Because the industry is addicted to extracting profits from the 40% to 60% waste of time, materials, labor and other resources embedded in the Design-Bid-Build delivery model.
Owners that procure planning, design and construction services under the Design-Bid-Build delivery model mistakenly believe that model saves them money. AEC Firms, Trade Contractors and Material Suppliers know better and have developed business models that EXTRACT profits from that waste stream.
In other words, the entire industry is riding a Backwards Bicycle that is incredibly inefficient but which proves lucrative to those who know how to ride it. BIM & IPD, by contrast, require that the Built Industry learn to ride a Regular Bicycle, which is incredibly efficient but not quiet as lucrative. Riding a Backwards Bicycles is dangerous and the industry crashes it a lot. But again, those who master the Backwards Bicycle reap huge rewards at the expense of those who crash. As we adopt, adapt to and deploy BIM and IPD the Built Industry needs to transition to a Regular Bicycle, even if experienced Backwards Bicycle riders crash their Regular Bicycles from time to time.
To understand the Backwards Bicycle analogy watch the video below.
When one recognizes the Built Industry's preferred delivery model, Design-Bid-Build, is a special Backwards Bicycle that benefits waste based business models it's easy to understand the proliferation of waste based business models in the industry.
Facilities procured under a Design-Bid-Build procurement model enjoy a waste rate of 40% to 60% and that waste rate flows through everything from labor to materials and cash. In an environment where 40% to 60% of a capital budget is waste sharp business owners will find ways to EXTRACT profits from that waste stream. Especially if the competition lacks the skills necessary to ride the Built Industry's special Backwards Bicycle. The Built Industry spent over 150 years perfecting their Backwards Bicycle, but now the internet threatens to undermine that model by enabling the use of Regular Bicycles.
In the information age Design-Build, Public-Private-Partnerships and Integrated Project Delivery (IPD) represent competing delivery models that lend themselves to the use of value add business models. Of those three only IPD fully embraces the spirit inherent in value add business models. In other words, IPD is the only Regular Bicycle in the shop!
The video below is a STARK reminder of what can be accomplished on a Regular Bicycle. Image Danny MacAskill trying to perform on a Backwards Bicycle... that's what we are doing when we force the best and brightest in the Built Industry to work under a Design-Bid-Build delivery model ... we FORCE them to ride a Backwards Bicycle to work every day!
By extension BIM and IPD are only "no brainers" for enterprises that adopt a value add mindset with the intent to EARN profits by adding value. That is, the enterprises intend to ride a Regular Bike every day. By contrast, those that perfected business models designed to EXTRACT profits from waste have ZERO interest in learning to ride a Regular Bike.
Unfortunately, the built industry finds itself straddling a fence, with Design-Bid-Build enabling waste based business models on one side, and demands for BIM and IPD enabling value add business models on the other. To survive most businesses need to keep one foot in the waste based environment - especially while public owners stupidly insist on procuring planning, design and construction services via Design-Bid-Build - while simultaneously preparing to compete for and win work in an IPD environment that rewards value add business models. Accordingly, to successfully transition from the waste based model to the value add model businesses must train people who spent their ENTIRE LIFE riding the Backwards Bike to ride the Regular Bike.
The foregoing explains, in part, the slow uptake of BIM and IPD.
- Provide collaborative consulting services to integrated BIM enabled teams – consisting of owners, designers and constructors – to increase the efficiency with which such teams deliver capital projects
- Teach built industry professionals, students - both graduate and undergraduate - and others about the cultural and legal implications of BIM and IPD
- Develop visionary business processes – including the Smart Built Culture Program – that enable integrated BIM enabled teams to public sector capital projects more efficiently
- Launch IPD Round Table Series, a web-based series of collaborative workshop, to introduce participants to IPD, BIM and Lean processes as tools of efficiency
- Serve as editor of the BUILT – BIM to FM section of the AUGIWorld Magazine and author articles in the series
- Retained as a litigation consultant by law firms, contractors and designers to prepare expert witnesses to testify in complex construction disputes – including several involving public private partnerships worth more than $200 million – throughout the country
- Created web-based presentations detailing the key features of a new generation of legal instruments
- Launched and managed a series of national webinars introducing Collaborative Construction and IPD in 3D™ to owners, designers and constructors involved in planning, designing, constructing and maintaining complex facilities for public and private owners
- Wrote content for dozens of web-based presentations introducing AEC professionals to innovative business processes revolutionizing public and private procurement of integrated services
- Joined the National Building Information Model Standards (NBIMS) Project Committee as a contributing member, analyzed and presented seminars on the resulting NBIMS Protocol
- Selected as a member of the buildingSMARTalliance’s Business Process Integration Task Team charged with integrating BIM into everyday business processes
- Formulated practical business processes for the use of functional digital representations of facilities and infrastructure on public and private construction projects
- Joined the Lean Construction Institute to advocate the use by integrated BIM enabled teams of Lean Construction techniques
- Made a series of national presentations to public owners’ groups regarding implementation of the ConsensusDOCS 300 Series Tri-Party Agreement for Collaborative Project Delivery
- Worked with the Construction Users Round Table (CURT) locally and nationally to publicize Collaborative Agreements, BIM, Lean Construction and Integrated Project Delivery to public and private owners
- Founded and managed the 3,000+ member LinkedIn Group, Collaborative BIM Advocates which provides networking opportunities for like-minded professionals seeking to become members of integrated BIM enabled teams around the globe
- Author, edit, publish and distribute Collaborative Construction Blog and Newsletter to members of the AEC industry, including integrated BIM enabled teams, around the globe
Trial and litigation experience involving construction claims
- $140 million mixed use development in Cincinnati, Ohio. Served as BIM and IPD consultant to counsel representing trade contractors seeking in excess of $10 million in damages. Settled claims on terms favorable to trade contractor clients
- $30 million school construction project. Litigated toxic mold claims related to alleged defects in construction and design in Preble County, Ohio. Won summary judgment on behalf of client-designer in the trial court.
- $10 million school construction project. Litigated collapse of portion of existing school that occurred during excavation for new addition. Settled claims on behalf of client-owner against general contractor on favorable terms.
- $280 million hotel and convention center project. Litigated almost 40 separate lien claims filed against general contractor. Settled dozens of claims for millions of dollars on terms favorable to client-general contractor.
- $25 million hotel project. Litigated toxic mold claims related to defective caulking of the EIFS cladding system on the hotel. Settled claims on terms favorable to owner client.
- $8 million wood chipping plant explosion case. Litigated claims filed by owner against designer of the fire suppression system installed during expansion of the plant. Settled claims on terms favorable to client-fire detection system manufacturer.
- $120 million mixed use project procured under P3. Litigated multiple contentious lien claims worth more than $8.0 million on behalf of subcontractors against bank and general contractor. On going. Subcontractor clients.
- $50 million coal processing plant. Litigated lien claims filed by subcontractors involved in supplying pipe to coal processing plant. Settled claims on terms favorable to subcontractor client.
- Multi-million single family home development. Litigated toxic model claims related to failed brick work. Settled claims on terms favorable to home owner clients.
- $30 million power plant. Litigated dispute arising from alleged design defects in the flue. Settled claims on terms favorable to design client.
- $100 million highway construction project. Litigated multiple wrongful death claims arising out of an explosion that occurred when a DC-9 Cat drug a ripper through a gas pipeline main. Won summary judgment on behalf of general contractor client.
- $75 million highway construction project. Litigated claims arising from alleged design defects. Settled claim on terms favorable to design client.
- Defend, prosecute and mediate breaches of non-compete agreements, wage and hour claims, employment discrimination claims and general commercial disputes
- Pursue and defend claims for injunctive relief on the basis of non-compete agreements on behalf of a pharmaceutical companies, commodities traders and trainers
- Pursue and defend claims under FLSA, ADA, Title VII, § 1983, and other civil rights statutes
- Pursue and defend contract claims and tort claims for corporate and individual clients
- Adjunct professor at Middlesex University in London
- Guest lecturer at the University of Cincinnati College of Applied Sciences
- Experienced writing instructor and seminar presenter
- Taught paralegal course at Sheridan Community College
- Taught paralegal course at Laramie County Community College
- Teach AEC Professionals about IPD, BIM, Lean Construction and Collaborative Agreements
Collaborative Construction Resources, LLC
President, February 2008 to the present
Senior Associate, December 1999 to February 2008
Associate, September 1996, to December 1999
Adjunct Professor, September 1994 to January 1998
Law Clerk, September 1994, to September 1996
- Creator of the Charitable Doll House concept for Allied Construction Industries, Inc.
- Member, Johnson Elementary School Site Based Decision Making Council
- Co-Chair, Marketing for Johnson Elementary School Fund Raiser
- President, Texas Tech University Alumni Chapter, Cincinnati
- Volunteer Mediator, Kentucky and Ohio Courts
- President, Kappa Sigma Fraternity, Texas Tech University
- Texas Tech University (B.A., 1991)
- University of Cincinnati (J.D., 1994)
- Certified Mediator, Administrative Office of the Courts, Kentucky
Available upon request
James L. Salmon, Esq.
300 Pike Street
Cincinnati, Ohio 45202
Summary of Services and James L. Salmon's CV