC’s Advertising Guides are available on the FTC web site.
Today's post is by fellow Stites attorney Amy Sullivan Cahill, whose practice focuses on trademark and copyright litigation, advertising review, and trade secrets litigation.
The following headline caught my attention this past weekend as I was reading the April issue of the ABA Journal: "The Trouble with Terabytes: As Bulging Client Data Heads for the Cloud, Law Firms Ready for the Storm." It piqued my interest not only because I am a lawyer who follows technology, but also because I represent construction contractors who are grappling with paperless project questions: Should we head to the cloud to back-up our document management system? Should we go entirely paperless on our projects? What are the risks?
Although the Terabyte article is focused on the struggles for law firms that are considering cloud solutions, there a number of practical tips for the construction industry. Whether you are a general contractor, a specialty supplier or an owner/developer, consider the following as you take your construction data to the cloud:
There are some risks, including the possibility that the cloud provider may experience technical issues, as well as financial strains. Research and due diligence, thus, becomes important as you select a cloud computing solution.
Image: theaucitron
Last year around this time, I blogged about a new report indicating that half of the construction industry was using building information modeling (BIM) on their projects. Last week, the BIM community lit up in response to an article by Nadine Post, which was featured in both Engineering News-Record and Architectural Record.
A representative of XL Insurance provided to ENR the background to a recent dispute over the construction of a life-sciences building at a major university. According to the article, this is the first known claim related to the use of BIM by an architect.
On the project, the architect and its MEP engineer used BIM to fit the MEP systems into the ceiling plenum. When the contractor was about 70% through assembly, it ran out of space in the plenum. It came to light that the design team failed to inform the contractor that the extremely tight fit of components depended on a specific installation sequence. In the end, everyone sued: the contractor sued the owner, the owner sued the architect, and the insurance carrier sued the MEP engineer.
The settlement was confidential and there is little information about the identity of the parties, the amount of settlement and the terms of the agreement. But, based upon the ENR article, as well as best practices generally, here are some lessons learned when using BIM:
Image: kpcauchi
In February, I was featured on Kevin O'Neill's Capital Thinking Radio Show on the VoiceAmerica Business Network to discuss social media business development tips and legal risks. Well, I'm back to the radio waves tomorrow to discuss new trends in social media, including some recent missteps and use of social media in the political world. Tune in on Thursday.
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If you are near a computer today around lunchtime (12:00pm EST), you need to head over to the Capital Thinking radio show hosted by Kevin O'Neill.
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Capital Thinking is a weekly glimpse of the intersection between politics, policy, the law, and the world of business. Capital Thinking goes beyond the typical talking head babble of traditional media to give a better understanding of what’s going on in Washington and what it means for businesses and families. Each week, the show features a mix of influential guests ... policymakers, lawyers and business leaders ... who will give you an in-depth and balanced look at issues of interest in Washington, the legal arena and the business world. This is a high-energy hour of radio that will give you actionable intelligence for use as a business leader and citizen. Capital Thinking is broadcast live every Thursday at 9 AM Pacific Time on the VoiceAmerica Business Network.
During the second half of the show today, I will be talking with Kevin about the next steps in social media. We will talk about business development uses, as well as the legal risks and pitfalls for employers. We will also talk about the difference between social media and social networking.
If you miss the show, you can download the podcast afterward. Also, you can send me a question via Twitter at @matthewdevries during the show and I will try to answer it for you.
Updated: Here is the podcast link, which will be available later this evening.
A few months ago, I did a webinar on project documentation. At the end of the webinar, one of the participants asked, Are digital signatures as good as hard copy signatures?
I addressed this exact question in a feature article that I wrote for ABC's Construction Executive magazine on the paperless construction project. In the end, the question raises issues involving both contract formation and evidentiary proof.
As to contract formation, some commentators have found a distinction between an electronic signature and a digital signature. However, the real issue depends on whether the parties manifested an intent to be bound by the contract provisions. If it can be shown that the digital marking ... whether by affixing an image of a signature, typing the name of the party on the signature line, or clicking an "I accept the terms of the agreement" button ... then it is likely that the signature will form a valid and enforceable contract.
The next question involves one of proof: Is an electronic document more likely to prove a claim than a hard copy document? The courts respond differently. One appeals court in Montana has held that an email was sufficient to support a finding of increased costs for a change order, while another court in North Carolina concluded that an email promising additional work was not an enforceable contract for purposes determining whether a change order was valid. A case in Florida demonstrates that an electronically faxed release was not the same as the original document because one party demanded the original to be provided.
An electronic document can be the basis of a contract. A digital photograph can be used to demonstrate installed quantities. An electronic schedule (and its logic ties) can be used to impeach a witness. Ultimately, the form of the document may not have as great an impact as the intended purpose of the document.
I recently discovered that eight out of ten of the top key word searches on this site over the past few months included variations of the following words: construction, iPad, technology and apps. The searches were referred primarily to a blog post I did about my favorite apps for the construction industry. Construction apps are more than just fodder for technology and construction bloggers ... they are being used regularly by some as project management tools.
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According to an article by the Tennessean last week, "[t]he most important tool if you're building or remodeling a house is no longer a hammer or a saw; it's a home computer, iPad, smartphone or other electronic device." The article explains how contractors, designers and owners are collaborating on the project to achieve success:
Builders and homeowners now use computers and handheld electronic devices to instantly share information about the progress of construction projects. To-do lists, schedules, change orders and reports of each milestone are posted on a password-protected website, where they're just a click of a mouse or a tap of a touch-screen away. . . . . Thanks to technology, homeowners no longer have to spend hours waiting for a contractor who misunderstood the schedule or wondering whether a project is going as planned.
The technology solution featured in the article was Basecamp, an online collaborative project management solution used by many different small businesses. Although I have not used Basecamp, it appears that the software is not specifically geared towards the construction industry. Examples of collaborative software solutions for the construction industry include: Prolog, e-builder, PMWeb, Paskr, and many others.
There are all different types of solutions for your project management needs. The key here is to understand that although one particular software "can" be used on your project, it "may not" be the best solution for your residential, commercial or industrial needs. In other words, you may not need a track hoe when a shovel will suffice ... or you may need a boom lift when the ladder won't reach.
Image: willc2
In a recent article that I wrote for ABC's Construction Executive magazine, I shared some experiences and lessons learned from a paperless project. The construction industry needs to consider that “paperless” involves more than simply a different form of documentation, but also a debate about whether the benefits of a paperless endeavor outweigh the upfront investment costs and the potential risks.
Indeed, the courts have struggled with electronic discovery challenges for years. Workable solutions can help parties manage the production of millions of pages of electronic documents. In the end, however, the same common-sense approaches to document management on a paper project can help a contractor deal with similar challenges on a paperless project.
To continue reading the article, please visit Construction Executive.
Since I only had a few minutes to review my RSS feed this morning, I skipped over hundreds of headlines. But the following words caught my attention: "New federal program helps defray cost of adopting Building Information Modeling." I thought someone finally got it right in our Congress! But, alas, when I clicked through the hyperlink, I learned it was a federal program in Canada.
The Canadian program. According to the Daily Commercial News and Construction Record, the National Research Council Canada is providing financial support to qualified small and medium-sized Canadian companies under its industrial research assistance program for BIM investment. Eligible expenses include in-house salaries and consultant costs that cannot be passed on to clients. Up to 75 per cent of project costs can be funded, with a maximum of $50,000.
A spokesperson with the Canadian program confirmed what we all know (i.e., that implementation of BIM is a large investment for some companies). According to the spokesperson, "They find it difficult, especially in uncertain economic times, to commit to the long-term costs associated with the intense learning process.”
What's happening in America? According to a McGraw Hill report last summer, half the industry is behind BIM technology. We also know that over the past couple of years many states like Texas and Wisconsin are requiring BIM on certain public projects. At the Federal level, GSA has been a leader in implementing BIM technology on a number of projects.
So, the real question is whether there is going to be some investment dollars to help small businesses make the transition? Are you aware of any such programs in the United States?
Image: jacob earl
Seems like I have been doing a lot of out-of-town speaking lately. Fortunately, my next gig will be in my own office, in front of a computer, with a headset attached. You should consider joining me on October 13, 2010, at 1:00 to 2:30pm (Eastern) for what will be an exciting webinar:
From Paper to Paperless:
Controlling Construction Documentation,
Improving Record Management, and
Identifying Risk in an Electronic Age
The event is hosted by It is sponsored by WPL Publishing Co., Inc., the publishers of Construction Claims Advisor, Construction Project Controls & BIM Report and Green Building Insider. Some of the exciting topics include:
Critical project documentation – what you absolutely need to document; and non-critical documentation – what you don’t need to documentIf you have any great construction "war stories" that you would like to share, please send me an email.
UPDATED: If you are a regular follower of the blog and want a huge discount to the webinar, please click here for registration. Make sure the link has "BLOGGER'S DISCOUNT".
As many of you know, I am involved in the ABA Forum on the Construction Industry, which is the largest organization of construction lawyers in the United States and abroad. Our Fall meeting is next week in Miami Beach, Florida. The conference focus is “We Won’t Get Fooled Again: Lessons Learned from the Economic Downturn” and features exceptional construction lawyers offering hands-on experience the following:
This is going to be a great event (not only because of the programs and the location), but also because of the focus on social media. Check out the following:
See you next week on the sandy beaches! I will send pics.
Fellow blogger Matt Handal did a post today about his Livescribe Pulse Smart Pen. I love technology and I absolutely love this gadget! However, Matt's post raised a red flag to me about the discoverability of taped or recorded conversations in litigation.
For years, lawyers have been requesting "electronic discovery" from the opposing side. Traditionally, the debate has been about emails and native electronic files. How are we to collect the information? How are we to process the information? How are we to produce the information? But the debate mainly focused on computer servers, desktops and laptops.
Then came mobile devices, such as Blackberries and iPhones. Is the information on these devises subject to discovery? Instant messages and other data stored on mobile devices are generally discoverable under the applicable rules in your jurisdiction covering e-discovery. In one reported case, the court found it suspicious that all data had been wiped from two Blackberries and ordered sanctions for spoliation of evidence.
So what about the data from a Livescribe Smart Pen? I would treat this data as any other form of data ... whether in hard-copy or electronic format. If a construction schedule is discoverable, then the native Primavera files are most likely subject to production. If a particular written statement is discoverable, then the recorded version is most likely subject to production. If hand-written notes are discoverable, then the electronic notes transcribed by the smart pen are most likely subject to production.
In the end, I am extremely leery of recording any attorney-client conferences, as well as any meetings with consultants and testifying experts. The Livescribe Smart Pen would be great for hearings and other public meetings. But understand that the digital recording may be otherwise discoverable depending on your jurisdiction.
Matt Handal agrees: "For privacy reasons I restrict my use of the smart pen to proposal and strategy related meetings."
Aside from some personal quiet time to reflect on the day ahead, my second favorite part of the early morning is to review my RSS fees to see what may have happened in the prior 24 hours. It's a sickness. I know.
I always find at least one golden nugget of information that may be useful in my professional or personal life. Sometimes it is breaking news about a green construction issue. Sometimes it is strange. And sometimes it is simply entertaining.
In any event, I want to begin sharing with you some of these TOP TWEETS, which are determined during my morning review of the prior day's Tweets and based on my sole discretion. There's no formula or selection criteria. You may agree or disagree with my choices. That's okay. You may choose to send me links. That's okay, too.
And so, here are some Top Tweets for June 21, 2010:
Just a few days ago I wrote about how, like the World Cup soccer games, BIM presented a lot of excitement for many proponents. Turning to another competitive analogy, there continues to be many in the construction industry who simply refuse to go "all-in" with their poker chips. According to a recent McGraw-Hill Construction report, I may be wrong. The report concludes that half the industry is behind BIM technology.
The SmartMarket report is titled The Business Value of BIM: Getting Building Information Modeling to the Bottom Line, and was produced with Autodesk and 26 other industry players like HOK, Turner, PB, US Army Corp of Engineers, AIA, DBIA, AGC, SMACNA and others.
The purpose of the survey and report was to find "who's using BIM" and "where are they getting the real business value?" After surveying thousands of AEC participants, here are some key findings:
The 52-page report is packed with very detailed findings on numerous issues, such as using BIM to gain a competitive advantage, increasing productivity and investing in your team. Another interesting finding was that two-thirds of the non-users say that concerns about legal liability have little to no impact on their consideration of BIM.
What are some key recommendations? For beginners, the value of BIM is on the horizon. In other words, new users see limited value at the start, but additional opportunities materialize with experience. For non-users, do not delay your decision to embrace technology. According to the report, "BIM users are seeing positive returns today and expect those benefits to grow over time." For owners, the lesson is to take charge and demand that your design team use BIM.
What did the report conclude? While the preliminary findings focused on who is using BIM, the real focus addressed the overall value proposition of BIM. In this environment, the pressing question for AEC players is whether the return on investment is real. Among others, here are some key finding about ROI: (1) most users see a positive ROI in their use of BIM; (2) those returns tended to improve with experience; and (3) owners and contractors see the highest returns on BIM.
If you have time, the report is definitely worth a read. It also contains a number of case studies that provide great illustrative examples of the business value of BIM.
Image: Jam Adams
I grew up with a soccer ball at my feet. So it was no surprise to see me relaxing in front of the big screen this weekend, son by my side, to watch United States and England play in the opening round of the FIFA World Cup tourney. And the game was a lot like ... Building Information Modeling (BIM).
Odd analogy? Not really. There was a lot of excitement leading up to the game. To some, there was no chance of success. To others, this was the time to shine. To many, however, survival was the only question. As an observer, I was bubbling with anticipation ... only to come away with ... a tie game!
Do you see my point? BIM is similar to the United States game against England for three reasons:
Finally, there is one more bit of information to share about BIM and World Cup soccer. Two of the five new venues built for the every-four-year event were modeled using BIM software and techniques. For example, to design the unique roof structure of Nelson Mandela Bay Stadium in Port Elizabeth, steel detailers used BIM software to model the project.
So, just as the sky is the limit for the future of BIM, the Unites States' performance against England proves that the power of positive thinking is an important element in both soccer and construction project management.
Tweet ... Tweet ... Tweet! No, I am not cat-calling or whistling at you. I am tweeting from the ABA Forum on the Construction Industry's annual meeting in Austin, Texas. The program chairs have set up a Twitter account for the conference. You can follow @forumaustin or search the hashtag #forumaustin. If you want to follow my Tweets, you can do so at @matthewdevries. Also, make sure to send me an email or message if you want to meet up. And now, to the program schedule:
The Age of Turbulence: Managing Money Issues in Construction
That's a packed schedule for three days. Let me know if there is a specific session you want me to attend. I will be your proxy and do a special post on Friday.
With the release of the new iPad this past weekend, there is no better time than now to share some of my favorite applications for the construction industry. Of course, these would probably look better on a brand new iPad (... Hint, hint, wifey dear ... Who am I kidding? She doesn't read this junk ...), but you can definitely find them on my iPod Touch.
In no particular order, here are some of my favorites applications:
Update: Right after I published this post, I saw an article in ConstructionWEEKonline.com that featured a new construction app called goBIM, which was designed by Ian Keough, a senior technical designer at international engineering consultancy Buro Happold. The application supposedly allows the user to view BIM on iPhones and iPads and, thus, in remote locations including on site. I have not reviewed it yet, but I will let you know my thoughts later.
What are some of your favorite iPhone and iPad applications?
As I was flipping through the Wall Street Journal this morning, I saw a full page advertisement featuring C-SPAN's Video Library with over 160,000 hours of video and over 115,000 political people. I immediately hopped online and searched the word "construction" in the archives. Below is the Washington Journal feed for February 17, 2010, where the guests are talking about the President's commitment of $8.33 billion in loan guarantees for the construction and operation of two new nuclear reactors at a plant in Burke, Georgia:
You can also search for transcripts and biographies of every person who has made an appearance in a C-SPAN covered event. For example, you can search for all appearances involving representatives of the Associated General Contractors of America and get a number of results.
So, how might this unofficial government YouTube be helpful to you?
Let me know if you find any interesting tid-bits in C-SPAN Video Library.
You have a captive audience for 45 minutes. You've worked hard on your presentation: slides, transition, talking point, and animation. You are introduced. You click on the first slide. Nothing. Your computer locks and you feel the sweat trickle on your brow as you hit, ctrl-alt-del.
This exact scenario occurred this afternoon as I was speaking at the Nashville Chapter of the Construction Specifications Institute. The worst part was that my talk, Lessons from the Movies: Negotiating and Drafting Construction Contracts, absolutely required the use of a Powerpoint presentation. So, there I stood, with two locked computers, a presentation that focused exclusively on movie clips, and a captive audience.
What should you do? Here are some tips when your presentation goes bad:
Question: What tips do you have for when the presentation goes bad?
The construction industry is one of the hardest hit in this down economy. From the top to the bottom, from executive to business development and sales to project management, you may find that you have to dust off your resume to look for new opportunities.
An article by Joann Lubin in the Wall Street Journal yesterday highlighted a networking pro, George Landis, who had to learn some new tricks as his executive job ended last November. Landis was described as a "deft conventional networker" who once relied on the traditional handshake. Times are changing ... and Landis realized it. He agreed to learn networking in the 21st century. Here are the top tips from his informal advisors, as well as a few of my comments:
At the executive and business development level, some of these tips may be easier to do than at the project management level. But I think it comes back to identifying your passion and making that your job. Former-construction-attorney-turned-marketing-coach Cordell Parvin shares 5 Keys to Success and Fulfillment and the second one is about finding your major definite purpose. Perhaps your current circumstances allow you to look for new opportunities. And remember, you may be like Landis in your archaic networking ways, but even a pro can learn new tricks.
A week does not go by without a friend, colleague, or new acquaintance asking me, "How do you do it all?" The short answer: "It's tough ... very tough ... but I have some help. For home and family issues, I have my lovely wife. For unloading the dishwasher, I have my son. For getting out letters, I have my legal assistant. For researching legal issues, I have a number of associate attorneys who can help. And for blogging and staying current with the construction industry, I have Google Reader." (...Okay, so my answer was not that short...)
I use Google Reader to track and scan over 100 blogs, news sources and Twitter feeds relating to the construction industry, leadership, marketing and social media. Rather than try to explain how it works, check out the following short video:
Now, let's see how Google Reader has helped my blogging efficiency for an actual blog post. A few months ago, I read an article in my Google Reader about two tunneling machines being used on a project in Puget Sound. Since the article highlighted what I thought was an instance of a "construction project gone wild," I blogged about the incident, as well as some construction management tips.
How can Google Reader help you? The tool can be used:
Since words have different meanings to people, there may be problems with some of the initial feeds you set in Google Reader. It may take time to determine whether the inquiries you set are returning useful information. Overall, this is a "must use" for anyone in the construction and green building industry.
In this day of Blackberries and iPhones, one of the best communication tips I have ever heard was at the American Bar Association, Forum on the Construction Industry's fall meeting in Philadelphia a few months ago. Since we live in world of mobile communication and technology, you have to assume that everyone else is on the same mobile playing field and are working on-the-go. What does that mean?
Christine McAnney explained that as general counsel for a large construction company, Balfour Beatty Infrastructure Inc., she is pulled in all directions. On some days, she will be tied up in depositions, while other days she is traveling to meetings across the country. Given her on-the-go career, it helps that messages sent to her mobile device actually explain what is attached to the email. In other words, when sending an attachment, you should do the following:
You may think these tips are no-brainers, but they have changed the way I communicate with my clients over the last month. For example, I regularly sent the "Please see attached" emails to my clients without even thinking that the email was sent to a Blackberry or iPhone (...even though I carry my phone everywhere and expect the same communication from my assistant ...) Thanks to Christine, I am taking the extra minute to explain my attachments and include a response line.
How about you? Do you have any tips for communicating in the digital age?
Heads up Westlaw, LEXIS, FindLaw and all you other law-related databases. There is another giant in the field of legal research. Last night, Google launched a new feature on Google Scholar that makes 80+ years of US federal caselaw and 50+ years of US state caselaw searchable and readable. Here's what you may find: 
Let's take this scholar on a test drive. Years ago I worked on a case involving the construction of a power generation facility owned by an entity named Choctaw Generation Limited Partnership. When I GoogleScholar-ed the name of the owner, my search immediately returned the Second Circuit decision. That's it! The hyperlinks to the footnotes and other citations ... check. The page numbers ... check. So far, so good.
What's happened to the Choctaw case over the past eight years? All you have to do is click on the HOW CITED tab and you will find a wealth of information, including the cases that have cited the decision, as well as snippets of the quoted material:
Here are some early insights about Google Scholar as a research tool and how business should approach its use:
Despite the benefit that Google Scholar results from provide public access to case law, the question remains: will this benefit the practice of law and resolution of disputes in general? Some of my clients are empowered by their ability to do research and to assist in the trial preparation, while others would simply prefer to show up for the final judgment. I think for the former group, Google Scholar opens up a pool of available research. The later group would not bother.
If I had to limit my comments to one sentence, it would be: Great new tool for preliminary research!
I received an email this morning with the following warning: "The following message is intended for construction audiences only. Do NOT watch this clip alone or in the dark. Please wait 30-minutes after eating before watching this clip. DO forward this video on to a friend or colleague."
A couple of my observations about AGC's campaign for its annual convention:
I have my Google reader set to search various blogs, news sites, and Twitter feeds to help me keep current with the latest trends in the construction industry. There remains one major problem: the words we use have different meanings for everyone.
Take, for example, my search of Twitter feeds (above) for Building Information Modeling (BIM). If you were to do the same search during a weekday morning, the majority of results would return various individuals involved in some aspect of the construction industry either praising or criticizing BIM. Now, if you were to do the same search on any given Friday or Saturday night, you might be surprised to get a varied assortment of results (and photographs) of individuals out for a night of partying. You see, BIM is also slang for "bimbo" or ... how do I say this ... a "lady with questionable morals"?
What's the lesson here? Did you click on this article because you thought it related to LEED or Green Buildings? It kinda does. It kinda doesn't. The lesson is that we live and work in a world where information spreads quickly. In addition, we have become informal in our communications through the use of email, texting and Twitter. (And in our personal lives, there may not be anything wrong with informality in our communications.)
However, the construction project is built on expectations and performance. Where those expectations are accurately and correctly reduced to a writing, the parties have a written contract. Where the parties use words that have different meanings (and both interpretations are reasonable), we now have an ambiguity. A judge or arbitrator will then be asked to interpret that ambiguity based upon any number of legal tools (i.e., parties' words and conduct, other writings outside the four cornings of the contract, industry norms, etc.). As the construction industry begins to employ new technologies, such as BIM, or new performance based goals, such as energy performance from a LEED certified building, then it becomes even more important that we use words that do not lead to miscommunication.
Budgets are being cut left and right. Our family "eating out" budget ... gone! Our community organization "summer party" budget ... gone! I see non-profit organizations struggling to keep pace with last year's donations, while attendance at professional industry conferences are shrinking.
You can imagine my surprise when I read a press release from CADD Microsystems suggesting that the construction industry is showing signs of rebounding. CADD Microsystems, an Autodesk solutions provider, sponsored a conference called Tech Tour in Washington, D.C. last week. CADD Microsystems reports that it had more than 200 attendees at the conference:
"This Tech Tour was one of the largest events our company has ever hosted," said Jeff Gravatte, CEO of CADD Microsystems, "and we are pleased with what that says about the state of the design and building industry. To have more than 200 people spend a day learning the latest trends in BIM and design technology speaks volumes about the strength of the building industry and its promise for a speedy recovery."
Perhaps this is simply a case where the title of the press release ("Indications of Building Industry Rebounding as More Than 200 Design and Construction Professionals Attend Building Design Software Event") promises more than is being served. I have seen the monthly reports from Southeast Construction about drying up construction markets and the AGC about the continuing decline in construction jobs. Don't get me wrong ... I would love to see a turn-around in this economy.
The more noteworthy report from CADD Microsystems is the briefing offered to Congress, organized by the High-Performance Buildings Congressional Caucus Coalition and the National Institute of Building Sciences. The briefing on BIM and high performance buildings took place earlier this week on Capitol Hill and focused on the importance of technology in the building industry:
Building Information Modeling is focused on eliminating significant amounts of redundant and wasted effort currently embedded in the design, construction, and operations of facilities due to the lack of software interoperability. The beneficiaries of this information range from the designers and construction contractors to facility operations and sustainment all the way through the building life cycle.
Lessons Learned? Perhaps the large reported attendance at the Tech Tour is something other than an economic rebound−perhaps it is an indication that industry professionals have more "marketing and development" time on their hands to attend conferences. It provides them with an opportunity to learn about the strengths of new technologies (i.e., Building Information Modeling), as well as, a venue to develop new business relationships.
In July 2009, Wisconsin (through its Division of State Facilities) became the first state to require BIM on large public projects. The details were highlighted in a previous post.
Yesterday, the Texas Facilities Commission (TFC) announced its adoption of BIM for state design and construction projects. The state has diligently worked to standardize the use of BIM for its future projects. According to TFC Executive Director Edward L. Johnson, Texas wants to be a leader in BIM:
“Modernization of our business practices, modernization of our real estate strategy, modernizing building design and construction . . . a part of everything we do is making use of the most innovative, state-of-the-art developments in both the public and private sector. Three years ago we embarked on making the Texas Facilities Commission the most sophisticated and professional real estate management and building design and construction organization that exists in the public sector. Becoming a leader in Building Information Modeling is an important step in that direction.”
The TFC does not jump on the BIM band wagon and simply issue a press release touting its use of BIM ... their actions speak louder than words. For example, TFC is committed to developing clear standards and guidelines for the private participants, as well as an interoperable BIM template. TFC produced a video that highlights its adoption of new techologies and commitment to BIM:
For more information about TFC's new BIM program, check the TFC website or contact Mike Blackwell, TFC Marketing and Communications Specialist, at Michael.blackwell@tfc.state.tx.us
I know that title sounds odd. Before you start flooding my email box with comments about the practicality of Building Information Modeling (BIM) or the utility of social networking like Twitter, Facebook or LinkedIn in the construction industry, consider the life of the personal computer:
Were you around in the 1980s during the microcomputer wars between Commodore, Apple, Atari and Tandy? Can you believe that some of the first personal computers once plugged into a standard television that acted as the monitor? It's so hard for me to even imagine that the little IBM ThinkPad that I pound my fat fingers on every day once looked like this?
Even when I view the practice of law over the past 20 years, I see the dramatic changes that technology has brought. The legal brief is no longer typed on an IBM Selectric with carbon copy sheets and sent to court via courier—it is drafted on a laptop, converted to an Adobe .pdf document, and electronically filed with the court. The letter to opposing counsel is no longer dictated to a secretary who takes down every word in shorthand—the words are spoken into a digital handheld device, which is connected to a laptop computer that transcribes the entire letter using voice recognition software.
Given the transformation of how these simple tasks have been performed over the past two decades, it does not seem that far fetched to believe that technology can help sustain or revive a construction company in the years that follow this recession. Just read what Geoff Smith, Chief Executive for EllisDon told to Reed Construction Data about the livelihood of the construction industry in the post-recession recovery period:
Turning his focus to new technologies, Smith said that Building Information Modeling (BIM) is the way of the future, adding that those contractors who don’t adopt it will be left behind.
“If you don’t (embrace BIM), you’re not going to make it down the road,” he said. “It’ll take a little while to take hold, because it requires some upfront investment on the part of the clients and the builders. But it’s coming everybody has got to embrace it as soon as they can find a way to.”
The same applies to social networking, which Smith has embraced — he’s on Twitter, Facebook and he blogs. Social media is a key element of the company’s forward-looking strategy, he said.
“The construction industry over past generations has always been about people — we sell people; we put people on a project.
“Now there is the opportunity and the means to sell knowledge, intellectual capital and to create a competitive advantage doing that — and we see the social media facilitating that and creating that opportunity.”
I have written about the future of BIM being "in the pipeline." I have said that mainstream acceptance of BIM is a question of when ... not if. When I take a step back and look at an industry's acceptance of a particular technology (i.e., the law firm's use of laptops, electronic filing, digital dictation devices, Blackberries, etc.), it is not difficult to understand and agree with Smith's comments about BIM and social media.
The more difficult exercise is to crystal-ball the issue of defining when a particular technology becomes universally accepted ... of trying to pinpoint when everyone (...or almost everyone...) will use the laptop, cell phone, DVR, iPhone, or even BIM. But as an advocate of technology, perhaps our job is not to predict ... it is to advance, build up, campaign, encourage and support.
Last month, I wrote about how Building Information Modeling (BIM) helped a project meet its time and money goals when local legislation requiring LEED certification was enacted in Wasington, D.C. The original article that appeared in McGraw Hill Construction provided an excellent overview of BIM uses and strategies for all construction projects, including green ones. The question that keeps running through my mind is: When ... not if ... will BIM become mainstream?
Already, industry contract documents contain BIM provisions. In June 2008, ConsensusDOCS issued its new BIM-baby called the 301 BIM Addendum. In October 2008, American Institute of Architects (AIA) issued the the 3.5 Release, a collective group of documents that included a BIM exhibit, as well as two new Integrated Project Delivery agreements, two new Design-Build agreements and a Scope of Services document. The BIM protocol exhibit called the E202–2008 BIM Protocol is available online for free!
Not only is the private industry demanding ways to integrate BIM into projects, so too is the public industry. Earlier this month, Wisconsin (through its Division of State Facilities) became the first state to require BIM on the following types of projects:
In addition, BIM is "encouraged but not required" on all other projects. Public comments are now being taken on the new BIM standards and guidelines at the DFS website.
What do I think? I imagine most of the players in the large Wisconsin projects know, understand and fully appreciate the utility of BIM as an enhancement to the construction process. More important, however, is the affect that that, if these projects are successful, Wisconsin and its mandated use of BIM will have on the use of BIM by other states and localities. If unsuccessful (by standards of cost, delay, or litigation), then it may simply stall ... and not derail ... the timing of the mainstream acceptance of BIM.
Yes, he actually said that ... Marketing Awesomeness! "Nametag Scott" is an entrepreneur, author, speaker, blogger and consultant. Here is a short video about how Scott Epstein got into the nametag-writing-speaking-marketing business.
What does Best Practices for Marketing Awesomeness have to do with Best Practices Construction Law? Not much ... yet everything! Take a minute and watch what Scott has to say about marketing awesomeness:
Did you hear anything helpful? While we are traditionally in the business of constructing buildings, homes, infrastructure (... and not client lists or fans or followers ...), Scott had some inspiring words:
Whether a construction lawyer, developer, architect, engineer, contractor, supplier, or random Google visitor to this site, we cannot forget the importance of customer service. Remember the "customer" ... the person or company we promised to do something for or provide something to ... as we focus on the day's activities. Integrity is sure to follow.
Thanks to Cordell Parvin, a successful-construction-lawyer-turned-lawyer-coach in Dallas, Texas, who recently wrote a post entitled, Thinking Creatively About Your Future. I first heard about Scott through Cordell!
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[Update: Got a nice note from Scott "Ginsberg, not Epstein" ... If he had only put that on his nametag I would have gotten it right! Sorry Scott.]
I know it's a gamble to think that my wife or kids would be reading Best Practices ... but in case you do ... my birthday is right around the corner ... and I want one of these:
Gadgets like the Canadian-based ecobee Smart Thermostat are coming to America! ecobee has partnered with Brady & Associates, as well as opened a new office in Florida, to roll out this digital, energy-saving thermostat. The ecobee has an integrated programmable smart thermostat with a WiFi-enabled touchscreen that automatically sets your household to conserve energy with a touch of a button.
The ecobee can now also be purchased online ... but that's not the only thing happening via the Internet. You can actually monitor and control your home temperate remotely from a personalized web portal. That means I won't have to get out of bed at night to turn on the air conditioner ... I can use my Blackberry (... or iPhone ... another birthday wish ...)
This post, however, is not entirely about my wants and desires. Let's talk about this little gadget's effect on the green building industry. For example, the ecobee Smart Thermostat was installed in the Minto's Inspiration line of echo-homes, which has been touted as "one of Canada's greenest homes." It has been reported that the ecobee company built its product platform around the LEED rating system. The company's Smart Thermostat was even selected for use in the "Smart Home: Green + Wired 2009" exhibit in March of this year, presented by Wired Magazine in partnership with Chicago's Museum of Science and Industry. The promotional material indicates that the device can recoup its $385 price tag within the first 12-18 months of use.
Has anyone out there installed and used an ecobee? Let me know before July 12 ... that special date right around the corner!
“Intellectual property is an extremely important and valuable asset that is often overlooked or ignored in the construction industry.” So said Brian Hickey and Edward Benes at the ABA Forum on the Construction Industry’s annual meeting in April in New Orleans.
In their joint presentation entitled When the Colors Run Together: Recent Development in the Intellectual Property Aspects of Construction, Brian and Ed highlighted the risks and liabilities associated with the four basic types of intellectual property: (1) copyrights; (2) trademarks, service marks, and trade dress; (3) patents; and (4) trade secrets. Here is why intellectual property finds its way onto our radar screen at Best Practices:
“Economic realities and environmental initiatives will drive a search for streamlined designs, new systems, and innovative materials. Industry leaders will develop standard components and process that can achieve savings in time and money. To the extent that some of these new products, methods, and designs may be protected through copyrighted drawings, trademarks, patents, trade secrets or other means, the inventors and creators will endeavor to do so.”
Brian and Ed did a great job explaining in their presentation how intellectual property relates to construction, architecture and engineering. In simple terms: Construction begins with ideas. Ideas take the form of an expression. Expressions are copied, stored, distributed. Those expressions are edited and improved. You see where this is going … the expressions become subject to protection. These authors packaged this broad issue—intellectual property in the construction industry—in such as way as to understand the risks and walk away with some good pointers, including the following:
I truly appreciate Bryan and Ed’s hard work to bring to light intellectual property for all those hardhat construction lawyers, owners, developers, architects, engineers, contractors and suppliers.
[Note: Unfortunately, I was unable to attend their presentation because I was speaking on The Green Explosion: The Legislative Impact of Alternative Energy, Climate Change and Sustainability on the Construction Industry. However, their written paper was thorough and easy-to-read.]
That's not exactly how the headline reads ... but close enough. The actual title is BIM Promotes Sustainability: Practitioners are Finding Paths to Green through Interoperable Software. As reported by McGraw Hill Construction, this article demonstrates the practical utility of Building Information Modeling (BIM) on a construction project ... a green one! MH reports about the restoration of the historic Grant School in Washington, D.C.: "The contractor had nearly finished the time-consuming coordination of mechanical, electrical, and plumbing trades. Then work ground to a halt. Local legislation had just passed requiring all public buildings to achieve LEED certification."
Although the project was exempt from the change in the law, the School wanted to demonstrate their commitment to green by seeking LEED certification. Using BIM, modifications to the design (including the mechanical systems and the acoustics) were relatively straightforward. Without BIM, the work would would have been prohibitive given the increased costs and delays associated with the re-design.
Two cool things ...
First, the Grant School project featured by MH typifies the benefits of technology in the industry. According to Dwayne Sellars, BIM manager for Turner Construction, his company is using BIM even in situations where the architect does not because the model reveals conflicts between systems that are often discovered only in the field.
Second, not only does the Grant School project illustrate the effective use of BIM technology, the format of article itself is exciting. The article is presented in a case-study format as part of McGraw Hill's Continuing Education Center. You can review the information and take a test for 1.00 credit for HSW/SD. According to CEC, after reading the full article you will be able to:
The real import of the article--and particularly the convergence of BIM and LEED--is realized upon reading the concluding paragraph:
Architects are receiving better, earlier energy-related analysis; engineers are providing more focused expertise during design; builders are reducing waste in construction; and facility managers are increasing the efficiency of their operations. And many of those experiencing the benefits of technology and teamwork have visions of still more capabilities and benefits in the future.
No time for the test, McGraw Hill ... but thanks for the good information.
Earlier this week, I read an article in the Daily Commercial News about the future of building information modeling:
The advent of building information modeling will have a major impact on project-delivery methods, says Ottawa contractor Doug Burnside, president of Dolyn Developments Inc.
“I think we are going to see more design-build projects as opposed to traditional design-bid-build,” he told a seminar at the Ontario General Contractors Association’s 6th annual construction symposium.
“I don’t see it happening tomorrow, but it’s certainly in the pipeline.”
After reading the article, I picked up the phone to chat with my colleague from up North. I introduced myself. (... I am sure my accent sounded as foreign to him as this Ottawa gent's accent sounded to me ... except I liked his accent! ...)
Doug's comments above were made as part of the President's Panel for Ottawa's General Contractors' Association. Doug and his fellow construction presidents (Matt Ainley, of Vanbots, a division of Carillion Construction, Frank DeCaria, of Eastern Construction; Tom Kemp, of James Kemp Construction Ltd.) gave brief introductions and answered questions from the conference members.
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"Building information modeling will be mainstream one day," Doug told me on the phone. "It will be like AutoCAD ... If you don't speak BIM, you can't play."
To you, Doug's comments may be a "no brainer." But to me, they represent the real dilemma that many contractors and industry players will face in the next few years. As Doug explained, "The real question for us is: At what point do we buy in?"
If the construction industry is heading in a particular direction--whether it involves a particular project delivery system, a particular document management software, or a particular process like BIM--the key inquiries are: (1) When does your company join the industry trend?; and (2) How much do you invest in getting involved? I think the "no brainer" to the first question is NOW. The second question will depend entirely on your resources available and your ingenuity in finding support from within the industry (such as a seminar given by AGC or ABC).
My roomie from law school, Rick Klau, sent me a note this past weekend. Actually, he tweeted it! (You, too, can follow me at www.twitter.com/matthewdevries). I was excited to hear where Rick was visiting.
"Best Practices..." you ask, "Why are you posting about your old law school roommate? This is a construction-related blog!"
The best answer I can give you is that this former roomie of mine was asked to be the commencement speaker for the graduating class of 2009 of the University of Richmond School of Law and he had some great stories to share. After all, he went from law student, to founder of the first exclusively online law journal (JOLT), to author, to political volunteer, to owner of a start-up technology company that was purchased by Google ($$$), to technology guru at Blogger.
Also, after reading the text of his speech, I am more convinced that his words hit the mark of Best Practices for any industry ... whether you are involved in the law, technology, finance or construction:
Google didn't get to where we are by following those before us. Nor will change come to the legal profession incrementally. To be an agent of change, a steward for the profession, you must think big. The forces at work are too large, too numerous, and evolving too quickly. You must have the audacity to, to borrow a tagline from another Silicon Valley company, think different.
To be a steward for the construction profession, you really have to think big ... you have to think different. If we were to take a look at the Top 10 contractors, design-builders, architects, or engineers in the industry, no doubt you would find these attributes that set a company apart from the rest ... that is, the desire to think big ... to think differently ... to excel in their services. Does your firm have a mission statement like Bob Moore Construction, Inc. in Arlington, Texas? If not, it should.
Rick, thanks for the great words of wisdom. Whenever you are ready to write a guest post for BPCLaw, let us know.
Photo: tarotastic
That's a pretty old looking contract ... hanging in the historic courthouse in downtown Arthur, Nebraska. Good thing our standard form construction contracts are not that old!
Last week, the American Institute of Architects (AIA) held its national convention in San Francisco, California. Although “construction manager” (CM) contract documents had been released in 2007 and 2008, AIA released its replacement CM documents and an updated version of its AIA Contract Documents at last week’s meeting. Some of the more noteworthy revisions of the CM documents include:
According to AIA, the new release of software includes enhanced document management tools, as well as an easier-to-use platform:
Has anyone used the new software? You better try it out! You should also begin looking at the 2007 revised documents because I also hear that the 1997 standard documents will no longer be supported as of May 31, 2009.
Photo: JimmyWayne
It is official. The Construction Blawg is retired. For a number of years, I maintained a construction-related blog called The Construction Blawg … which was highlighted by the ABA Journal Law News Now. While all of the posts are archived, we may have a difficult time resurrecting the content given the internal hyperlinks and coding and expiration of our domain. (… for you non-techies, that means that there are a lot of codes within each post that will have to be manually changed … )
Although The Construction Blawg has been retired, I am returning to the cyberworld with Best Practices Construction Law. You will see some of the old regulars like Rip Rap (...focusing on those random construction stories...), but you will also see some new commentary … with a great emphasis on issues like Green-Building, Technology, Building Information Modeling, Great Tips on Project Management and Alternative Dispute Resolution.
Another significant change in The Construction Blawg family is that I now have five … yes, that’s right … FIVE children … and four of them are under five years old! So I will have some great stories to tell you, which hopefully will shed light on some best practices in the construction industry. No, really. Trust me.
So, out with the old … in with the new! Make sure you check back regularly.
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