Tuesday, March 31, 2009

DOD Projects Rolling Out

The DOD is rolling out an aggressive contracting schedule around the country as part of the stimulus package. It appears as if much of the work will be awarded to smaller local firms. Local Collaborative BIM Advocate members who are involved in such work should call Collaborative Construction to schedule a workshop or two to arm your team with collaborative tools that will increase efficiency and productivity on the projects. Below is an excerpt from the ENR article describing the program.

"To address staffing concerns, Hemstreet says NAVFAC is hiring more contracting officers, anticipating they will ease the added workload and ultimately replace a wave of officers who are expected to retire in coming years. In regions with high workloads, such as the mid-Atlantic and Southwest, he expects to bring on program managers for pre-award and post-award contract assistance.

Contractors bidding on projects will face a few new requirements under provisions of the recovery act. Among the core criteria, bidders will be required to show how they can “expedite the work and get the money into the economy as quickly as possible,” says Hemstreet. Prime and first-tier contractors selected for DOD work will need to report how many jobs were created or retained through their projects, a measure that will require more detailed contract administration."

Read the whole thing

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

Tuesday, March 24, 2009

Watchers watching the watchers: Stimulus Cries Out for IPD / BIM and LEan

James McConnell, a Collaborative BIM Advocate Member from Chicago sent the note below via email. The issues raising concern could be addressed through virtual contacts via which we tracked the money and progress through a web-based set of "open books" that the taxpayers could review at will.

Stimulus Spending Strains Energy Department

According to Energy Department Inspector General Gregory Friedman, in a memo sent to Energy Secretary Steven Chu Friday, March 20, 2009, the $165 billion in stimulus cash to be distributed by the Department so dwarfs the annual Department budget of $27 billion that the resources of the agency for getting the money spent while avoiding fraud and abuse will be sorely tested. Friedman wrote that "the infusion of these funds and the corresponding increase in effort required to ensure that they are properly controlled and disbursed in a timely manner will, without doubt, strain existing resources."

In the last four fiscal years the Department of Energy investigations into misspent federal funds have resulted in about 150 criminal convictions, and fines and recoveries of more than $190 million. This represents a little over 17.5% of budget money, and suggests the Energy Department can expect more than $29 billion in waste and fraud just within its slice of the stimulus pie. As Friedman wrote in his memo: "This history suggests that the Department's Recovery Act efforts to establish an effective set of safeguards or internal controls to prevent fraudulent activity should be a priority." You mean it wasn't a priority already?

Friedman's memo acknowledges that low income home weatherization is the program most at risk for fraud, so if you intend to be working on projects of that nature, expect a lot of extra paperwork and figure your bid overhead accordingly.

Meanwhile, Vice President Biden announced the appointment of Edward DeSeve, Bill Clinton's Deputy Director of OMB, as chief adviser to Biden and OMB Director Peter Orszag in the coordination of stimulus package spending across federal departments. According to Biden's announcement, DeSeve's "management efforts inside the Executive Office of the President will complement the oversight work led by the independent Accountability and Transparency Board chaired by Earl Devaney." Watchers watching the watchers!

James G. McConnell
Attorney At Law
32 Birchwood Drive
Palos Park, Illinois 60464
Phone: (708) 923-9934
Fax: (708) 923-9936
Worldwide Mobile: (312) 287-1343
Website: James G. McConnell - Home
E-mail: james.mcconnell@james-g-mcconnell.com
Blog: http://chicagoconstructionlaw.blogspot.com/

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

South Dakota approves use of ConsensusDOCS

South Dakota, one of the few states in the country that closely regulates the language of construction contracts used on state projects, has approved the use of ConsensusDOCS on state government projects in South Dakota.

"Adopting these documents will make it easier, faster and cheaper to turn good project ideas into actual construction successes," said Larry P. Zikmund, president and chief executive officer of the South Dakota Building Chapter of the Associated General Contractors. "South Dakota is showing the nation that there is a better, more efficient way to handle contracts."

Read the whole thing

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

Monday, March 2, 2009

James L. Salmon's CV (April 2009)

Creative Lawyer – Collaborative Consultant – Strategic Change Manager

Charismatic and experienced trial attorney, mediator, collaborator and strategic consultant seeking opportunities with innovative organizations interested in achieving integrated project delivery. Increase the efficiency with which your organization delivers or purchases services related to planning, designing, constructing and maintaining facilities and infrastructure of all kinds. Energy, Healthcare, Higher Education, Government and Transportation sectors are all ripe for use of IPD to deliver complex facilities.

Knowledge & Expertise

Integrated Project Delivery (IPD) ● Building Information Models (BIM) ● Collaborative and Integrated Agreements ● ConsensusDOCS 300 Series ● ConsensusDOCS BIM Addendum ● AIA BIM Exhibit Protocol ● AIA General Conditions for Integrated Project Delivery ● AIA Special Purpose Entity Agreement ● Lean Construction Methods ● Strategic Lean Construction Plans ● Lean Supply Chain Management ● Integrated Agreements ● BIM Addendums ● BIM Execution Plans ● Integrated Project Delivery Guides ● Integrated Project Insurance ● BIM Road Maps ● Net Zero Energy Plans ● IPD in 3D™ ● Construction Litigation ● Insurance Coverage ● Bad Faith Litigation ● Expert Testimony



President of Collaborative Construction Resources, LLC

o Created Collaborative Construction’s signature product - the IPD in 3D™ Program – to help owners, designers and constructors increase efficiency and productivity on construction projects by forming collaborative teams dedicated to achieving integrated project delivery in a collaborative environment

o Read, analyzed and created web-based presentations detailing the key features of the new generation of collaborative agreements and IPD related documents including:

§ ConsensusDOCS 300 Standard Form of Tri-Party Agreement for Integrated Project Delivery

§ ConsensusDOCS 301 Building Information Modeling (BIM) Addendum

§ AIA A295-2008 General Conditions of the Contract for Integrated Project Delivery

§ AIA A195-2008 Standard Form of Agreement Between Owner and Contractor for Integrated Project Delivery

§ AIA B195-2008 Standard Form of Agreement Between Owner and Architect for Integrated Project Delivery

§ AIA C195-2008 Standard Form Single Purpose Entity (SPE) Agreement for Integrated Project Delivery

§ AIA E202-2008 Building Information Modeling Exhibit Protocol

§ National Building Information Modeling Protocol

§ Army Corps of Engineer’s Building Information Modeling Road Map

§ AIA Integrated Project Delivery Guide

§ AGC BIM Forum’s BIM Execution Guide

o Launched a series of national webinars introducing Collaborative Construction and IPD in 3D™ to owners and Architectural, Engineering, and Construction (AEC) professionals involved in planning, designing, constructing and maintaining complex facilities of all kinds

o Wrote content for dozens of web-based presentations introducing AEC professionals and owners to innovative business processes that are revolutionizing the Construction Industry

o Joined the National Building Information Model Standards (NBIMS) Project Committee as a contributing member, analyzed and presented seminars on the resulting NBIMS Protocol

o Selected as a member of the buildingSMART alliance’s Business Process Integration Task Team (BPITT) charged with integrating BIM into everyday business processes

o Formulated practical business processes for the use of BIM on major construction projects, including Collaborative Construction’s innovative IPD in 3D™ Program

o Joined the Lean Construction Institute and actively engaged in advocating the use of Lean Construction techniques nationally

o Made a series of national presentations to the public regarding implementation of the ConsensusDOCS 300 Series Tri-Party Agreement for Collaborative Project Delivery

o Worked with the Construction Users Round Table (CURT) locally and nationally to spread the word about Collaborative Agreements, BIM, Lean Construction and Integrated Project Delivery

o Founded Collaborative BIM Advocates, an online networking group committed to achieving Integrated Project Delivery through the intelligent and effective use of Collaborative Agreements, BIM and Lean Construction methods and techniques.

o Welcomed over 1,000 new members to Collaborative BIM Advocates during first 6 months of its existence

o Created and maintained the Collaborative BIM Advocates website, providing networking opportunities for like-minded professionals from around the globe


Construction Litigation and Mediation

o Defend, prosecute and mediate cases arising from catastrophic building failures, fires, construction defects and other construction failures, including:

§ Toxic mold claims involving allegedly defective construction work

§ Defective design claims involving collapsed and leaking roofs as well as other alleged building envelope failures

§ Wrongful death claims involving fires allegedly dangerous and defective products


Insurance Litigation and Mediation

o Defend, prosecute and mediate catastrophic property damage claims, first-party bad faith claims and subrogation claims, including:

o Obtain sworn statements from policy holders suspected of arson or other forms of sabotage in conjunction with their claims

o Pursue and defend first part bad faith claims against medical and property insurance providers

o Pursue subrogation claims on behalf of property insurance companies


Business Litigation and Mediation

o Defend, prosecute and mediate breaches of non-compete agreements, wage and hour claims, employment discrimination claims and general commercial disputes, including:

o Pursuing and defending claims for injunctive relief on the basis of non-compete agreements on behalf of a pharmaceutical company, a commodities trader and dog trainers in the past year

o Pursue and defend claims under the FLSA, the ADA, Title VII, § 1983, and other federal and state civil rights statutes

o Pursue and defend breach of contract claims and tort claims on behalf of a variety of corporate and individual clients


Teaching Experience

o Experienced writing instructor and seminar presenter

o Taught paralegal course at Sheridan Community College

o Taught paralegal course at Laramie County Community College

o Teach AEC Professionals about BIM, Lean Construction and Collaborative Agreements



Collaborative Construction Resources, LLC

o President and Founder, January 2008 to the present

· Ulmer & Berne, LLP, Cincinnati, Ohio

o Senior Associate, January 2000 to the present

· 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


· 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

· Community Involvement

o Member, Fort Thomas Independent School District Fund Raising Task Force

o Creator of 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

· References

o Available upon request

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