Best Practices Construction Law : Construction Lawyer & Attorney : Matthew DeVries : Smith Cashion & Orr Law Firm : Green Building & LEED Litigation

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.

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments (2)
• Trackbacks

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

• Email This
• Print
• Comments
• Trackbacks

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.

• Email This
• Print
• Comments (2)
• Trackbacks

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:

• all projects (new or additions/alterations) with a total budget of $5 million or more
• all new construction with a budget of $2.5 million or more
• all addition/alteration construction with total project funding of $2.5 million or greater that includes new addition costs of 50% or more of total

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.

• Email This
• Print
• Comments
• Trackbacks

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: 

• Describe building-information modeling (BIM).
• Explain strategies for applying BIM to promote sustainability.
• Discuss uses of BIM at different phases of a building's life cycle.
• Understand how BIM relates to green "best practices" within your own discipline.

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.

• Email This
• Print
• Comments
• Trackbacks

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. 

"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).

• Email This
• Print
• Comments (1)
• Trackbacks