Monday, January 26, 2009

Nano nerves on the horizon?

I know this is not construction related - though these nanotechnologies will also advance our understanding and abilities in the built environment - I thought this we too cool not to pass a long. This kind of research reminds me of my oldest daughter announcement at age 13 that she wanted to genetically modify corn plants and other leafy plants to capture a portion of the energy they extract from the sun and store through photosynthesis and turn that energy from the sun into electricity and feed it into the grid through the roots of the genetically modified plants. As sci-fi as it sounds its still pretty cool. As is the story below.

"Viruses that mimic supportive nerve tissue may someday help regenerate injured spinal cords. While other tissue-engineering materials must be synthesized and shaped in the lab, genetically engineered viruses have the advantage of being self-replicating and self-assembling. They can be designed to express cell-friendly proteins on their surfaces and, with a little coaxing, be made into complex tissuelike structures. Preliminary studies show that scaffolds made using a type of virus called a bacteriophage (or phage) that infects bacteria but cannot invade animal cells can support the growth and organization of nerve cells."

Read the whole thing!

Email: James.Salmon@CollaborativeCR.com
Phone: 859-802-1118 / 859-912-7747
Skype: JameswithCCR
Web: CollaborativeConstruction.com
Blog: CollaborativeConstruction.BlogSpot.com

Thursday, January 22, 2009

Liability Issues Related to IPD Addressed

Liability Concerns… and some answers

Introduction to IPD in 3D™

Sophisticated consumers of construction and design services are demanding increased efficiency and productivity from the array of professionals that deliver such services. One of the most effective tools for achieving such increases is so-called Integrated Project Delivery (IPD). However, few stakeholders in the building industry have mastered the knowledge base and skill set required to perform effectively in an IPD environment.

This article briefly describes the foundation upon which an effective IPD program must be built and then tackles liability concerns raised by many stakeholders.

To understand the importance of a solid foundation for an effective IPD program it helps to envision an arch, made of Building Information Model (BIM) and other virtual construction and design tools as blocks on one side, and lean construction techniques and methods (Lean Construction) as blocks on the other side, supported by a keystone represented by the new generation of collaborative and integrated agreements (Collaborative Agreements) holding the BIM and Lean Construction blocks that form the arch in place.

More and more, professionals seeking to achieve IPD are interested in learning how to utilize BIM and Lean Construction effectively and how to draft, negotiate and implement Collaborative Agreements that work. Collaborative Construction Resources, LLC is one of the few consulting firms in the country that understands how the pieces of the IPD puzzle fit together.

In this essay we explore some of the vexing legal issues associated with the use of BIM in an IPD environment and provide some general insights into how best to deal with those issues. Anyone interested in more detailed solutions should contact us directly.

Collaborative Agreements, BIM and Lean Construction Reduce Risks

The specter of liability rears its head whenever IPD and BIM are discussed, but too often those discussions ignore the risk reduction mechanisms in quality Collaborative Agreements and the risks mitigated by the effective use of BIM and Lean Construction techniques.

There are three powerful mechanisms in a quality Collaborative Agreement that substantially reduce the risk of litigation and empower the parties to resolve disputes - which are inevitable - in a collaborative and efficient manner. The first mechanism actually consists of two waiver provisions in such agreements, one via which the parties waive claims for decisions made by consensus and a second whereby the parties waive claims for consequential damages. While not particularly novel, these two provisions effectively eliminate an entire swath of potential claims among the parties to the agreement. When subcontractors and consultants sign joining agreements, binding themselves to those same provisions, even more claims are eliminated.

The second mechanism it the malleable laddered alternative dispute resolution clause (Laddered ADR Clause) found in most Collaborative Agreements. Laddered ADR Clauses contractually mandate parties to disputes actively engage in open and honest communications to resolve disputes and do so at the field level, manager level, supervisor level and executive level, in succession. If those efforts fail, then the third risk mitigation feature of a Collaborative Agreement comes into play.

The third prominent risk mitigation feature built into a Collaborative Agreement is the pre-contract selection and mandatory use of a Project Neutral, or on bigger projects, a Dispute Review Board. Disputes that cannot be resolved through the process detailed in the Laddered ADR Clause must be mediated, and ultimately arbitrated before a Project Neutral or a Dispute Review Board. By waiving the right to litigate disputes, and agreeing instead to submit irreconcilable disputes to mediation/arbitration, the parties can ensure resolution of almost all project related claims within the four corners of the Collaborative Agreement.

In addition to the risk mitigation features built into a quality Collaborative Agreement, BIM and Lean Construction methods themselves empower stakeholders in an IPD environment to actively mitigate risks. A quality BIM strategy, implemented from the outset under the experienced eye of a professional BIM consultant will eliminate countless delays and mistakes. Likewise, a quality Lean Construction program – one that taps the timely and accurate design data generated through the quality BIM Strategy and utilizes a quality Lean Supply Chain manager - will empower the parties to surface and resolve design and constructability issues of all kinds in advance. These tools will wring an amazing amount of inefficiency out of the design and construction processes and the supply chain. These tools and processes reduce risks by obligating the party in the best position to mitigate a particular risk at a particular moment in time with the duty of doing so.

In an IPD environment, project risks - like project costs - can be reduced substantially through effective use of BIM and Lean Construction techniques, and the Collaborative Agreements that support them. Further, the more collaborative tools you deploy in an IPD environment, the more risks you mitigate and the more costs you save. Keep that fact in mind when the specter of increased liability is raised as barrier to IPD and BIM.

While the specter of increased liability pales significantly in the perfect IPD environment, it is rare indeed that a project is completed in such an environment. The more common scenario involves a piecemeal implementation of the collaborative tools described above under a series of traditional construction contracts that pit the economic interests of stakeholders one against another, spawning disputes, distrust and – too often – litigation. In such an environment, the specter of litigation and ensuing liability is very real, and worthy of analysis.

Liability Issues Associated with the use of IPD and BIM

The broad availability of BIM data on projects of all kinds is altering the role design professionals play on construction projects and impacting the scope and quality of the professional services they provide. When BIM and other virtual design tools – in real time - are rendering and updating multi-dimensional images of butterfly-joints, cross-beams, footers and mechanical systems, all of which impact project schedules, cost estimates and supply chain logistics and virtual renderings – which may also be updated in real time - who is responsible for the specifications that drive those changes? In other words, who ensures the accuracy of the specifications incorporated into a facility designed and built utilizing BIM and Lean Construction techniques where the design professionals and the constructors engage in unprecedented collaboration? Is the answer the same if the data initially provided by the design professional is supplemented by data from the contractors, vendors and the owner that result in the selection of different elements than those originally specified by the design professional?

Some argue there is a heightened risk of liability for design professionals if information input into the BIM is inaccurate or the software processes it incorrectly. Others predict catastrophic failures where no human judgment is applied to the elemental construction components selected by BIM programs, but in accordance with the design professionals’ specifications. Still others contend design professionals from Generation X and Y will rely too heavily on computer generated BIM because they lack field experience gained through the school of hard knocks. They argue blind reliance will lead to the use of construction materials and systems that Old School design professionals would reject out of hand as unsound.

A plethora of additional legal issues will emerge as courts assess responsibility for design errors committed by collaborative teams that include constructors, owners and design professionals. Liability for such design-decisions may depend on what information is included in the BIM, who had the ability to add or change data, and the reasonableness of a contractor’s decision to rely on the BIM. With the lines of responsibility blurring for design-decisions in a collaborative environment some lawyers argue professional liability risks may reach contractors, subcontractors and even building owners that alter BIM data.

There are also questions as to who maintains the BIM and provides warnings of possible problems revealed by statistical analysis of BIM data over time. For example, if a particular suspension system is proven more likely to fail than similar systems, who is responsible for tracking performance of such systems and providing warnings to owners that may be unaware of the potential for early failure? Are owners in possession of data showing the possibility of early failure liable? Is the design professional free from liability for future damage or the failure to warn of future damage? Is the answer the same if the design professional retains possession of the BIM? Does the answer change if the owner takes possession of the BIM at the conclusion of the project?

There is also a risk that BIM software may contain flaws that will result in unanticipated design defects. Some also question whether current professional liability policies will cover claims arising from the improper selection of building components by BIM software. In other words, do the design professionals have an obligation to double check the computers prior to incorporating such components into a structure? Stated differently, some suggest we are driving human judgment to ground and eliminating the ability to identify obvious structural problems.
Data theft from BIM systems is another risk to consider. Sensitive information related to the design, construction and operation of certain facilities needs to be properly secured. Questions raised by the theft of BIM data include the following. Who is responsible for the loss of that data or its subsequent illicit use? Who is responsible for making changes to protect the data in the event that the loss of the computer is discovered but no illegal use has been made of the information? What kind of insurance policy should be purchased to mitigate this risk?

As interesting as the foregoing questions may be, the most important question is whether BIM will alter the standard of care to which design professionals are held when developing building concepts and specifications. Ultimately, that question will be answered with a resounding “Yes” and the biggest risk to design professionals will actually be the failure to embrace BIM and the advanced design tools that accompany its use. Design professionals will inevitably make errors that lead to change orders or future structural problems. Identifying and resolving those issues as early in the design process as possible is the best way to mitigate the risks associated such mistakes and the collaborative tools that enable effective delivery of IPD are the best way to do so.

In short, BIM is the standard by which a design firm’s competence will be judged and design professionals who fail to learn BIM will be at the greatest risk. The “reasonable” design professional will be the one that embraces BIM, while the actions of those that do not will be deemed to have fallen below the standard of care given the widespread availability of BIM.
Traditional Contractual Protection

In a traditional contract setting design professionals must continue to protect themselves from potential BIM related risks. If it appears that a design professional’s work might be altered by future decisions made by contractors or the owner, the design professional should be contractually absolved from liability where it no longer has control over the decision-making process. Traditional contracts with an owner should contain a third-party beneficiary clause that rejects any contractual relationship with anyone other than the owner and makes clear it is not conferring a benefit to other parties including contractors, subcontractors or vendors as a result of their involvement in the work or their use of the BIM system.

The design professional’s contract should also contain a waiver of direct or consequential damages due to the failure of BIM systems (other than the system they own and control) or errors in the BIM data over which they have incomplete control. This waiver should extend to loss of revenue, loss of profits, loss of business and loss of business opportunity as a result of the reliance of any parties on information derived from the BIM system once the data has been transferred from the design professional to any third party. There should also be a waiver of damages for theft of data beyond the control of design professional for information that is stolen by persons illegally accessing the databases of the BIM system.

The contract should also address how the databases that feed information to the BIM will be maintained and who is responsible to warn contractors and owners if future problems are identified by database updates. Design professionals should be absolved from liability for claims arising out of elements of their work that were not known to be defective at the time the design professional performed the services related to the property where a loss occurs.

IPD Oriented Thoughts on these Vexing Questions

No one can pretend to have all the answers to all the questions posed above. What BIM practitioners can do, however, is engage in proactive steps designed to mitigate the risks associated with the delivery of design and construction services in a BIM environment. What follows are general suggestions. Those interested in more detailed solutions should contact the author directly.

Deploying BIM without an intelligent BIM Protocol in place is risky, as is providing BIM dependent design or construction services under a contract without an effective BIM Addendum. Design professionals and other project stakeholders will increase their risk of incurring BIM related liability if they fail to establish a prudent BIM Protocol and fail to insist on a BIM Addendum when contracting for the delivery or receipt of design or construction services in a BIM environment.

Accordingly, the first step to protecting the BIM practitioner – or stakeholders on a project delivered in a BIM environment - is the drafting and implementation of a BIM Protocol that addresses the mitigation of BIM related risks, both internally and externally. Second, any party that contracts to provide design or construction services in a BIM environment ought to insist the parties draft, negotiate and execute an effective BIM Addendum. The scope and nature of a quality BIM Protocol and an effective BIM Addendum will vary by organization and project and the details of each are beyond the reach of this article. Suffice it to say, the prudent BIM practitioner will insists on the use of both. Use of a Collaborative Agreement by the stakeholders in an IPD and BIM environment would be ideal, but too often the parties find themselves faced with a traditional contract. In that setting, it is even more important that organizations have an internal BIM Protocol and insist that an effective BIM Addendum be negotiated.

In addition to establishing an intelligent BIM Protocol and negotiating an effective BIM Addendum, BIM practitioners should pay close attention to insurance issues. While insured services have been broadly defined in errors and omissions policies, coverage does not yet extend to situations in which parties other than the insured design professionals have the ability to modify data provided by those design professionals through the use of BIM technology. As these standards evolve, design professionals and their risk managers should remain actively engaged in discussions with their insurance agents and lawyers about the best course of action.
Ultimately underwriters must be educated regarding the use of BIM and how the use of BIM actually reduces and mitigates risks. As more claims data is generated in the IPD and BIM environment, the cost of insurance in those environments is likely to decrease. Meanwhile, many carriers remain skeptical and few have reduced rates. Stakeholders delivering or receiving design or construction services in an IPD and BIM environment should insist on affirmative coverage for claims arising out of the use of BIM. At a minimum, such stakeholders need to ensure that such claims are not excluded.

Conclusion

The best solution to this series of vexing legal issues is the informed use Collaborative Agreements that enable the use of BIM and Lean Construction methods in an intelligently designed IPD environment. Absent and effective and intelligently drafted Collaborative Agreement BIM Practitioners should, at a minimum, establish an internal BIM Protocol and insist on a BIM Addendum being added to any traditional agreement they sign that calls for the delivery of design or construction services in a BIM environment.

Stakeholders on many construction projects are adopting miscellaneous tools from the collaborative tool shed on an ad hoc basis with little or no professional guidance. To effectively deploy collaborative tools on a consistent basis, stakeholders must invest in new business processes that well enable them to take full advantage of the new generation of collaborative tools emerging in today’s market place. Those that do so will substantially reduce their costs on projects while significantly mitigating the risks associated with the receipt and/or delivery of design and construction services in an IPD environment.


Email: James.Salmon@CollaborativeCR.com
Phone: 859-802-1118
Skype: JameswithCCR
Skype: 859-912-7747
Web: CollaborativeConstruction.com
Blog: CollaborativeConstruction.BlogSpot.com

Monday, January 12, 2009

Collaborative Construction Resources' Services

Introduction to Collaborative Construction Resources, LLC’s
Innovative IPD in 3D™ System


A Revolution is bringing Integrated Project Delivery, (IPD) Collaborative Agreements, Building Information Models (BIM), and Lean Construction and Design methods to US Markets

Collaborative Construction Resources, LLC (Collaborative Construction) provides the legal foundation for the revolution sweeping the planning, design and construction industries. With its innovative IPD in 3D™ System Collaborative Construction empowers virtual collaborative teams to achieve Integrated Project Delivery (IPD) in a framework of collaborative and integrated agreements (Collaborative Agreements) while utilizing Building Information Modeling software technology and processes (BIM) and proven Lean Construction and Design methods and techniques on projects. In the planning, design and construction phases, powerful new tools are reducing costs, speeding delivery by months, improving quality, and substantially mitigating risks. Owners of facilities completed in this manner enjoy increased functionality, reduced operations and maintenance costs and long term energy savings. These exciting new tools are improving construction projects of all kinds all across the US and Collaborative Construction is helping stakeholders throughout the construction industry put these tools to work.

Collaborative Construction’s Unique Resources and Services

Collaborative Construction utilizes IPD in 3D™ to help all stakeholders in the construction industry (including architects, engineers, contractors, subcontractors, owners, sureties and others) form virtual collaborative teams and to complete projects as members of virtual collaborative teams that utilize Collaborative Agreements, BIM, and Lean Construction and Design methods and techniques to achieve IPD in 3D™.

IPD in 3D™ provides clients access to a unique suite of services tailored to the needs of experienced stakeholders in the planning, design and construction industries. These services include strategic and collaborative consulting, access to Collaborative Construction’s dynamic Collaborative Construction Blog, access to a networked group of like-minded professionals known as Collaborative BIM Advocates, informative teleconferences and webinars, convenient on-line consulting, in-person consulting, and individualized employee training. Collaborative Construction helps clients achieve IPD in 3D™ through the intelligent and effective use of Collaborative Agreements, BIM and Lean Construction and Design methods and techniques.


Collaborative BIM Advocates is a network of like-minded professionals from around the globe, who are interested in the use of IPD in 3D™, Collaborative Agreements, BIM and Lean Construction and Design methods to provide planning, design and construction services more efficiently. Collaborative BIM Advocates, which is sponsored by Collaborative Construction and other members, was founded in August 2008, and distributes its monthly newsletter to over 750 like minded professionals around the globe. Collaborative Construction constantly draws on the expertise of these members to serve clients. This global network of experienced professionals constantly exchanges ideas and referrals through the professional networking site, Linkedin, through the group’s website and through personnel referrals. Members of the group also offer extensive professional training services. This group meet and networked at the Ecobuild America AEC – ST Fall Conference in Washington D.C. in December 2008, and will meet again in Denver in May, 2009. Other like-minded professionals are invited to join us.

Collaborative Construction’s Unique and Innovative Consulting Agreements

The center piece of Collaborative Construction’s consulting services is its innovative Multi-Party Consulting Agreement. Collaborative Construction’s Multi-Party Consulting Agreement is an excellent mechanism for prospective parties to learn more about IPD in 3D™, Collaborative Agreements, BIM and Lean Construction and Design methods and to negotiate, finalize and execute an actual Collaborative Agreement. These services can be tailored to meet the needs of a single industry stakeholder through our Single Party Consulting Agreement, but we strongly recommend that our single party clients join forces with other stakeholders as soon as they are comfortable doing so, and enter into a Multi-Party Consulting Agreement as a virtual collaborative team.

Collaborative Construction offers a separate customized suite of services to institutional Owners interested in revising their requests for proposals (RFP) and requests for qualifications (RFQ) to prompt bids from collaborative teams, rather than from individual firms. Owners who request collaborative delivery of planning, design and construction services are seeing substantial increases in the efficiency and productivity from the professionals who deliver those services. Collaborative Construction can help owners revise their existing RFP and RFQ documents to request services on a virtual and collaborative basis.

Individual stakeholders can reach out to knowledgeable and trustworthy collaborative partners and enter into Collaborative Construction’s Multi-Party Consulting Agreement with those partners. Collaborative Construction is willing to meet, for a minimal charge, with prospective clients prior to executing a Multi-Party Consulting Agreement.

Special Features of Collaborative Construction’s Multi-Party Consulting Agreement

Collaborative Construction’s Base Services/Optional Services:

Collaborative Construction’s clients are only obligated at a minimum for Base Consultant Services, a half or full day on-line or in-person introductory meeting. All of the other Consultant Services are Optional Consultant Services and are only provided and paid for if our clients continue to move through the Introduction, Learning, Implementation and Achievement Stages (on one or more Projects). The Multi-Party Consulting Agreement can be terminated by the clients at any stage.

Regardless of how far they progress, all clients will be better positioned in the market when armed with the knowledge Collaborative Construction provides through its innovative IPD in 3D™ System.

Sharing costs, risks and rewards:

Under the Multi-Party Consulting Agreement all clients can share equally in the payment of fees and expenses. Different payment arrangements can be made, and we offer Single Party Consulting Agreements, though we highly recommend clients share the costs whenever possible. Sharing the costs through a Multi-Party Consulting Agreement promotes the all-for-one-and-one-for-all mentality clients will need to develop to succeed as collaborative team members who achieve IPD in 3D™ together.

Clients Collaborate Early and Virtually:

Clients learn collaboratively together, as they work physically and virtually alongside trusted business partners to plan, prepare and position themselves to take advantage of these exciting new tools and to pursue specific projects as parties to Collaborative Agreements that enable IPD in 3D™, as well as the effective and intelligent use of BIM and Lean Construction and Design methods and techniques.

Virtual Participation of Clients' Key Advisers:

Collaborative Construction invites extended Staff, Legal Advisers, Risk Managers, IT Staff or Consultants, and all other key advisers of clients to participate, both in person and virtually. All of our clients' relevant decision-makers, stakeholders and professional advisers, both internal and external, are expected to participate, where appropriate, under all of our Consulting Agreements.

Building Strategic Virtual Alliances:

Clients will use the Multi-Party Consulting Agreement to build strategic alliances with one another. Construction owners will have the opportunity test their relationship with prospective architects and constructors and vice versa. Prospective project participants can get 'engaged' to, or extensively interview and evaluate one another through the Multi-Party Consulting Agreement before getting 'married' via a signed Collaborative Agreement. This is particularly important given that Collaborative Agreements are innovative new legal instruments, IPD in 3D™ itself is a relatively new business process entailing new obligations, rights and responsibilities, and BIM and Lean Construction and Design methods are, themselves, recent innovations.

The Ultimate and Virtual Marketing Tool:

Clients will find the Multi-Party Consulting Agreement to be an excellent vehicle for marketing their services to one another and to the broader construction industry both in person and virtually. The Owner will enhance its ability to identify and select highly competent Design Professionals and Constructors, while those entities will significantly enhance their ability to get hired on specific projects. Specialty Subcontractors can also join Collaborative Agreements and audition for a role on virtually integrated projects as collaborative team members. The virtual and collaborative processes encouraged by the Multi-Party Consulting Agreement are far superior to any marketing meeting or traditional RFP driven interview. Design Professionals, Constructors and Specialty Subcontractors will welcome the opportunity to participate in a Multi-Party Consulting Agreement as their involvement will allow them demonstrate their competence and professionalism to the Owner and to ultimately win a position on the Collaborative Team dedicated to achieving IPD in 3D™.

Collaborative Construction Resources, LLC and its Founder

James L. Salmon is the Founder and President of Collaborative Construction Resources, LLC. Over the past 15 years, James has been a mediator and construction lawyer. As a trial attorney, James has litigated, settled and mediated hundreds of cases involving a wide range of construction industry issues. James earned his B.A. from Texas Tech University and his J.D. from the University of Cincinnati. After serving as a law clerk to Justice William A. Taylor on the Wyoming Supreme Court in Cheyenne, Wyoming he practiced law for five years with Lonabaugh & Riggs in Sheridan, Wyoming. James and his wife returned to Cincinnati in 2000 to raise their family, and James joined the law firm of Ulmer & Berne, LLP where he maintained a complex construction law practice until April, 2008.

James launched Collaborative Construction in February, 2008 as its President and Founder. Collaborative Construction is a member of the National Building Information Model Standards Project Committee, a member of the buildingSMARTalliance, and a member of the buildingSMARTalliance’s Building Process Integration Task Team, a task team charged with facilitating the integration of BIM into the business models of all entities involved in the facility life cycle. Collaborative Construction’s involvement with these organizations is indicative of Collaborative Construction's leadership on a national scale.

Collaborative Construction is also a member of the Lean Construction Institute, an organization founded by the pioneers of the lean construction movement in the United States, Glenn Ballard and Gregory Howell. James has established and nurtured relationships with leaders in the lean construction movement who provide both consulting services and sophisticated software solutions.

In August, 2008 James formed, and Collaborative Construction began sponsoring, a professional networking group called Collaborative BIM Advocates. The group reaches more than 750 like-minded professionals around the globe and James is constantly working with members of that group to promote improved collaboration on projects all over the world.

Collaborative Construction is also working closely with many members of the ConsensusDOCS coalition, including The Associated General Contractors of America, (AGC) the Construction Users Round Table, (CURT) the Construction Owners Association of America, (COAA) the American Institute of Architects (AIA) and the Lean Construction Institute (LCI) -- as well as leaders at all levels of government -- to ensure that the entire construction industry achieves IPD in 3D™ through the use of Collaborative Agreements, BIM and Lean Construction and Design methods and techniques.

If you and your colleagues are interested in learning more about IPD in 3D™ and how Collaborative Construction can help you and your organization achieve IPD in 3D™ through the intelligent and effective use of Collaborative Agreements, BIM and Lean Construction and Design methods please do not hesitate to call.


Email: James.Salmon@CollaborativeCR.com
Phone: 859-802-1118 (cell) 859-912-7747 (skype)
Skype: JameswithCCR
Web: CollaborativeConstruction.com
Blog: CollaborativeConstruction.BlogSpot.com

Sunday, January 11, 2009

James L. Salmon's Updated CV (January 2009)

James L. Salmon is the President of Collaborative Construction Resources, LLC. Collaborative Construction's innovative IPD in 3D™ program empowers stakeholders in the U.S Construction Industry to utilize collaborative agreements, BIM and lean construction methods to deliver integrated construction services more efficiently and more productively. In addition to his role as President of Collaborative Construction James also maintains the Collaborative Construction Blog and is the founder and manager of the international online networking group Collaborative BIM Advocates. James and Collaborative Construction work closely with innovators from multiple disciplines to advance the building industry’s understanding of the power of integrated project delivery, (IPD) building information modeling, (BIM) lean construction methods and techniques (Lean Construction) and the ne generation of multi-party collaborative agreements (Collaborative Agreements) that enable the use of these powerful collaborative tools in an IPD environment.

James was raised on a ranch and in the oil fields of West Texas. His father was a general contractor and his grandparents owned ranches. He was exposed to all aspects of construction and the oil industry from an early age. As a construction lawyer James spent 15 years defending and pursuing construction claims on behalf of owners, architects, engineers and contractors. James is a member of the Alternative Dispute Resolution (ADR) Section of the American Bar Association and a member of similar sections of the Ohio, Kentucky, and Wyoming state bar associations. Today, he is a leader in the collaborative construction revolution that is sweeping the industry.

Upon founding Collaborative Construction James immediately joined the National Building Information Model Standards (NBIMS) Project Committee. Soon thereafter CCR joined the NBIMS Project Committee's Business Process Integration Task Team, (BPITT) a team now carrying out its mandate through the Build SMART Alliance, a project associated with the National Institute of Building Science (NIBS). CCR, as a BuildSMART Alliance member, also hosts a Collaborative Construction Breakfast meeting on the last Thursday of every month for local industry professionals in Cincinnati interested in learning more about collaborative agreements, BIM and lean construction techniques, including how those tools help stakeholders achieve true Integrated Project Delivery. In an effort to increase networking opportunities for a wide array of industry professionals James also created a Linkedin Group called Collaborative BIM Advocates. Membership in that group grows daily and you can join by following the link! James' documented interest in promoting industry wide virtual education and Collaborative Construction's commitment to collaborative consulting led the Ecobuild AEC-ST conference organizers to invite Collaborative Construction to co-host a meeting of the Collaborative BIM Breakfast group and the Collaborative BIM Advocates group at the Ecobuild / AEC - ST Conferences in Washington D.C. in the Fall and in Denver in the Spring.

At such events James advocates networking among stakeholders interested in using collaborative agreements, BIM and lean construction methods in combination because those powerful tools exponentially increase productivity and efficiency, saving owners money and earning higher profits for others. James is currently serving on an ad hoc committee formed by the BuildSMART Alliance to explore the viability of hosting physical and virtual conferences simultaneously. The combined meetings of the Collaborative BIM Breakfast group and the Collaborative BIM Advocates at the Fall and Spring conferences for Ecobuild / AEC - ST will serve as practical means of testing virtual conferencing tools. The U.S. Construction Industry is desperately seeking a better business model and James is working hard to provide it!

Under James' leadership Collaborative Construction has also hosted a National Teleconference Series exploring how best to put the ConsensusDOCS 300 series to work on major construction projects, made multiple presentations to industry leaders and has been selected, along with Rich Cardwell of Collaborative Construction's affiliate Construction Owner Resources, LLC to provide a national ConsensusDOCS sponsored presentation in September, 2008 to members of all the associations that have endorsed ConsensusDOCS. In addition, Collaborative Constuction is working closely with the Construction Users Round Table, (CURT) to educate stakeholders about the benefits of collaborative agreements, BIM and Lean Construction. To that end, James and Rich made a presentation to the local CURT chapter in Cincinnati, taught a session of a CURT's Executive Vice President Greg Sizemore's Construction Law class at the University of Cincinnati, and authored an article for CURT's industry magazine, The VOICE. James is one of the few individuals nationally who has read and analyzed the 183 page NBIMS Protocol, the voluminous ConsensusDOCS 300, (as well as Sutter Health's IFOA and the California Council's IPDG), the AIA's IPD Docs, and much of the Lean Construction Institute's literature, all with an eye towards bringing all of those powerful tools to bear, in a collaborative environment, on the goal of achieving Integrated Project Delivery that increases efficiency and enhances productivity on major construction projects. James is well prepared to help you and your organization with all phases and aspects of integrated project delivery.

PROFESSIONAL EXPERIENCE

• Collaborative Construction Resources, LLC
o President and Founder, February 2008 to the present

• Ulmer & Berne, LLP, Cincinnati, Ohio
o Senior Associate, January 2000 to April 2008

• Lonabaugh & Riggs, Sheridan, Wyoming
o Associate, September 1996, to January 2000

• Sheridan College, Sheridan, Wyoming
o Adjunct Professor, January 1997, to January 1998

• Laramie County Community College, Cheyenne, Wyoming
o Adjunct Professor, September 1994, to September 1996

• Chief Justice William A. Taylor, Wyoming Supreme Court
o Law Clerk, September 1994, to September 1996


PROFESSIONAL MEMBERSHIPS AND ACTIVITIES


Bar Memberships and Admissions

o Member, Ohio State Bar Association (Construction and Mediation Sections)
o Member, Kentucky State Bar Association (Construction and Mediation Sections)
o Member, American Bar Association (Litigation and ADR Sections)
o Member, Northern Kentucky Bar Association (Tort and Insurance Section)
o Member, Wyoming State Bar Association
o Admitted in the State of Ohio
o Admitted in the Commonwealth of Kentucky
o Admitted in the State of Wyoming
o Admitted in the U.S. District Court, Southern District of Ohio
o Admitted in the U.S. District Court, Eastern District of Kentucky
o Admitted in the U.S. District Court, District of Wyoming

Presentations and publications

Collaborative Construction Resources

"Achieving IPD in 3D™" Collaborative Construction Blog, January 2009

"A Construction Industry Revolution, ConsensusDOCS + BIM + Lean = Amazing Results!" VOICE Magazine, August 2008 (Co-Authors James L. Salmon and Rich Cardwell)

"Is Nanotechnology a Catalyst for Energy Independence?" Collaborative Construction Blog, July 2008

"How to Save Time and Money While Reducing Risks On Major Commercial Energy Projects!" Collaborative Construction Blog, July 2008

"Analysis of ConsenusDOCS 300 and the AIA IPD DOCS" Collaborative Construction Blog, July 2008 (C0-Authors James L. Salmon and Rich Cardwell)

"Innovative New ConsensusDOCS 301 BIM Addendum Released!" Collaborative Construction Blog, July 2008 (Co-Author Rich Cardwell)

"Us Construction Industry Revolution, Second National Teleconference Series!" Two separate national presentations in June and July, 2008

“US Construction Industry Revolution, National Teleconference Series!” Four separate national presentations throughout the month of May, 2008

“Project Implementation of ConsensusDOCS 300 Tri-Party Standard Contract” National web-based presentation to public and members of all organizations sponsoring ConsensusDOCS scheduled for September 2008

“Gain Major Competitive Advantages in Today’s Construction Market and Put ConsensusDOCS 300 Standard Form of Tri-Party Agreement for Collaborative Project Delivery (ConsensusDOCS 300), BIM and Lean Construction to Work on Your Next Project!” Live presentation to Construction Owners Association of the Tri-State, COATS, April, 2008

“Striving for Innovation and Efficiency on Construction Projects” January, 2008

“What is Lean Construction and Why Should Owners Care?” January, 2008

“The Collaborative Revolution!” March, 2008

“What Role Do Specialty Subcontractors Play on a Collaborative Construction Project?” March 2008

James Salmon's Websites and Blogs

Creator and Author of the “Collaborative Construction Blog
Creator and Author of the "Fort Thomas Collaborative Blog"
Founder of Collaborative BIM Advocates

Continuing Education Presentations


“Ohio Bad Faith Law” CLE Presentation
“Bad Faith Claims in Mold Litigation” CLE Presentation
“Contractor Exposure to Mold Litigation” CLE Presentation
“Comparative Verdicts in Mold Cases” CLE Presentation
“Comparative Verdicts in Bad Faith Cases” CLE Presentation
“HMO Litigation, Significant Verdicts” CLE Presentation


Community Involvement

o Member, Fort Thomas Independent School District Fund Raising Task Force
o Creator of and facilitator for the Fort Thomas Collaborative Blog
o Member, Johnson Elementary School Site Based Decision Making Council
o Co-Chair, Marketing for Johnson Elementary School Fund Raiser
o President, Texas Tech University Alumni Chapter, Cincinnati
o Volunteer Mediator, Kentucky and Ohio Courts
o President, Kappa Sigma Fraternity, Texas Tech University

Education

o Texas Tech University (B.A., 1991)
o University of Cincinnati (J.D., 1994)
o Certified Mediator, Administrative Office of the Courts, Kentucky


Email: James.Salmon@CollaborativeCR.com
Phone: 859-802-1118
Skype: JameswithCCR or 859-912-7747
Web: CollaborativeConstruction.com
Blog: CollaborativeConstruction.BlogSpot.com