Friday, September 6, 2013

Do We Even Have a Legal Framework that Supports a Smart Built Culture?

Sadly, the answer to the rhetorical question noted in the title of the blog post is "no"  Regardless, there are a number of good collaborative forms of agreement available, though they tend to be project oriented and do not address early phase planning and programming or operations and maintenance in any substantive way. I wanted to revisit those agreements briefly, reminding readers of their existence and importance, but placing them in context as the Smart Built Culture Series gets off the ground.

As Collaborative Construction prepares to deliver its portion of the MSc BIM Management Course for Middlesex University this fall I've begun a comprehensive review of the collaborative and integrated legal agreements available off the shelf in the industry.  While we've come a long way since the early 2000s, when leaders in the built industry began to recognize the value of Building Information Modeling (BIM) and Integrated Project Delivery (IPD) we still have a long long way to go.

Below is a list of construction contracts that claim to be collaborative or integrated.  The quality and usefulness of these legal instruments varies a bit, but all were created by professionals with the best interest of the industry in mind.  While not perfect, these instruments provide a great starting point.  Collaborative Construction has a proprietary set of instruments that adopt many of the best features of the agreements referenced below.

Be Collaborative Contract by Construction Excellence out of the UK

ACA’s Project Partnering Contracts PPC2000, SPC2000 and TPC2005, another UK offering.

The Joint Contracts Tribunal - another UK based entity - offers a collaborative instrument titled the Constructing Excellence Contract

ConsensusDOCS' ConsensusDOC 300 Series of agreements in the US

The AIA, also out of the US, offers what it calls an Integrated Project Delivery (IPD) Family of documents.

Alliance Contracts, which originated in Australia and formed the basis of the first generation of Integrated Forms of Agreement in the US are often used to in Public Private Partnerships.

These collaborative and cooperative construction contracts serve project participants well.  But in order to create a legal framework that supports and enables BIM and IPD in all phases of a facility's life cycle a Smart Built Culture must extend the use of similar instruments up and down stream.  That is back up stream into the planning, programming and design phase and downstream into the supply chain and, ultimately, into operations and maintenance.

The Smart Built Culture Series is designed to prompt the conversations and analysis required to begin that process.  Join us as we launch this exciting new series!

Welcome to the Collaborative Revolution!

James L. Salmon, Esq.
Collaborative Construction
300 Pike Street
Cincinnati, Ohio 45202
Summary of Services and James L. Salmon's CV

Office 513-721-5672
Fax 513-562-4388
Cell 512-630-4446

Collaborative Construction Website
No Silos Website

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