Press Release
Duane Morris Attorney Forges New Path to Hi-Tech Construction Method Agreement
PHILADELPHIA, July 8, 2008 - Duane Morris partner Richard Lowe has led the national effort to create the first form contract document to specifically address projects using Building Information Modeling (BIM). Lowe, as chair of the Association of General Contractors' (AGC) BIM Forum Legal Subforum and as chair of the ConsensusDOCS BIM Taskforce, has guided dozens of representatives of architects, contractors, owners, sureties, insurers and information technology experts in crafting the ConsensusDOCS Document 301, the BIM Addendum, which will be published as a ConsensusDOCS document at the end of this month.
Lowe, a partner in the Construction Industry Group of the international law firm, brokered resolution among these disparate interests, and in the end, the BIM Addendum was endorsed by 16 trade organizations in the ConsensusDOCS organization.
BIM is a 4-D database (three spatial dimensions plus the timing factor of construction) of information that is generated and maintained throughout the development of a building. BIM demonstrates processes of construction, such as geometry, procurement, geographic information, cost, scheduling and facility operation. A BIM program creates and models representations of the actual parts and elements being used to construct a building, serving to reduce or eliminate the technical conflicts that typically arise in construction.
Prior to BIM software, it was not uncommon for building plans to run afoul when two systems—heating and water, for example—could not be built out simultaneously, because the identical space was needed for both, whether during construction or permanently. These clashes were and are costly and slow down the construction process.
BIM provides a virtual model to which all construction personnel have access, and they can modify it as construction develops. As a result, all parties can be aware of all aspects of the entire building's developments at all times, which greatly decreases the likelihood of errors being made by the construction team. In creating the form contract document, Lowe oversaw the effort to define the scope and terms of liability assigned to each party within a BIM-aided construction project in a fair and balanced way, directly addressing concerns that have stifled the new method's acceptance in the industry. By lessening the risk associated with employing BIM, Lowe hopes for increased use of the technology.
"There were two aspects of this work that made it a once-in-a-lifetime experience. First, being out front on a technology that is truly going to change the way design and construction are performed in this country. And second, it's been an honor and pleasure to help all of the different constituencies arrive at a document that is fair to all," Lowe said. "Our aim was to create a document applying best practices, for the good of the project-and fortunately, we were able to achieve that goal."
Lowe is also the General Building Contractors Association's representative to the AGC's Contract Committee and the Project Delivery Committee. He serves as the vice chair of the AGC's Contract Documents Committee, a leader in the promulgation of the ConsensusDOCS family of documents that now rivals the American Institute of Architects form documents. He is a former co-chair of the American Bar Association's Construction Litigation Committee and is one of a limited number of construction lawyers worldwide listed in The International Who's Who of Business Lawyers.
About Duane Morris
Duane Morris LLP, a full-service law firm of more than 650 attorneys, offers innovative solutions across diverse industries in the United States and internationally to address the legal and business challenges of today's evolving global markets.
