Best Practices Construction Law : Construction Lawyer & Attorney : Matthew DeVries : Stites & Harbison Law Firm : Green Building & LEED Litigation

Yesterday, the American Institute of Architects (AIA) and Associated Builders and Contractors (ABC) announced a marketing partnership agreement that is designed to foster a greater understanding and exchange of ideas between architects and contractors in the construction industry.

According to the press release, the industry giants have great things to say about each other.

• AIA President, Clark Manus: “We see this as the beginning of a larger, long-term partnership between the AIA and ABC. For more than 100 years, the AIA has been committed to promoting greater industry collaboration among architects, owners and contractors, and this partnership is a natural extension of this work. ABC’s decision to partner with the AIA speaks volumes about the fair and balanced nature of AIA documents and their universal acceptance in the industry.”

• ABC President and CEO Mike Bellaman: “We believe this partnership will provide value to ABC members by giving them access to more resources to help them  win work and deliver that work safely and productively.  This partnership will allow for a healthy exchange of best practices and enhance relationships between architects and contractors, as well as bring more value to the industry.”

As part of the partnership, AIA will provide a number of benefits to ABC members, including a discount on the purchase of any retail-priced AIA Contract Document software license and access to AIA Contract Documents education programs.

In my personal opinion, this will be an interesting partnership to watch.  You may already know about the growing acceptance of ConsensusDOCS, which includes 35 coalition partners including the Associated General Contractors, as well as ABC.  I look forward to seeing what comes out of the program discussions between AIA and ABC.

Image: Cara_VSAngel

• Email This
• Print
• Comments (1)

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.

• Email This
• Print
• Comments

As a father of five children, I have fully prepared myself for "the" talk.  Already, I have discussed the various scenarios with my daughter about dating, courtship and marriage.  According to this eleven-year-old Princess, the line in the sand of appropriateness ... is ... "just holding hands."  (Whew!)

Last week, the two primary construction industry groups in Tennessee—the Associated General Contractors (AGC) and the Associated Builders and Contractors (ABC)—began holding hands.  At the 2009 State AGC Convention in Nashville, leaders announced a new partnership between the state AGC and ABC organizations.  According to Ed Baldwin, President of AGC of Tennessee, "both groups have recognized the importance of partnering as a positive means to achieve excellence in construction and better represent the entire industry." 

The "holding hands" venture has been officially reduced to writing in a "Cooperation Statement" approved by leaders of both industry groups.  According to the statement, the groups have agreed to the following measures:

1. Provide a forum to identify and discuss common areas;
2. Endeavor to build trust and respect between the two groups; and
3. Attempt to avoid surprises in their cooperative efforts.

In response to my inquiry, Dan Brodbeck, President of ABC of Tennessee, said, "Our group is excited about the cooperation agreement with AGC.  We look forward to opening the lines of communication with our partner to address those construction concerns that each of our members currently face." 

Is there any precedence for such a cooperative agreement?  Actually, these two organizations have done more than hold hands, kissed and dated ... they got "hitched" in two states.  In 1994, the Arizona chapters of ABC and AGC merged to form a joint venture called the Arizona Builders Alliance.  More recently, TEXO: The Construction Association was formed in October 2008 as a result of a merger between North/East Chapter of the AGC of Texas and the ABC North Texas.

• Email This
• Print
• Comments (1)

Essays are a great way to teach lessons. Right now, my eleven year old daughter … who I will simply call “Princess” … is at that age where almost everyday is an “Essay Day.” Last week, when caught in the middle of a lie—about an issue that was not even meaningful—my Princess was required to write an essay about INTEGRITY.  Despite the trend of repitition, she got most of it right:

Integrity means to be honest when no one is looking. If you have integrity you will have more privileges and trust and friends. If you have integrity your friends will trust you because they know you are trustworthy in all things and at all times. . . . If you have integrity, you are honest, trustworthy and you are a good friend to have especially when your friend needs help with an outfit choice.

A career in the construction industry, just like the legal industry, can be made or destroyed based upon your reputation. What if you are known as the contractor who cuts corners, is hard to communicate with, or is just plain difficult? What if you are the owner-developer who has a reputation for never approving changes or for always delaying on responses to requests for information? The fact is … your reputation will follow you.

Reputation, however, is not the only thing that should concern you. There are countless federal and state regulations and statutes that address (and sometimes require) ethical practices in contracting. Indeed, a 2007 Federal Acquisition Regulation amendment requires contractors receiving awards in excess of $5 million on a government contract adopt written codes of business ethics and conduct. Associated Builders and Contractors, Inc. published a four-page guide for complying with this rule.

The point is … ethics and integrity should be part of our everyday lives … no matter where in the construction diagram you fall. And it should not be treated as a marketing trend. In the words of one eleven year old: “You should be honest even when no one is looking.”

• Email This
• Print
• Comments