Articles

    BIM and the Built Environment - John H Spain

    John H Spain

    The majority of projects I have worked on over the last few years have been modeled using Autodesk’s Revit.  I thought of them as BIM projects.  Naturally, I found the suggestion to write an article examining whether BIM is helping us design better buildings intriguing.  My own initial, pat, answer was that BIM is essentially another pencil in the box; that architectural and engineering design was an act of the mind – a way of thinking.  BIM, I thought, was a choice among methods to document that process.

    But a conversation with Megan Johnson – Director of BIM at Odell Architects has convinced me that I profoundly misunderstood BIM, and have never really worked on a BIM project.  I need to rephrase the question “is BIM helping us design better” to “is BIM helping improve the built environment and its management.

    I worked with Megan several years ago at Glavé & Holmes Architecture while she was also teaching a course to design students at VCU on Revit modeling.  She then went on to Baskervill where she trained other architects to use Revit.  There she began working with Bruce Brooks – who was doing BIM for healthcare clients.  Since then, she has been working primarily doing BIM – “not doing architecture,” moving on to Odell where she directs a BIM division independent of the design side of the firm.

    Megan agreed that as far as A&E design of buildings went, BIM platforms were largely just another pencil in the box.  Initially, until the tool is mastered, BIM platforms can hinder as much as help the design process.  After she rephrased the question, however, Megan responds with a –qualified- yes, BIM is helping improve the built environment and its management.

    As far as quality of A&E design  - the abilities of the designer will be evident independent of the tools used to document the design (once the tools are mastered.) The strongest benefits of BIM are really in the purview of facility ownership and maintenance.  At its core, a BIM needs to be the graphical backgrounds and the essential data that an owner needs to manage a facility - the backgrounds can be understood as plans, and the essential data can be understood as an Excel spreadsheet.  These should be organized according to a protocol that will be reusable over the lifespan of a facility.  That standard can both inform future projects at the facility, and guide in its maintenance.  She describes BIM not as a tool, but a lifecycle process, one that is most beneficial to facilities which are prone to renovation or have complex maintenance requirements.  This is why healthcare facilities have been early adopters of this process.  Creating such a reusable standard or guide promises greater efficiency and lower costs over the facility’s lifecycle.

    On the AEC, the design and construction side, at least currently, BIM could possibly impose costs which come at the expense of either profitability, schedule or quality.  This is for several reasons.  Firstly, as Megan puts it, the software the AEC community uses comes “half-baked” out of the box.  Secondly, and long term more importantly is a misunderstanding the BIM process and of who should be guiding it (similar to my own misunderstanding that because I was using a BIM platform, I was ‘doing BIM.”)

    First: the half-baked software.  The BIM process is object based, as Megan describes it.  Traditionally, designers work with lines, first on the drafting table, more recently through CAD on the computer screen.  BIM and BIM software essentially does away with the drafting (you can still draw line work, but this is secondary to the process.)  Objects which contain data are placed in relationships in the BIM model, to track their location and the information contained. Also, traditionally, at substantial completion of a project, the contractor would turn over stacks and stacks of manuals – the data for the objects above, and the architect would turn over sets of line drawings indicating the location of the objects – the record drawings.  Storage and use of all this stuff is inherently cumbersome.  In a complex facility (or even a simple one) these manuals or drawings can easily be misplaced.  Frequently a person was hired to log all this stuff in to some useable form for the facility.  BIM replaces all that with a spatial database of all these objects, ideally with the data entered as design decisions are made.  (It may also put the person above out of a job – but maybe there is a more useful point in the process for them.)

    BIM platforms such as Revit come with the ability to create the objects, but the objects it comes with are not likely to be complete, which means they will have to be made.  This costs time and labor.  Typically, the architects & engineers make their own objects to facilitate their own uses (graphic representation, calculations, seductive renderings, etc.)  Then the construction team layers on another set of objects required for fabrication, which is often delegate to the sub-contractors.  The pressure through all of this is to “git er done” – to make the objects what they need to be to get the project out the door, rather than to make the objects what they would need to be further down the line, for another, perhaps undefined purpose.

    Despite all that, as Megan describes it, the industry is on the precipice of realizing the benefits of BIM.  Many savvy firms have been building libraries of re-useable objects (families in Revit-speak,) which will begin to make the process profitable to the AEC side.  Also, facility owners and managers are beginning to understand that they need to be leading the process, to establish the standards and protocols that BIM models will need to meet to be useful over the lifecycle of the building, as well as across larger facilities, such as campuses. This is an up-front cost to the owner, and the owner must have on their team a party who knows how to set up these standards and protocols.

    Megan’s current works is a process she refers to as BIM Commissioning.  As a consultant to the owner, Megan works to set up the facility’s standards.  She works to align these with the nascent, industry-wide standard the Construction-Operations Building Information Exchange, or COBie. An article on the Whole Building Design Guide describes the intent of COBie to be similar to ASCE-2 – a cross platform language that allows communication between platforms, and that works “in the background” – in other words, most users will not need to understand it to have it work for them (Bill East, 2014).  This will allow the information needed for facility operation and maintenance to be compiled during the design and construction processes – as it is generated.  The BIM model will no longer be a hodgepodge of data forced by the particular needs and pressures of design and construction.

    This work is done independently of any particular construction project (although a project may be what prompts the start of the project.) Either in house Odell, when the firm wins a contract for design of a BIM project, or as a consultant to other design or construction firms, or directly for an owner, Megan and her team will work with project teams to ensure that their files (the data-containing objects) meet the BIM standards of the client.  As information is added to the design – through the specification and submittal process, etc. it will be added in a format that keeps it useful going forward – avoiding a truckload of manuals and documents that will all need to be logged in and then stored; or lost.

    So the quality of the BIM process can really be good or bad independently of the quality of the design or construction of a project.  The potential benefits of BIM platforms to designers – 3D visualization, quick presentations generated directly from the same model used to document the design, and the capability to work on-site – and to constructors -3D coordination, scheduling, sequencing and cost-estimating capabilities – are all parallel to the BIM process for facilities.  Small to medium design firms will begin to reap the benefits of BIM more strongly as the libraries of objects are created per facility, as owners begin to control the standards, and as these start to become more "baked in" to the platform.  And, according to Megan, this appears to be starting to happen, allowing owners and managers to operate more efficient, less costly and burdensome facilities – which in turn leads to a more efficient, less costly (in terms of information storage, labor and energy consumed,) built environment.

    References

    Bill East, P. P. (2014, 08 04). Construction-Operations Building Information Exchange (COBie). Retrieved from Whole Building Design Guide: http://www.wbdg.org/resources/cobie.php

    References

    Bill East, P. P. (2014, 08 04). Construction-Operations Building Information Exchange (COBie). Retrieved from Whole Building Design Guide: http://www.wbdg.org/resources/cobie.php

    Project Manager’s As Expert Witness - Part 1

    Norman F. Jacobs, Jr., CSI, CPE, PMI, AACE, IIE, SAR

    Email: JCSCPM@aol.com

    The Construction Project Manager wears many hats  - one may be as an expert witness. Not everyone is suited by temperament, style, or attitude to act as an expert witness. Integrity, experience and hard work are the essence in this endeavor. As a sagacious Project Manager, your undertaking is to determine time and cost – not fault. The opportunity exists for all people working in the Construction Project Management fields to calculate damages claimed in construction litigation, environmental litigation, scheduling, and proving and pricing construction claims. Those who hire experts for the predominate purpose of rending services relying on their special skills, cannot expect infallibility. Reasonable expectations, not perfect results in face of any and all contingencies, will be endured under a traditional standard of conduct. In other words, unless you have bound yourself to a higher standard of performance, reasonable care and competence owed generally by practitioners in the particular profession defines the end product.

    The Use of Construction Project Managers As Expert Witness – An expert is used in construction disputes and claims to define, allocate, and identify those reasonable defects or delays when responsibility may not be readily apparent. The delay may be an enigma where the Construction Project Manager must sort out all of the delay or impact aspects and present them to the Court. There are many people who possess specialized knowledge which may be of value to the Judge and Jury in determining responsibility in a construction dispute. Expert witnesses may come from many different backgrounds. An expert provides the Judge and Jury with technical knowledge and information in the expert’s special field of study and experience. The Judge and Jury use expert testimony to help evaluate, analysis and critique the significance of basic facts. Expert testimony should be allowed if the witness is sufficiently knowledgeable or skilled within the relevant or logical field so as to be able to assist the Judge and Jury in its quest for the truth.

    Hiring The Construction Project Manager As Expert Witness – Hiring an expert who will act as an advocate for a position in a lawsuit and win the case reflects a poor image of the true position of a party. Instead, an expert should be hired to: [1] Tell the story, not to beat to death, but tell the story in a simple, appealing way. The rules of evidence make this easy, even in a  state that requires a hypothetical question, by ending the hypothetical, now Project Manager, of all the facts I gave you, tell us what’s really important. [2] Show the facts to the Judge and Jury. Include the demonstrative evidence in the expert’s testimony. Demonstrative evidence lets the Judge and Jury look at something other than lawyers, the witness, and the Judge or Jury; and helps explain the dispute. [3] Make the Judge and Jury want you to win, Start with the expert’s testimony to explain the wrong that you want the Judge and Jury to set right. [4] Explain – expert testimony is not limited to situations in which the evidence is beyond the understanding of the Judge or Jury. A real expert is a master at explaining circumstantial evidence. How the expert arrived at a conclusion is almost more important than the results. [5] Show how the law makes sense. Expert testimony to explain how a particular rule works or to explain why the law makes sense in a particular situation is easier under certain rules.

    Then to, a good and quality Project Manager expert witness will have several characteristics. The astute expert will be a recognized practitioner in the construction field. The ingenious expert will be able to articulate an opinion clearly and persuasively. The expert will be able to think clearly and correctly under cross-examination. Finally, a good expert witness will have contributed articles to journals and publications in the construction field. Publications should however, be reviewed for possible inconsistencies or contradictions with current opinions developed in the present case. It helps to list seminars that the expert has presented. Also it helps to know that the expert has been an adjutant faculty  in the engineering and technical department of a local university.

    Interviewing The Construction Project Manager Expert Witness – When interviewing a construction expert, any conflicts should be discussed at the initial meeting. In addition, it is important to define the client’s cost budget, including both hourly rates and expenses. Precise channels of responsibility and authority should be identified. Attorneys should keep in mind evidentiary issues that might change depending on the different types of litigation anticipated. The attorney should also consider preliminary retaining the expert, of only to assist in assisting in the discovery plan.

    Other considerations include: [1] establishing a very short time between the initial and next meeting, [2] discussing how best to use the expert’s knowledge, [3] establishing short-term goals, [4] defining specific tasks, [5] scheduling receipt of expert opinions, [6] encouraging frequent communication. When working with the meticulous Project Manager expert, the first thing one needs from a potential expert is a preliminary opinion. Does the expert support a view that conforms to the client’s position? A final opinion will not be available until the expert has studied and examined the documents and other evidence available.

    Discovery and the Project Manager as Expert Witness – using the Project Manager expert in discovery can play an important role in discovery, both in discovery of opponents and responding to opponent’s discovery request. The expert can be extremely useful in the discovery of documents, tangible evidence, and in preparation of interrogatories and deposition questions. The Project Manager expert can draft technical interrogatories and deposition questions and assist client witness in preparing for depositions.

    Preparing the Construction Project Manager Expert Witness – attorneys preparing the Project Manager expert to testify requires a great detail of work. Testifying as an expert in depositions or at a trial is not easy. To look at the correct documents, listen to each word of a question, interpret words and phase literally, phase the response so that the answer is easily understood by the Judge and Jury, sound humble yet sincere [but still act positive and certain]. And expose one’s background, education, experience, friends, and personal choices to scrutiny [if not ridicule] can be very difficult. Attorneys often do not understand how difficult expert testimony is because attorneys do not act as expert witnesses.

    To prepare the perspicacious Project Manager expert to testify, the attorney must first give the expert and opportunity to make and independent review and critique of all the documents and determine causation and responsibility. The testifying expert on one issue needs to have some understanding of the other aspects of the case, if all expert testimony is to fit together.

    In addition to the interaction and direction of the attorney, the expert may have its own required preparation. The clever Project Manager expert witness style in responding to questions during a deposition should be different from the style used at trial. Attorneys should instruct the expert witness on this difference and on how they prefer the expert to answer questions at a deposition and at trial.

    The expert should be warned that one of the purposes of a deposition is to find ways to discredit the expert’s testimony or the testimony of the other witness through the expert. Experts should also understand there is nothing inherently wrong with preparing an expert for testimony in either deposition or trial. Experts should also be confident of their own qualifications. The expert’s responsibility is to render an opinion on a complicated set of technical facts and to instruct the Judge and Jury in areas outside of a lay-persons knowledge and experience.

    Scope of work and the Construction Project Manager as Expert Witness – some of the common mistakes that attorneys make when using experts involve the scope of the experts work. One example is not defining the expert’s work. If the scope of the assignment changes, however, be prepared for fee increases. The attorney should review with the Project Manager expert to use of CPM schedules and forensic schedule analysis to define project delays.

     

    Norman F. Jacobs, Jr., CSI, CPE, PMI, AACE, IIE, SAR

    Email: JCSCPM@aol.com