As reported by Architectural Record, the first lawsuit relating to BIM provides a "cautionary tale" for the use of the new technology.  While information about the case is hard to find, the article gives a few helpful hints. On that project, the design team used BIM to fit the MEP system into the ceiling plenum. Perhaps because they were concerned about controlling "means and methods," the designers did not inform the contractor that the fit depended on a specific installation sequence. Nearly three-fourths of the way into the installation, the contractor ran out of room. The architect, MEP engineer, and the contractor shared in the multi-million-dollar cost to correct the problem. At the outset of the article, the suggestions is that the problem arose from the incorrect use of the new technology.  By the end, though, blame is cast upon a design team that did not communicate what was needed and a contractor that did not intuit the proper sequence in the absence of clear guidance. "A bad workman blames his tools," is the saying that comes to mind.  The BIM technology worked just fine. User error caused the problem.    

Quick.  Take a look at the lighting sytem in your workspace.  How many fixtures are there?  What sort of bulbs do they use? Is your entire office lit the same way?  Is your entire facility lit the same way? PearlWind LLC, which installed the wind turbine at the Pearl Road Auto Parts site, conducts assessments of a site's lighting systems, then designs, installs and maintains high-efficiency systems with quick pay-back periods.  Visit their site for more information.   

The annual Skoda Minotti survey of Northeast Ohio real estate and construction companies reveals that 81% of real estate firms and 38% of construction firms believe they will have more opportunities in the region over the next three years. While the latter figure is nothing to get excited about, it is an improvement over the last two years. And, fewer construction firms are identifying "lack of work" as a key threat. While there is some improvement in figures relating to the ability to obtain credit, a new survey question relating to bonding shows that 40% of respondents think bonding will be harder to obtain. Follow this link to review the story in Builders Exchange.

While the side-bar on the left allows you to check up on news events featuring Frantz Ward, I thought I would use the article space to begin to feature some of my colleagues'  publications and appearances.

Tony Query Farkas recently posted an alert relating to two cases decided by the U.S. Supreme Court that address foreign manufacturers and the stream of commerce theory of personal jurisdiction, which enables plaintiffs to sue those manufacturers in the United States. 

In his Ohio Environmental Law Blog, Joe Koncelik writes about how the debt deal impacts the Environmental Protection Agency.  Though the policy goal is to reduce the regulatory burden, the real impact of proposed cuts will only be to slow the agency.

Rebecca Bennett  writes about social media in the context of labor law in Law & Employment Navigator, a blog she authors with Keith Ashmus. Follow this link to read her story.

Keith Ashmus made the NBC News in a story on August 4, 2011, about the jobs picture in light of the budget battle.  Follow this link for a clip. In 2009, Keith served as Chair of the National Small Business ASsociation. 

In addition to speaking at the following events, my colleagues and I frequently present in-house lectures on a variety of legal topics. If you would like to schedule a seminar at your company, please let me know.

October 5, 2011 CEA Contractor Success Series (TBD)

Andy Natale, chair of our Construction Group, will discuss project risk management and documentation at an event sponsored by the Construction Employers Assocation.  Follow this link for registration information.

October 25, 2011 Workers Compensation Law & Practice Seminar (Cleveland, Ohio)

Ken Kleppel will speak at this annual conference. Seminar information is available here.