Today, John Tocci spoke at NAIOP’s Risk Liability of BIM panel. Laura Handler, Director of VDC, summarized the panel discussion on her (bim)x blog:

This morning, I attended NAIOP’s Identifying the Risk and Liabilities of BIM panel discussion – which included Michael Herlihy (Ames & Gough), John Sullivan (SG&A), John Tocci (Tocci), and Bruce Tribush (Goodwin Procter). Interesting discussion, here are a few of the questions and the thoughts from the panel.

Bruce Tribuse: How does BIM change the standard of care?

John Sullivan: The BIM Execution Plan is the contractual way to define roles. If done properly, it doesn’t impact the standard of care.

BT: So is BIM the standard of care?

JS: Yes. For large, complex projects, why wouldn’t you use the best tools and process?

John Tocci: The standard of care has changed. Although there is no known litigation, there are arbitration where the design team has been accused of not using BIM therefore not meeting standard of care. This may not be easy and it may not be cheap, but firms will experience increasing risk if they don’t adopt these tools.

Michael Herlihy: Insurance is typically “review-view mirror” oriented. It appears that BIM reduces risk, but the standard is still the standard.

What is the model’s status as a contract document? What is its priority ascompared to other documents?

JS: We try to look at the model as the final work product. Contractually, it usually has higher priority, but that should evolve.

Who owns the model?

JT: The owner.

What are the issues regarding early subcontractor and contractor services?

MH: For the overall project, it reduces risk to have input from contractors and subcontractors. However, as they are providing advice and model content, they may be doing so without coverage – especially if they don’t have Professional Liability insurance.

How does BIM impact the Spearin doctrine?

BT: The Spearin doctrine comes out of a 1918 US Supreme Court decision; by issuing plans, specifications, and information, the owner implies that the information is free from deficiencies – and that the contractor isn’t liable to the owner for loss or damage resulting from those deficiencies.

JT: RIP Spearin doctrine. However, for contractors to participate in a collaborative BIM process, they need to be educated in architectural history, good design principles, code, requirements, and the design process.

How can owners help with this process?

JT: For one, get informed. Ask questions. Learn about BIM and IPD. But also, learn how to ask for it. You won’t get the value if you merely ask for ’5 lbs of thinly sliced’ BIM.

Boston Globe (02/24/12): Who’s What, Where – Tocci Building Cos.

Boston Business Journal (02/24/12): Human Capital: Julie Brown

Boston Business Journal (02/24/12): Human Capital: Moises Berrun

Boston Business Journal (02/24/12): Human Capital: Jennifer Heikkinen

Boston Business Journal (02/24/12): Human Capital: Bud LaRosa

Boston City Biz List (02/26/12): Tocci Building Adds Four Professionals to Team

Banker & Tradesman (02/27/12): Woburn Construction Services Firm Hires Four

A brief highlight in a recent Metropolis interview with Phil Bernstein.

On teaching new industry practices:

I also teach the Harvard Business School case about the Waltham project so they understand the technical and sociological aspects of BIM and alternative project delivery and see first-hand how things could be radically different. I have to do so, of course, acknowledging my conflict of interest but I can always rely on my students for a healthy dose of skepticism on that front. For several years I was the only source of information about BIM at Yale, but they are hearing and seeing enough of it out in the world that I’m no longer (implicitly) accused of pitching the idea alone.  My second-term seminar (which you have visited in the past) has several visitors like John Tocci, Peter Gluck, Scott Frank and others who bring a BIM perspective that just comes with their work. There is an emerging understanding of BIM in the studio and a decent appreciation of the issue in other classrooms.  And it doesn’t hurt that, in the current market, BIM skills make a recent graduate much more employable!

On architects learning means and methods:

Somewhere in Brazil right now I hope there is a young, brilliant architecture student wondering why office buildings in a modern city collapse, looking at the huge opportunities for construction over the next decade there, and realizing that she could help re-invent the very means of design and construction in a place where innovation is desperately needed to face the challenges of modernization.  (N.B. – one of our recent graduates is working for Tocci now as the “Design/Construction Integrator,” the bridge between the CM and the architects.  He moves fluidly with the designers and often works side by side with them, but carries the torch for the construction managers. Ironically, almost none of this work counts toward his IDP licensure requirements!)

The countdown to atomization continues. Laura Handler, Director of VDC, blogged her thoughts at (bim)x:

As the countdown clock continues [99 days, 2 hours, 12 minutes, 26, 25, 24 sec...], everything I read reminds me of the work that we need to do in preparation for Atomization. One component of Atomization that I haven’t given enough attention to is the start of our R&D department (although to be honest, it will likely continue to be neglected until the clock hits 0 – projects and people come first!). None the less, the pressure is on and my subconscious (and conscious) is feeling it! Here are just a few recent (okay, and less than recent) reads that make me think R&D:

Why Success Always Starts with Failure

These are great principles for an R&D department, but an even better perspective for the rest of company to have about R&D. Among other things, R&D is our ‘safe space to fail’, but we need to continue to incorporate that philosophy into day-to-day operations.

Seimens’ new iPad App

Cool, but these feels like an incremental innovation. I’d like to see more than the relatively static BAS interface. Show us some BIM. None the less, this is a step in the right direction, and I’m excited to take a closer look.

Augmented Reality

I think I saw this on Twitter a few weeks ago, but forgot about it until another Tocci teammate, put the print issue on my desk with a post-it, “I wanted you to see this. So cool.” The technology and potential is very exciting. But what is even more exciting to me is that BNB is doing amazingly innovative things, despite (or maybe because) VDC is already atomized. One of my secret atomization fears is that we won’t be able to sustain the same level of innovation. This made me feel better – thanks Dace!