Catagory:Articles and Publications

By Gregory Andre, K&L Gates, Chicago

Innovation in construction delivery methodology is clearly trending toward collaborative, teamwork approaches.  Design-assist is one such approach that requires taking only a small step away from traditional delivery methods and avoids the leap required by integrated project delivery.  Its potential advantages are reduced time and cost for construction, improved constructability and added value.

[A] What Is Design-Assist?

1. Overview.  Design-assist is a project delivery method in which the construction team is engaged by the owner to collaborate with the architect or engineer during the design phase.  It is intended to reduce the cost and time for construction, improve constructability and add value.  Design-assist is part of the recent trend in delivery methods toward teamwork approaches to design and construction.

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Reprinted with Permission. ©2011 CCH Incorporated. All rights reserved.

Josh M. Leavitt, K&L Gates, Chicago

I. Introduction

This is the third installment in a series of articles aimed at bringing some clarity to the disparate approaches to damages practitioners often confront in construction cases.  Some of the most challenging damages questions are presented in termination disputes.  The subject of damages in terminations is simply too complex for one article of this size, and therefore the damages series will address termination damages in three installments.  This installment addresses damages in termination for convenience situations.  Later installments will address damages in termination for default situations and special damages issues when design contracts are terminated.

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Reprinted with permission from the Journal of the American College of Construction Lawyers, Volume 6, Number 2, Summer 2012, © 2012 Thomson Reuters. Further reproduction without permission of the publisher is prohibited. For additional information about this publication, please visit west.thomson.com.

By: Andrew L. Swope & R. Timothy Weston, K&L Gates, Harrisburg

On July 5, 2012, Pennsylvania Governor Tom Corbett approved a key first step toward modernizing the procurement of infrastructure projects in Pennsylvania by signing legislation that expressly authorizes public-private partnerships (P3) for road, transit and other transportation related projects.  The Pennsylvania legislation focuses on transportation projects for both new and existing infrastructure.  The General Assembly viewed the P3 legislation as a means to fund and promote transportation projects to help provide the estimated $3.5 billion per year additional investment needed for transportation infrastructure without relying exclusively on tax revenue to fund those projects.  Whether Pennsylvania’s P3 legislation stimulates new transportation infrastructure projects remains to be seen, but the law provides some interesting new options to private and public parties seeking to develop transportation infrastructure in Pennsylvania.

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By: Frederic J. Giordano, K&L Gates, Newark

Parties who require additional insured coverage from their contractors usually expect the coverage to extend to third-party over claims, particularly with respect to bodily injury claims by employees of contractors.  Those with such contracts covered by New Jersey law, however, may want to take special notice of a recent ruling of the New Jersey Appellate Division, which suggests that their expectations may be frustrated unless they take particular care in reviewing the policies at issue.

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By Gregory R. Andre, K&L Gates, Chicago

“Green Buildings” feature energy efficient and environmentally friendly elements.  Governmental regulation, cost savings and public relations are driving the trend.  While architects, engineers, contractors and facilities managers focus on Green Building design, construction, equipment and operation issues, lawyers may wish to consider Green Building issues in the contracts entered into between the owner and the design and construction professionals.  This article addresses the special contract issues that may arise in connection with the design and construction of Green Buildings.

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Reprinted with Permission. ©2012 CCH Incorporated. All rights reserved.

By Gregory R. Andre, K&L Gates, Chicago

Building Information Modeling (“BIM”) is the use of a digital database to integrate the work of all of the design and construction project team members and generate two-dimensional and three-dimensional models, plans and reports.  Cost and scheduling can be added to create fourth and fifth dimensions. It is a tool that facilitates design collaboration and is intended to avoid conflicts and errors in the plans.  Simply stated, BIM makes design a group effort, and it raises special contract issues as discussed below.  BIM can be used under all of the delivery methods, and is especially encouraged under Integrated Project Delivery (“IPD”).

Instead of each design professional (architect, steel fabricator, HVAC subcontractor, etc.) producing multiple separate and independent plans for one building, BIM allows a team of architects and engineers to all contribute their respective plan and specifications data to one computer model for one building.  BIM provides the technology to not only coordinate various building component designs, but also to understand how design changes will impact the cost and timing of the project.  The design of one building component, say the HVAC ductwork, can be changed, and BIM will automatically change the other building components to accommodate it and present the overall economic effect and schedule impact due to the change.

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Reprinted with Permission. ©2011 CCH Incorporated. All rights reserved.

By Gregory R. Andre, K&L Gates, Chicago

What is Integrated Project Delivery?

Integrated Project Delivery (“IPD”) is an evolving, bold innovation in construction delivery.  It generally contemplates the owner, the architect or engineer and the contractor all entering into one contract and functioning as a cooperative and collaborative team to design and construct the project with shared risks and rewards in the ultimate cost, schedule and quality of the overall project.

In simple terms, IPD is like a joint venture approach to design and construction.  IPD represents a radical departure from traditional delivery methods that isolate responsibilities, liabilities, communication, risks and rewards with contracts that often lack incentives to cooperate and work toward the common goal of a successful project overall for everyone.  Parties to an IPD team have incentives to do what is best for the project, rather than what is best for themselves.  To motivate the design and construction team and get the best performance out of them, IPD generally favors a “carrot” approach; whereas, traditional delivery methods generally use a “stick” approach.

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Reprinted with Permission. ©2011 CCH Incorporated. All rights reserved.