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.

In this day and age of Biggest Loser, South Beach Diet, and the latest fitness craze highlighted by Oprah, I find myself more and more conscious about my eating habits. In fact, if you promise not to tell anyone, we have a little fitness competition within our own law firm starring four fatties. Although I have not been faithful to my own fitness regime (…again, please keep that a secret…), I have found myself diving into a new set of suits in my wardrobe. Herein lies today’s topic…the matter of perspective.

You see, according the average observer, my somewhat strained belt buckle and 1-inch-shy-of-buttoning jacket are signs of an outgrown suit. But little does that average observer know is two months ago I would not have been able to attempt the acrobats of wearing this suit to work. This is one of many suits from 10 years ago! Give me two more months and the pants will be sliding on with room to grow.  You see, that average observer has a different perspective than my family who has never seen me in these suits.

I view a lot of the challenges in the green building industry as emanating from a matter of perspective. There are countless resources available on the web about the legal risks associated with green building—just look at some of the green sites on the sidebar ( —–> ). However, as you scroll through some of those posts on green building, the tone of each writing evidences the perspective of each author. In the same fashion, a green building seminar given to construction attorneys is entirely different than a green building seminar given to owners, design professionals and engineers.

Stated differently, the parties’ expectations about the benefits of a green design will result in disputes. As noted by Frank Musica at the 2007 AIA Convention, these are often “unrealistic expectations” of the owner-developer that place significant risks on the architect. But Frank was presenting to a bunch of architects. What if the talk was given by Professor Thomas E. Glavinich at an annual AGC convention, who defines "the green contractor"?  (… If you look closely, Frank was there, too. Frank is everywhere …)

Do you understand the potential disputes caused by the parties’ perspective? So long as each party maintains a different perspective on the particular issue, then disagreement will run the project performance. But if the parties are able to clearly and accurately reduce their reasonable expectations to a writing … a contract … then perhaps the perspective they will share is one of success.

Best Practices. Lessons Learned. Reliable Methodologies. Successful Techniques. Scour the Internet and you will find any number of good definitions for "best practices", including:

  • "A commitment to using the best practices in any field is a commitment to using all the knowledge and technology at one’s disposal to ensure success." (What Is)
  • "A technique or methodology that, through experience and research, has proven to reliably lead to a desired result." (Wikipedia)

"Best Practice … implies accumulating and applying knowledge about what is working and not working in different situations and contexts, including lessons learned and the continuing process of learning, feedback, reflection and analysis (what works, how and why)." (VisitAsk)

I have fond memories as a newly minted lawyer in the Washington, D.C. area … working for a nationally recognized construction boutique law firm … writing various for senior partners on "lessons learned" and "best practices."  Through the years of research, writing and litigating, I learned that many disputes could have been avoided by employing best practices during all phases of the project … contract drafting … team building … document management … efficient technology … and the list goes on forever.

To us, Best Practices Construction Law is "… using experience, knowledge and technology to ensure success in the construction industry …"  And that is what we are going to explore.   In the process, we are going to have some fun.  I will open the door to my family … you can do the same … and let’s make a difference in the construction world.

 As I was watching the evening news this week, I learned that my new home may have some Chinese drywall within its four corners.  What does that mean?  Well, I am too late to the game to accurately capture what has been going on the world of Chinese drywall litigation.  Just check out the growing number of Google-News archives for "Chinese drywall."  Or check out the new legislative update from ENR on drywall issues.

Here is a round-up of a few my favorite posts:

  • On Construction Law Monitor, Scott Wolfe discusses the difficult choices faced by builders, homeowners, and construction attorneys.  These posts contain thoughtful considerations and practical checklists when dealing with drywall claims.
  • On his other blog called Chinese Drywall Blog, Scott highlights a chart of drywall shipments from China, which is easy to read and provides great information (prepared by the Harold Tribune).

I have not seen or heard of any claims in Tennessee, but there were reports on the news that new homes ( … like mine … ) being built in the 2005-2006 "may" have some of the tainted materials.  We know it made it to Charleston, South Carolina … but did it make here? 

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).

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

As I was driving to work, a super-hero-like voice interrupted my morning news program on the radio: "Green Power Switch is coming to a neighborhood near you!  Green Power Switch will allow you, the consumer, to choose to purchase “green” energy from the companies that sell the power that TVA generates."

That’s right! The Tennessee Valley Authority and local power companies are banding together to offer their customers various alternatives of renewable energy (i.e., solar, bio fuels and wind).

Self, I ask, what’s the big deal with that? The big deal is that the speeches and PowerPoint presentations we’ve heard on renewable energy legislation and its effects on the construction industry are becoming a reality.  

Just a few weeks ago, the Green Ribbon Committee on Environmental Sustainability issued its recommendations to Nashville Mayor Karl Dean, including the following: 

  • "Implement program at NES to switch from petroleum oil to a soybean-based oil for transformers used city wide."
  • "Develop a Metro Green Fleet program to expand the use of electric vehicles, hybrids and bio-diesel to help diversify energy supplies, decrease emissions and support regional economic activity."
  • Adopt an Advanced Metering Infrastructure (AMI) system for NES residential customers that would enable them to manage their energy consumption and conservation efforts.

From government initiative … to legislative enactment  … to industry standard … to consumer incentive … renewable energy will have a dramatic effect on the construction industry as a whole. Already, we are seeing green-related ordinances that affect the day-to-day business operations of your hard-hat construction contractors, laborers and suppliers.  Take, for example, the green cement ordinance in Dallas, Texas that requires use of cement from "dry kilns" versus "wet kilns."  That’s good news if you operate a dry kiln … not so good news if you operate a wet kiln.  In other instances, the issue is finding its way into the court system like City of Albuquerque v. AHRI, which blocked enforcement of various state energy conservation codes in New Mexico on preemption grounds. The plaintiffs were a group of HVAC and water heating equipment trade organizations, contractors and distributors.  (Steve Del Percio discusses the City of Albuquerque v. AHRI case on www.greenbuildingsNYC.com.)  

These are just a few examples of the 411 (… information …) that you can find here at Best Practices Construction Law.  Check back soon for an overview of other green-related legislation affecting the construction industry.

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:

  • the famous "dispute resolution" checkbox that now appears in the A-101
  • the famous “initial decision maker” (IDM) for disputes
  • various provisions regarding digital data

According to AIA, the new release of software includes enhanced document management tools, as well as an easier-to-use platform:

  • Data Dialogue box that makes it easy to fill out documents quickly;
  • Customizing function that lets you save your favorite drafts as your own document templates for repeat use;
  • Microsoft Excel helps you calculate with speed and accuracy

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

ABA Journal Law News Now

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.