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Analysis of Contractual Obligations for Integrated Project Delivery in Construction

Permanent Link: http://ufdc.ufl.edu/UFE0025047/00001

Material Information

Title: Analysis of Contractual Obligations for Integrated Project Delivery in Construction
Physical Description: 1 online resource (83 p.)
Language: english
Creator: Markham, Elizabeth
Publisher: University of Florida
Place of Publication: Gainesville, Fla.
Publication Date: 2009

Subjects

Subjects / Keywords: building, contract, delivery, information, integrated, modeling, project, responsibility
Building Construction -- Dissertations, Academic -- UF
Genre: Building Construction thesis, M.S.B.C.
bibliography   ( marcgt )
theses   ( marcgt )
government publication (state, provincial, terriorial, dependent)   ( marcgt )
born-digital   ( sobekcm )
Electronic Thesis or Dissertation

Notes

Abstract: Integrated project delivery (IPD) is a growing trend within the construction industry. Similarly, sustainable construction and building information modeling (BIM), both of which involve aspects of IPD, continue to become more mainstream within the industry as well. As a result traditional separation design and construction management is beginning to overlap. Collaboration calls for these discipline lines to be crossed and for all parties to become involved in the design of the building which can lead to more efficient design and construction results. This integrated collaboration requires for an examination of the potential liability spread within the contract language for contract documents available. This study examines current available design and construction documents and provides recommendations for their use in integrated project delivery projects.
General Note: In the series University of Florida Digital Collections.
General Note: Includes vita.
Bibliography: Includes bibliographical references.
Source of Description: Description based on online resource; title from PDF title page.
Source of Description: This bibliographic record is available under the Creative Commons CC0 public domain dedication. The University of Florida Libraries, as creator of this bibliographic record, has waived all rights to it worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.
Statement of Responsibility: by Elizabeth Markham.
Thesis: Thesis (M.S.B.C.)--University of Florida, 2009.
Local: Adviser: Kibert, Charles J.

Record Information

Source Institution: UFRGP
Rights Management: Applicable rights reserved.
Classification: lcc - LD1780 2009
System ID: UFE0025047:00001

Permanent Link: http://ufdc.ufl.edu/UFE0025047/00001

Material Information

Title: Analysis of Contractual Obligations for Integrated Project Delivery in Construction
Physical Description: 1 online resource (83 p.)
Language: english
Creator: Markham, Elizabeth
Publisher: University of Florida
Place of Publication: Gainesville, Fla.
Publication Date: 2009

Subjects

Subjects / Keywords: building, contract, delivery, information, integrated, modeling, project, responsibility
Building Construction -- Dissertations, Academic -- UF
Genre: Building Construction thesis, M.S.B.C.
bibliography   ( marcgt )
theses   ( marcgt )
government publication (state, provincial, terriorial, dependent)   ( marcgt )
born-digital   ( sobekcm )
Electronic Thesis or Dissertation

Notes

Abstract: Integrated project delivery (IPD) is a growing trend within the construction industry. Similarly, sustainable construction and building information modeling (BIM), both of which involve aspects of IPD, continue to become more mainstream within the industry as well. As a result traditional separation design and construction management is beginning to overlap. Collaboration calls for these discipline lines to be crossed and for all parties to become involved in the design of the building which can lead to more efficient design and construction results. This integrated collaboration requires for an examination of the potential liability spread within the contract language for contract documents available. This study examines current available design and construction documents and provides recommendations for their use in integrated project delivery projects.
General Note: In the series University of Florida Digital Collections.
General Note: Includes vita.
Bibliography: Includes bibliographical references.
Source of Description: Description based on online resource; title from PDF title page.
Source of Description: This bibliographic record is available under the Creative Commons CC0 public domain dedication. The University of Florida Libraries, as creator of this bibliographic record, has waived all rights to it worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.
Statement of Responsibility: by Elizabeth Markham.
Thesis: Thesis (M.S.B.C.)--University of Florida, 2009.
Local: Adviser: Kibert, Charles J.

Record Information

Source Institution: UFRGP
Rights Management: Applicable rights reserved.
Classification: lcc - LD1780 2009
System ID: UFE0025047:00001


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1 ANALYSIS OF CONTRACTUAL OBLIGATIONS FOR INTEGRATED PROJECT DELIVERY IN CONSTRUCTION By ELIZABETH A. MARKHAM A THESIS PRESENTED TO THE GRADUATE SCHOOL OF THE UNIVERSITY OF FLORIDA IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR TH E DEGREE OF MASTER OF SCIENCE IN BUILDING CONSTRUCTION UNIVERSITY OF FLORIDA 2009

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2 2009 Elizabeth A. Markham

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3 T o my Parents

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4 ACKNOWLEDGMENTS I thank my mom and dad for being supportive of my educ ation and helping me get to where I am today. The inspiration for this document even came from being brought up around the construction industry and the growing technologies of the business. My dad gave me the idea so I took it and ran with it, t hank you mom for keeping us both sane. my dog, Kylie, for providing me with a great distraction while trying to produce all of this to graduate.

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5 TABLE OF CONTENTS page ACKNOWLEDGMENTS ................................ ................................ ................................ ............... 4 LIST OF TABLES ................................ ................................ ................................ ........................... 7 LIST OF FIGURES ................................ ................................ ................................ ......................... 8 ABSTRACT ................................ ................................ ................................ ................................ ..... 9 CHAP TER 1 INTRODUCTION ................................ ................................ ................................ .................. 10 Introduction ................................ ................................ ................................ ............................. 10 Problem Statement ................................ ................................ ................................ .................. 10 Sustainable Design ................................ ................................ ................................ .......... 11 Building Information Modeling ................................ ................................ ...................... 11 Contracts ................................ ................................ ................................ .......................... 12 2 REVIEW OF LITERATURE ................................ ................................ ................................ 14 Overview ................................ ................................ ................................ ................................ 14 Building Information Modeling ................................ ................................ .............................. 14 Computer Aided Green Design ................................ ................................ .............................. 20 ................................ ....... 22 BIM in the Industry ................................ ................................ ................................ ......... 24 Sustainable Construction ................................ ................................ ................................ ........ 28 Green Projects and BIM Integration ................................ ................................ ....................... 32 Case Law in a New Context ................................ ................................ ................................ ... 33 United States v. Spearin, 248 U.S. 132 (1918) ................................ ................................ 35 l Res. V. Transamerica Premier Ins. Co., 856 P.2d 766, 772 (Alaska 1993) ................................ ................................ ................................ ............... 36 Dist. Ct. App. 1978) ................................ ................................ ................................ ..... 36 Risks of Leadership in Energy and Environmental Design (LEED) Certification ......... 37 3 METHODOLOGY ................................ ................................ ................................ ................. 39 Approach ................................ ................................ ................................ ................................ 39 Contract Analysis ................................ ................................ ................................ .................... 41 American Institute of Architects (AIA) Documents ................................ ............................... 41 Integrated Project Delivery ................................ ................................ .............................. 44 AIA E202 BIM Protocol Exhibit ................................ ................................ ..................... 46 ConsensusDOCS ................................ ................................ ................................ ..................... 47

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6 4 RESULTS ................................ ................................ ................................ ............................... 52 5 CONCLUSION ................................ ................................ ................................ ....................... 56 Sustainable Construction ................................ ................................ ................................ ........ 56 Case Law Application ................................ ................................ ................................ ............. 57 Contract Documents ................................ ................................ ................................ ............... 59 AIA Documents versus Consensu sDOCS ................................ ................................ .............. 59 Building Information Technology ................................ ................................ .......................... 62 Conclusion Statement ................................ ................................ ................................ ............. 63 Future Research ................................ ................................ ................................ ...................... 65 APPENDIX A LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CHECKLIST ANALYSIS ................................ ................................ ................................ ...... 66 BIM Use in LEED Su bmittals ................................ ................................ ................................ 66 LEED Components and BIM Integration ................................ ................................ ............... 66 Sustainable Sites ................................ ................................ ................................ .............. 66 Water Efficiency ................................ ................................ ................................ .............. 70 Energy and Atmosphere ................................ ................................ ................................ .. 71 Materials and Resources ................................ ................................ ................................ .. 73 Indoor Environmental Quality ................................ ................................ ......................... 75 Innovation and Design Process ................................ ................................ ....................... 79 B LEED CHECKLIST NC 2.2 ................................ ................................ ................................ ... 80 LIST OF REFERENCES ................................ ................................ ................................ ............... 81 BIOGRAPHICAL SKETCH ................................ ................................ ................................ ......... 83

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7 LIST OF TABLES Table page 2 1 BIM benefits ................................ ................................ ................................ ...................... 38 3 1 Construction document phasing ................................ ................................ ......................... 51 6 1 AIA vs. Associated General Contractr os (AGC) contract benefits ................................ ... 55 6 2 BIM contract options ................................ ................................ ................................ ......... 55

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8 LIST OF FIGURES Figure page 3 1 AIA integrated project delivery contract document relationships ................................ ..... 49 3 2 AIA single purpose entity contract document relationships ................................ .............. 50 3 3 ConsensusDOCS integrated project delivery series 300 ................................ ................... 50

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9 Abstract of Thesis Presented to the Graduate School of the University of Florida in Partial Fulfillment of the Requirements for the Ma ster of Science in Building Construction ANALYSIS OF CONTRACTUAL OBLIGATIONS FOR INTEGRATED PROJECT DELIVERY IN CONSTRUCTION By Elizabeth A. Markham August 2009 Chair: Charles J. Kibert Major: Building Construction Integrated project d elivery (IPD) is a growing trend within the construction industry. Similarly, sustainable construction and building information modeling (BIM), both of which involve aspects of IPD, continue to become more mainstream within the industry as well. As a result traditional s eparation design and construction management is beginning to overlap. Collaboration calls for these discipline lines to be crossed and for all parties to become involved in the design of the building which can lead to more efficient design and constructio n results. This integrated collaboration requires for an examination of the potential liability spread within the contract language for contract documents available. This study examines current available design and construction documents and provides rec ommendations for their use in integrated project delivery projects.

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10 CHAPTER 1 INTRODUCTION Introduction B uilding design technology is evolving from two dimensional Architect conceived documents to three dimensional integrated building i nformatio n models. Integrated Project Delivery (IPD) has emerged as a much neede d collaboration among contractual parties within a construction project Current technologies such as Building Information Modeling (BIM) now allow for the sharing of information, by allowing access and input from multiple parties involved in a construction project. Likewise sustainable construction tenets call for the input and sharing of information from various participants in the construction process. These participants include owners, t enants, builders, subcontractors, and suppliers. With the industry progressing to more of a collaborative environment with details being provided by more parties than just the architectural and engineering firms, the question with regard to who is liable for the final design needs to be addressed contractually. Problem Statement Construction projects are focusing more and more on the use of integrated design principles (Young 2007) Bui lding Information Modeling and sustainable design are examples of construction processes that are dependent on the collaborative techniques involving multiple parties providing input and having access to the design process As construction moves towards more collaborative methods it is vital to consider the options for contractually delivering the project. There is a need to better understand the responsibilities and liabilities of all parties participating in a collaborative construction delivery project.

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11 Sustainable Design Owners are becoming more aware of the impact s construction have on the local and global environment. They are often drawn to sustainable design due to its focus on the environment, building performance, and healthier indoor conditions Organizations around United States such as the U.S. Green Buil ding Council (USGBC) and Green Initiative Green Globes are advertising the positive effects of green design. Sustainable, or green, buildings are the physical expression of a sustainable built environment. They emphasize reductions in energy use, renewab le energy resources, recycling and reuse of materials, indoor air quality improvements, and environmentally sensitive land use One way to measure the sustainability of a structure is through one of the certification programs developed by o rganizations li ke the USGBC The Leadership in Energy and Environmental Design (LEED) certification process provides a framework to identify and implement green design, construction, operations land use and maintenance solutions. Green construction emphasizes the impo rtance of collaboration of all parties. Design charrettes center on the sharing of ideas from building performance goals to local community connectivity. Information is passed from the charrettes and certification process through to the final design. Bui lding Information Modeling Building Information Modeling is a new technology that combines three dimensional modeling with cost and scheduling dimensions directly attached to the model. Materia ls, costs, labor, and scheduling or sequencing may be directly linked within the virtual software. There are plug ins additional third party software, available for energy modeling, light studio modeling, quantity take offs, and costing data, just to name a few. According to the Smart Market Report released by McGr aw Hill Construction ( Young 2007) nearly half of BIM users in the market today operate over 60% of their projects using BIM. Wide spread organization use is

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12 growing across the industry. P roject modeling allows companies to foresee problems and reduce the number of change orders needed on each project. It allows design professionals to take advantage of many design enhancements which lead to efficiency gains in both design and construction. The model becomes a tool in which information is shared and stored Designers are able to download design components or blocks that contain information such as size, cost, electrical or water usage. For different construction elements t his information is usually supplied by the manufacturer yet purchased and installed by the contractor. The model becomes a way for all parties to see building elements in real time and in a single format. Contracts With this new confluence of data many mistakes can be prevented; however, problems arise when responsibility for the mistak es is questioned. According to th e American Institute of Architects ( AIA ) Documents, the Architect is not responsible for the means and methods of the construction though they are responsible for creating the specifications which establishes the framewor k for the means and methods the contractor employs BIM raises concerns about the level of detail being produced per phase and its use by others. Contractually the design professional does not want to be responsible for any error or omission in detail wh ich causes construction problems leading to additional costs. With IPD the liability with contractual obligations may not always be clear. Agreements used per project need to be specifically s ustainable construction and BIM becoming more mainstream, contract language may be defined to cover performance obligations including model creation and the level of detail per phase for the model as well as sustainable certification specifications for des ired building achievements. Two commonly used construction contract documents are the AIA documents and ConsensusDOCs created by the Assoc iated General Contractors (AGC). These documents are

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13 continuously being revised in response to the market change T he industry shift towards IPD has required new contract documents need to better suit the IPD delivery method O bstacles must be overcome and r esponsibilities assigned as part of conforming to use the new technology Benefits of the technology will fol low utilization BIM and sustainable construction introduces new problems with design and construction risk compared to traditional design New terms need to be defined within the contract documents describing party responsibilities. The industry is cha nging and it is important to acknowledge the shift in collaboration to an integrated project delivery. Companies need to be aware of where the industry is headed and knowledgeable about the changing contractual ag reements and intertwining services. Usi ng BIM and sustainable design as context, this study reviews current contractual options for an integrated design project. American Institute of Architects and Asso ciated General Contractors contract documents are analyzed and suggestions are made with re gard to best case scenarios for each of the contracted parties.

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14 CHAPTER 2 REVIEW OF LITERATURE Overview The industry is shifting towards Integrated Project Delivery (IPD). Change is inherent in the construction process; therefore, contracts (and cons truction documents) are constantly amended as new technolog ies continue to emerge The construction process is not black and white. Traditionally design bid build projects have been constructed and contracted using the available A merican I nstitute of A rc hitects (AIA) documents. Now design build projects are emerging with the growth BIM and s ustainable c onstruction which emphasizes more collaborative building design and construction methods Contract terms need to be modified to accommodate for this coll aboration. Coordination between phases and parties involved is growing. Innovative technology like Building Information Modeling (BIM) is increasing in use. Within BIM multiple parties contribute to the three dimensional model while providing other bene fits like scheduling, estimating, clash detection, and sequencing which also requires an integrated design process. Building Information Modeling Architecture students are often limited to two dimensional elevations, sections, and wire frames. The extent of the students understanding of computer modeling is creating a simple static rendered model BIM expands this static model to another level. It uses software like Revit, VICO, ArchiCAD, and Vectorworks (Gleeson 2005) These are all parametric modelin g to ols that use design objects by modeling each component with component and performance attributes. With experienced BIM user groups the traditional design phases are streamlined and integrated. Depending on the level of detail involved in the model, t he separation between the schematic design, design development, construction documents, and constr uction administration

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15 phases may no longer take place in a linear fashion because the contractor must become involved to formulate the means and methods of co nstruction. To accommodate for this streamlining the AIA has released new documents focused on integrated design. These document s set requirements and authorize uses of BIM content by identify ing five levels of development The AIA documents establish p rotocol s for model ownership, conflict resolution, storage, viewing, and archiving (Zeiger 2008). Unfamiliar d esigners may struggle implementing the BIM software packages such as Revit D epending on the level of detail the modeling process can hinder the design progression by forcing earlier design decisions than compared to traditional linear design When creating a high level detailed model, components must be considered within earlier stages. Not all users have problems with the packages. To create a detailed three dimensional model, pieces cannot be ignored and left to a later date for a decision; otherwise, the model would not be whole. Each component must be created; modification s can take place at a later time. BIM software is capable of linkin g detailed product information to the model, tracking project costs, and providing material take offs. All of this information could be stored in one place in the digital model. There are some concerns with any new technology. Initial expense and traini ng can be costly for design and construction firms (Young 2007) At first new technologies may hinder communications as opposed to enhancing them. N ot all team members will be up to speed and using the same software advancements thus potentially causing problems with communication and exchange of information during construction. The biggest concern is the blurring of boundaries through sharing work on a model. With two dimensional drawings a set of construction documents was created and then any outside information was then added through

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16 shop drawings and as builts. A working three dimensional model would not allow for the separation of changes. The project could be controlled by a third party who is managing the model instead of the Architect as in tra ditional two dimensional drawings. By implementing the integrated project delivery more time to design the project and a collaboration of more skills within the project is necessary The insurance and liability coverage will need to be adjusted to accom modate for these changes. This collaboration across disciplines is especially necessary when green building becomes involved in order to provide the specialized skills to develop the structure. Efficiency and cost saving for sustainable construction come within the collaboration of ideas and modeling. The benefits can out way the concerns. The project workload will be front loaded facilitating continuity and quality control thus leading to a satisfied owner T he overall project schedule may be compress ed a nd the project cost can be streamlined earlier. This is great for owners in that potential conflicts may be resolved virtually as opposed to during the physical construction process Design responsibility in integrated project delivery is moving forw ard. IPD creates a collective final project through the extension of the design process. The design responsibility has grown past the design professional alone. In the past as stated in the Integrated Project Delivery: A Guide it is stated that each par ticipant will handle tasks consistent with registration requirements per their field of specialty. That would greatly limit collaboration to produce the best project. Within the contract the risk allocation for design responsibility needs to be defined. The contract must contain means to clearly define and achieve legitimate and legal commercial expectations of parties relative to risks anticipated at the point of contract formation. There is

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17 increasing potential professional liability risk exposure, bu t the final project design must be a project collaboration and influenced by all parties (Hatem 2008). Traditionally the Spearin Doctrine has been the reigning implied warranty that the owner issues final and detailed (prescriptive) design documents to th e constructor (Mitchell 2008) Based on that concept the owner is in control of the design development process. In typical design bid build the constructor has no influence in the design development process. The contractor must build in strict conforman ce to the furnished project design. However the contractor is often involved in the correction and clarification of design documents when they are inconsistent or not within proper building codes or ordinances. This is typically the only point when the c ontractor has an opportunity to influence design in the traditional model. IPD delivery methods allow for the contractor, and all parties for that matter, to contribute to design as it develops. The IPD documents must include risk allocation provisions f or defective design to alter application of the Spearin Doc trine and its implied warranty. Legal case studies are further discussed in Chapter 4. Model Progression Specification (MPS) : Building Information Modeling and its building element representation has led to a false impression of detail and precision in the design process. Builders may take the model into the field and expect every piece to be detailed within, though that particular level of detail may not have been achieved by designers yet. BIM w ill perform multiple functions: costing, scheduling, performance simulation, code checking, and visualization. All these components lead to further integration of the construction process. Building Integration Modeling has been brought to the forefront o f technology and the future because of its capabilities and the shift towards IPD and the growing sustainable construction sector. Integrated Project Deliver is used often in sustainable design and BIM capabilities make the design process within sustainab le construction easier. In 2004 Model Progression

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18 Specification began to develop the concept and its integration into contract documents. The AIA National Documents Committee then integrated BIM into the new E202 BIM Protocol Exhibit and AGC released the 301 BIM Addendum. With MPS in mind, the collaboration began with IPD and needed to be developed addressing two principles: milestones and deliverables be defined vel of detail at which they should be Integrated Project Delivery: A Guide, http:www.aia.org/ipdg p 23) on a best person basis, even when that differs from traditional role allocations. ( Integrated Project Delivery: A Guide, p 13) Responsibilities would be determined on a case by case basis. The party most qualified in creating that piece of the model would be responsible as designated within the contract. All designations for completion and collaboration would be made early in the design process along with the detail and dimension accuracy. This document is still in its first phase so more development is necessary, but it is a strong place to begin with integrated project design and building information modeling collaboration. At the center of MPS is the Level of Detail (LOD) definitions. These are descriptions through which BIM elements can logically pr ogress from the lowest level of conceptual approximation to the highest level of representational precision. There are five levels to describe the levels of progression. 100. Conceptual 200. Approximate Geometry 300. Precise Geometry 400. Fabrication 500. As built

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19 These five sections are then defined by which type of modeling is being used. Examples would be Design & Coordination, 4D Scheduling, Cost Estimating, Code Compliance, Sustainable Materials, etc. Task Assignments to each part of each model is another area being developed. A number of different parties have input on each component. To address this three dimensional representation of the component, but not for other discipline specific information linked to it. It is likely that handoffs of the MCA will occur throughout the process as the project moves through the various phases, but this concept is still being developed and not clearly defined within the E202. By utilizing the level of detail definitions discrepancies can be avoided during construction and integration across the specialties. The level of detail should be defined within any contrac t that is used in conjunction with the BIM technology to clarify the IPD process. All though any contractual agreement may be used, the AIA documents clearly indicated the LOD in the standardized document available for BIM use. Model Progression Specific ations were created by VICO to be used as a language to define every element and task in the construction process. This would allow for a coordination point and provide a framework for growth. In essence, it creates a checklist from the schematic design to the 3D model to cost and scheduling. BIM should be standardized across the industry, so definitions must be set and detail level used per specification (100 500) by project shall stay consistent. The VICO services team created a process to set these standards. Step 1: Organize current processes and determine typical deliverables and process steps Step 2: Define framework and definitions by the 5D process you plan on implementing Step 3: Collect information from the database and work team experiences Step 4: Build standard 5D content and use it on a project (VICO 2009)

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20 Because there will be multiple contributors, each project need s a Model Component Author to keep track of the collaborative model according to the AIA. This person can change throughou t the construction process on a best person basis. During the integrated project delivery, depending on the discipline control, responsibility may shift. The 301 BIM Addendum takes a similar approach though only one person will be responsible for the colla boration of information and models throughout the construction process. Computer Aided Green Design To produce a sustainable design collaboration is necessary. Parties from multiple disciplines are must work together to achieve energy efficiency, constru ction waste management, green material use, and innovative design. One party will not be knowledgeable in all areas of the project because of the specialization each organization strives for to be successful today. The scope of work is often too large fo r one company to be great in every expertise needed. The One manager must assume responsibility over the collaboration and the owner tends to shy away from th e job. The new contract documents released recently were created to accommodate for all parties to be involved cooperatively. Sustainable design and organizations like the U. S. Green Building Council (USGBC ) and Green Globes provide accreditation programs to measure green construction. W ith Building Information Modeling these certification programs like Leadership in Energy and Environmental Design (LEED) can provide a baseline to measure effects of implementing the new technology with Integrated Project Delivery services BIM can provide feedback on cost and payback period potential for strategies implemented. Drawings can be coordinated, material pricing and budget pricing organized, and a real time visual analy sis of any design change can be kept. G reen buildings represent efficiency through the integration of design and environmental

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21 control systems and possible long term financial payback. BIM integration could change the design pro fession and bring more complete design and coordination to the ind ustry while mainstreaming architectural practices. It is a tool for efficient, expanded, and improved services. The design process starts with initial decisions about standard costs and schedule. Using BIM to streamline the decision making process, sus tainable buildings could be designed within the standard costs and schedule. Plug ins used to create d aylighting studios could be utilized by the architect instead of contracting the lighting design out to a consultant. Readily available computer renderi ngs and documentation could lead to quicker approvals. BIM design allows for multiple concepts to be explored quickly in the model. The final concept is then more effective and the least expensive. The BIM software packages Architectural Desktop, Graphisoft ArchiCAD, Vectorworks ARCHITECT, and Bentley Architecture allow high performance design executed with a coordinated team effort. The team must understand the holistic design process. Revit is just one of the software pac kages that enable this process with LEED and new BIM technology. BIM creates a design platform for sharing information across disciplines. The architect works with the mechanical and electrical engineer on the building envelope and HVAC design to minimiz e the heat load, thereby to reducing the cost to the owner over the life of the building. These design decisions include a look at both initial ideas and operation and maintenance after construction is complete. BIM based design provides many capabilitie s: complete construction documents, material quantification, linking submittal information to master specifications and LEED specifications, linking the model to the energy model, and building assessment of each product and its life cycle information (Glee son 2005). Design professionals no longer design just to create two dimensional drawings. They need to

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22 take advantage of all the enhancements which lead to large efficiency gains in both design and construction. There are multiple options for software use out there, but the detail and accuracy of each is different. RevitMEP is one of the programs that is still being developed for better use with in LEED accreditation and sustainable design. the scenes, y the software (Gleeson 2005). Bentley is another provider of BIM software though it is thought that the majority of tools within it are not as advanced as other software o ptions out there currently. One capability it does have that others do not is the ability to exchange data back and forth with other software tools. You can choose the option to selectively re import modifications to a model. These are just a few exampl es of the development going on today, with advancements taking place quickly to keep up with the industry. Another emerging issue is the ownership of the virtual model once the design and construction is complete. The owner wants to take full ownership for this work while traditionally the architect retains copyright to its own designs. The new contract documents released from both AIA and AGC have addressed this problem and agree that each party will keep rights to its contributions to the virtual mode l though it can be used for operation and maintenance after construction is complete. Building Information Modeling (BIM) Building Information Modeling has been slow to take off in the industry because of the level of collaboration re quired between teams As cited within the Interoperability Smart Market Report released in 2007, Contractors are far behind the curve in adoption. A significant number of Architects and Engineers use the technology, but for interoperability all parties m ust be involved (Young 2007). To address this problem, the AGC released the

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23 BIM which was the first of its kind created before any architecture or engineering guide was created. It was written by multiple contractors to educate th em about BIM tools, benefits and applications. It touches on five main topics: 2D conversion versus 3D design, basic software tools and collaboration, the BIM process, responsibilities within the process, and risk management. From the start, the Guide add It is suggested that the benefits and marketing advantages will offset the cost over time after implementation. The new technology will pay for itself with all of its advantages after the initial learni ng curve is passed. The two construction model can be time consuming but worth the benefits. Though not all architects are implementing BIM use, if contractors have the software the con version can still be made. If three dimensional design is performed by the architect, time and money are saved and the contractor can immediately jump into using that model. This idea contradicts the theory that the construction model is different from t he design model, but the AGC believes that the contractor does not need to start from scratch if the model is provided. Another issue discussed in the Guide is the number of models produced. Multiple models will be made by different disciplines, but is it necessary to create a full blown model for everything to be combined? Partial uses are beneficial for certain aspects of coordination, scheduling, and estimating; and, this approach can be less overwhelming, especially when a company is first implementing BIM. A team set up along with software costs and hardware requirements are just some of the details

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24 discussed. It even includes an Appendi x with BIM tools describing their different uses. Responsibilities and risks management must also be addressed when setting up the team. Core responsibilities generally remain the same even though the design process is a collaboration. Contractors are s till responsible for organizing the onsite construction effort. The Guide does not specifically address all the legal issues presented by BIM integration, though it gives procedural suggestions. Disclaimers of reliance should be created by each party in on the model must be openly discussed and decided upon before implementation. The risk allocation and responsibility remains the same as for two dimensional drawings (Khemlani 2006). The content provid ed in the is relevant not just contractors, but architects, owners, and engineers could benefit as well. There are, however, many barriers keeping BIM from growing more rapidly in the construction industry. There is the fear of risk, change, and the unknowns; the initial investment cost; time needed to learn the new software; and, the lack of support from senior leadership. The list goes on, but BIM will overcome these to be fully utilized in the construction industry and provid e all its benefits. BIM in the Industry An evaluation of Building Information Modeling use across the industry uncovers implementation problems along with perceived and quantified benefits. A statistical survey done by Dr. Carrie Dossick at the University of Washington found that cost growth was reduced by 5%, schedule slips were reduced by 4%, and the total rework was reduced by 65% with BIM implementation. These statistics were taken from 93 projects that all utilized BIM. The reduction in total rework is quite significant, though Architects may feel they are losing control because decisions must be made early on and the design process is compromised. The uses for

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25 BIM as described by the National BIM Standard (NIBS) Committe e are quite extensive (Table 2 1 ). It can quantify components, area & volume of spaces, and material quantities. On the other hand take look at the scenario of a concrete structure. It can calculate the volume of concrete and surface area of formwork but not the tonnage of reinforcing steel. Another example would be for an interior partition wall. It can provide the area of drywall and paint but not the number of studs needed to build the wall. Contractors are still behind th e curve on BIM integration. Only a few early adaptors are leading the way in the industry. For BIM to be successful though, widespread implementation needs to happen. The Contractors feel like they need the desig ners to use the technology, even though c onversions can be made during this transition period. Environmental News Record (ENR) reported in 2007 that only 30% of design firms were using BIM tools on projects. That number will probably have grown significantly in the last two years through with t he expansive talk about its use. organization project modeler. This position will become essential in the efficient use and implementation of the new technology. One of the leading users of BIM is Turner Construction. They cite repeatable successes, significant process improvements, positive subcontractor relationships, accurate and detailed 3D models, and an enabler for additional BIM services like scheduling and eDocs as their des ign validation (Reinhardt 2007). Known successful users of BIM can answer a few questions to help their fellow builders with implementation: What has led to their success? What characteristics do these companies share? How do they analyze a building for B IM use? What are they doing with BIM that others are not?

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26 With the responses to these basic questions, the users all agreed on a few concepts. BIM leads to early assessment of the project during the Request of Proposal Review, MEP coordination utilizes t he technology, and clash detection within the building is one of the primary uses. implementation process. Clash detection was not the only software benefit; other aspects included scheduling, estimating, material tracking, and operations and maintenance model creation. A Survey was completed by the Center for Integrated Facility Engineering (CIFE) back in November of 2007. The goal was to evaluate BIM use through all pha ses of construction by parties including the Owner, Architect, and Contractor/Construction Manager. Responses would provide quantitative and qualitative impacts as well as incentives and hindrances from BIM use. The General Services Administration (GSA) sponsored this survey since all of their current and future projects must be completed using BIM technology. Some of the increased qualitative benefits found were an increase in broad scale use and receiving a competitive edge while the quantitative data was limited. Nearly 80% of responders do not track the quantitative impact. The users are spread out all over the country, with no one region leading the way significantly. Half report that BIM lead to new business and increased their marketing success. From 2006 to 2007 the use during design increased significantly though the pre project planning did not increase between the years. Within that use, over 24% of the respondents worked on over four projects using BIM during the current year. On the othe r hand, over half were not currently using BIM on any projects. The new technology did improve their capabilities significantly in the development of the construction documents. The CIFE also learned that in 2007 more than half of respondents felt that u sing BIM lowered overall risk

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27 distributed with a similar contract structure. Now keep in mind these are users of the new technology. The ones that are not using are more afraid of the risk platform out there, in particular the Architect responsibilities crossing into their idea of means and methods of construction. On the other side of the spectrum, nearly 60% of advanced users are now using BIM to improve the submittal process and fabrication off site and using less contingency on a project. Another wo rry of new users is the implementation time and process. Most respondents noted that employees received minimal training. Any training done was one on one with another employee who already knows the software. Training was also noted as the largest imped iment to the industry integration. project. It was noted that nearly a quarter of organizations that participated noted greater than a 10% improvement, while a large number of organizatio ns still do not track this information. Some interviews were also conducted by the CIFE with respondents who use BIM for visualization. It was found that all interviewees use or will use BIM for clash detection on project coordination. Few of the users attempted estimates or quantity take offs using the software though. Not many users trusted to software. Problems listed with BIM included extremely sensitive software to inconsistency and errors, central control of the model, and the fear of sharing info rmation with other parties involved. Multiple models can lead to contradiction and error and updating for changes is critical however not always completed. Most designers are not BIM savvy either so they do not want to take responsibility for control of the model. One critical factor cited to lead to success using BIM was defining the process, responsibilities and level of detail. Lawyers state the definition should be put in the contract. Clear objectives should be set and used for modeling decision mak ing.

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28 An overview of the survey provided that there was perceived value for all stakeholders. The greater involvement and participation was the greatest value. The benefits can be seen by the Owner, Architect, and the Contractor. Responders also claimed that early completion was of value due to the large amount of information available to the owner, aiding in the decision making process leading to faster decisions. Non users of BIM cited a few reasons for not joining the group: Owners and the designers are not qualified in the technology and the technology is too difficult to use. They are choosing to stay behind the curve because their organization is not prepared for the change. No request by the owner or need by the owner accounts for nearly 50% of respondents reasons for not using BIM. Contractual and regulatory impediments are also on the list of excuses for non use (Kunz & Gilligan 2007). Sustainable Construction Half of all annual greenhouse gas emissions come from buildings. The majority of bu (Middlebrooks 2008). Think about the impact that could be made to reduce the carbon footprint and climate change taking place in our environment. The carbon f ootprint which creates the change in climate is the total amount of greenhouse gas emissions released by a structure and its construction. With the development of Building Information Modeling and model based design many new tools have been developed. BI M based design tools now enable the mechanical engineer to simulate, analyze, and document the design from the start. Greener buildings can be created and lead to healthy, resource efficient construction. Green design is still not a requirement, though t he demand for it is growing from owner demand, environmental stewardship, and government regulations and incentives. For instance, the Energy Policy Act (EPA) in 2005 released financial incentives for sustainable buildings using renewable energy and energ y efficiency varying based

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29 on the location of construction. There are multiple standards and ratings systems out there, but one that has been growing in influence and popularity is the United States Green Building Leadership in Energy and Enviro nmental Design rating system. LEED has 69 points possible to achieve different levels of certification and about 25 of those points can be received just from the building system design. The industry is evolving and changing, taking all parties towards in tegrated project design and BIM which both facilitate sustainable design. Building Information Modeling enabled whole building analysis, faster decision making, and better documentation of the structure. coordin ation of all the plans and quantity take offs needed for estimating and construction. This results in highly coordinated construction documents with minimal errors and omissions. The model allows for construction sequencing, digital fabrication, and faci lities management among other benefits. The greatest benefit of BIM and sustainable design is the building analysis. For successful performance through design analysis and optimization. Designers can analyze performance in early stages of design. This technology leads to evaluating design alternatives quickly and allows for better decisions to be made. The more information known, the best choice that can be a chieved. Among other advancements BIM also facilitates the calculations needed to optimize the building performance. The benefits from BIM integration into sustainable design are endless. It provides a wealth of information along with the ability to cre ate drawings and details directly from a model. Efficiency is improved along with the documentation used for green certification. Material quantities are directly obtainable from the model which can be used to determine percentage of

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30 material reuse, recy cling, salvage, and regional material. Visualization with the three dimensional rendering and lighting can also be done. The design process is greatly influenced by the new technology. The mechanical engineer uses the architectural model to check design and for model coordination. There is less redundancy between specialties, more efficiency with the architectural geometry already created. The mechanical engineer can then define the heating and cooling spaces and zones and add any other pertinent infor mation such as heating loads in specific rooms. This new information is then exported and used as an accurate representation of the thermal model for the project. This file can then be imported to an analysis package and calculate the energy usage and he ating and cooling loads. No manually entered data will be needed like in current models and processes. These results are then viewable as a report and attached to the model for future use like sizing of the equipment. There are still some problems with the analysis packages with linking to a neutral file format but tighter integration is on the horizon. The design process can now be a collaboration on one single BIM platform between the mechanical/electrical/plumbing engineer, structural engineer, and a rchitect. Because BIM modeling allows for accurate heating and cooling loads early on in the design indoor air quality, thermal comfort, and overall energy usage can all be improved (Middlebrooks 2008). In a perfect world one adjustment in the design wou energy performance and lead to optimization. Daylight use, energy performance, material procurement and use, and building cost would all be considered without the individual analysis needed. BIM is making this conce pt become closer to a reality. There are a few setbacks included though. The initial cost to integrate BIM is high but the benefits that could be produced may compensate for the cost. It would reduce errors, streamline costs, and improve

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31 performance. V irtual elements would have individual information attached to each and real time cost estimating could be done. Multiple databases have the capability to be attached either RSMeans or a cost database created for your own company from historical costs could be used. This process could also optimize construction sequencing and procurement. Prior to the introduction of three dimensional modeling and design setting up an energy model was time consuming and costly. Now the model can be provided by the archite ct and the conditions must just be applied. Building performance modeling opens up the entire building construction industry. The problem with green design is a nearly complete model is needed to make decisions, so in the standard design process after th e model is done the design has usually already been developed and only small changes can be made because it would be too time consuming and costly to make larger ones through the set of construction documents. BIM makes the late change possible. You do n ot have to coordinate across all the plans and the early stage simulations also provide potential. Time and effort required is reduced to set up the energy models. Material tracking is yet another advancement in modeling. Each surface and volume can be quantified without long calculations. The model has the capabilities of storing libraries with information and details about each material like recycled content and environmental impact scores from life cycle assessment. This information could even one d ay be provided as a standard from the building product manufacturer already formatted to be attached, though it is not a standard today. Inventory management is also another possibility. Items could be labeled with a barcode and scanned as they come on s ite so all materials are tracked. LEED documentation for certification can also be streamlined. Currently documentation requirements are in PDF format for portability and security. Sharing BIM information could be

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32 used to satisfy those requirements. Th e ability to link individual elements in a 3D Acrobat file is being pressed for development currently to incorporate the model use. The future of LEED may not even require a PDF file. When originally setup LEED submissions used XML technology to package submittals and allow for downloading straight to a database. Paper submissions were never a standard use practice within the system. As BIM evolves a more direct data flow capability will be explored between the two systems. The theory is that informati on needed for documentation could come straight from the BIM software. This possibility is quite likely too with the partnering of the USGBC and Autodesk back in November of 2006 (Malin 2007). Both green design and BIM are on growth curves, why not bond them between each other and become mutually supportive. Project integration allows designers to consider building in greater detail earlier in design which enables for a more thorough design process and new level of coordination and collaboration. Sustai nable design is a major trend emerging within construction and requires change in the industry. It requires more information early on in the design. Building information modeling facilitates the integrated project delivery linking the design and analysis necessary. Green Projects and BIM Integration The new integrated project delivery method aims to solve problems causing waste and inefficiency, leading to sustainable construction. The current structure of legal documents is just now beginning to adequa tely address integrated project delivery and the relationships between all parties involved. The relationships are being restructured among professionals to reformulate the processes of designing and building. In reformulating the relationships between p arties, the eco logical design process will benefit and expand The IPD d ocuments available today enable Green Building and Building Information Modeling to grow. With both technologies expanding rapidly, the contract evolution must

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33 include both concepts and manifest the ability to support each one. The contract has accomodated for the integrated design process, now Green Building must utilize all technologies available like BIM. The LEED credits and submittals are a strong baseline to identify where BIM could be put to good use within the process. The USGBC provides a LEED Project Checklist identifying each credit compiling the accreditation possibilities in one glance (See Appendix B) Case Law in a New Context With the new emergence of Building Inform ation Modeling new legal and contractual considerations need to be made. Design and the means and methods of construction can cross lines into responsibilities of other parties when the legal responsibility may still fall elsewhere. The use of BIM causes fear that assumptions will be made about the responsibility for design under the contractors and visa versa with the means and methods under designers. The traditional roles of the architect, contractor, and subcontractor are being mixed. The applicati on of past cases will still hold in these new cases. In 1918 the Supreme Court decided on one of the most important documents to date: United States versus Spearin. This case set the bar for allocation of responsibility caused from defective design and co nstruction. Under the Spearin Doctrine it states an implied warranty is created that the owner will provide adequate information in plans and specifications to ensure proper construction so responsibility will not fall on the contractor for defect if the plans are followed. Also to follow that litigation, the As decided in Alaska contracto r to incur extra costs in performing the contract, then the contractor may recover those

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34 The Spearin Doctrine now must cover Building Information Modeling. The courts claim with respect to the S hn Mgmt. Co. To further support this idea courts supports in the Aleutian Constructors versus United States case when it stated that (Aleutian Constuctors v. United States, 24 Cl. Ct. 372, 378 (1991)). To contradict the above dicta, the Flor ida Court of Appeals ruled in favor of the contractor not fall within their responsibility though the wall system constructed failed. The court decisions disc ussed lead the industry to think that in court design liability will fall on multiple factors: roles and responsibilities of parties must be agreed upon along with the content necessary and the various levels of development. And last the rights of relianc e on the model set must be determined. The introduction of this new technology is not a legal problem. Building Information Modeling just calls for the application of long standing principles to new content. The possibilities BIM brings for the future o ut ways the harm that it will cause within the legal system. Responsibilities per profession must be practiced with a standard of care. Each party is elson v. Virginia, 368 S.E.2d 239, 243 (Va. 1988)). This concept will apply to all parts of the project including project administration, construction management, and BIM.

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35 United States v. Spearin, 248 U.S. 132 (1918) To summarize the Spearin case the co ntractor agreed to build a dry dock in a Navy ship yard. The contract documents required movement of a sewer on site which later broke due to unknown conditions on the site. The area flooded causing damage to the current work and delay. The contractor re fused to continue work until the government would take responsibility for the current and future damages and costs associated with this problem. The government revised the plans to fix the problem and proceeded to get another builder to complete the work. The contractor brought a suit to recover costs spent on the project and damages for termination of the contract. The court awarded both to the contractor. The government breached the implied warranty held within the plans provided and annulled the cont justification. An implied warranty existed for safe working conditions on site provided by the plans for construction. The plans provided should have been adequate to relocate the sewer per specifications. This warranty still h olds even with general clauses for the contractor to check the site and plans for errors and assume responsibility for their work. The parole evidence rule also relies upon the implied warranty for reliance implied by law. The party cannot contradict the written terms of the contract by admitting outside evidence, in this case the conditions of the site. A breach of contract occurred upon the annulment. The government had no justification for the annulment. They also took no responsibility for the work ing conditions on the jobsite and to ensure safety in the future as construction continued which is a fair justification for the contractor to stop work. Damages for the breach of contract were sought for compensation for all losses due to breach. This c ompensation included expenditures on work and any projected profit.

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36 The court affirmed the award by the court of claims in favor of the contractor. The government breach of implied warranty exists due to inadequacy of the sewer in the construction docume nts provided by the government. Damages would be awarded properly to compensate the contractor for the annulled contract. 1993) To summarize the Transamerica case a p roblem developed in the project due to plan defects leading to extra costs. A tort claim was brought against the designers for economic loss. and the ins urer also filed against the state. As a result it was found there was no breach of covenant of good faith and fair dealing of the contract which led the insurer to seek administrative remedies. The personal damages claim by the insurer was dismissed and the remand of consequential damages claim for the insurer was affirmed. The claim was the nature of duty owed to the insured was broken. The duty of care needed to be taken to prevent negligent performance. If this is not done, then it allows to sue in tort. The duty of professional care is not a contract. The tort claim was made for bad faith breach of the contract. This case found the remedy would be in contract, not tort, if the facts were there. The claim for personal damages was dismissed due to the two year statute of limitations. The contractor was determined as not legally responsible for the defects from inadequate furnished plans. App. 1978) To summa rize the Jacksonville Bank case, the contractor agreed to build a lodging facility. The suit alleged the walls constructed did not meet the standard building code. The claim was made that the contractor was in breach of contract for not meeting building code. The court

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37 decided the architect was at fault, not the contractor. The architect is responsible for code compliance even if they delegate the inspection and compliance to another party. The claim made was a breach of contract for nonperformance by the contractor. The architect was found responsible for plans and specifications to meet the building codes. The third parties contract delegation of performance was also contested. The architectural duty cannot be avoided by passing responsibility of i nsurance elsewhere. The inspection responsibility delegation does not enable the architect to not comply with the building code. Risks of L eadership in E nergy and E nvironmental D esign (LEED) Certification Green building practices involve trial and error (Connors 2008). By practicing sustainable construction, one must face liability with the contractual obligations. Performance to achieve a particular level of certification may be set upon signing of the contract between the owner and contractor. Contr act documents should set out clear goals and responsibility often the quality of plans and specifications is in question. Contracts are signed before drawings and specifications are one hundred percent complete. Lawsuits focus on errors and omissions, d iffering site conditions, and lack of constructability. Applying performance to meet certification specified legal principles concerning design and performance specifications must be analyzed (Connor 2008). Some relevant cases not previously mentioned in clude: Gogo vs. Los Angeles County Flood Control District, 45 Cal. App. 2d 334 (1941); Souza & McCue Construction Company vs. Superior Court of San Benito County, 57 Cal. 2d 508 (1962); and Neal & Company, Inc. vs. United States, 19 Cl. Ct. 463 (1990). Al l mentioned cases deal with damage awards due to defective specifications, performance or breach in contract. New green building liability clauses are likely to be developed soon.

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38 Table 2 1 BIM b enefits Agent/Owner Architect/Engineer Contractor Laws & Regulations CAD Software Specifications Building Regulations Drawings, Calculations Specification Sheets Building Specifications Architecture, Engineering Classification Standards Estimating, Accounting Knowledge Database BIM Best P ractice Knowledge Visualization Procurement Own Practice 3D Models Product Databases Price Databases Table 2 1. Continued. Agent/Owner Architect/Engineer Contractor Briefing Simulations Functional Requirement Comfort Construction Man agement Estimators Ventilation, Heating Scheduling Conditions LCC Logistics, 4D Requirements Insulation Fire Usage Demolition/Refurbishment Environment Rebuild Life Time Predictions Demolition Restoration F acility Management Leasing, Sale, Operation Maintenance Guarantees

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39 CHAPTER 3 METHODOLOGY Approach As Integrated Project Delivery (IPD) revolutionize s the construction industry the effects of collaboration across specialties must b e examined through contract document relationships. This report will examine relationships between: 1) Owner/Contractor, 2) Owner/Architect, 3) Architect/Consultants, 4) Architect/Contractor, and 5) Contractor/Subcontractors. Contract documents examined for relationship between parties is limited to the prime contract between Owner and Architect, prime contract between Owner and Contractor, contract between Architect and Consultants, and contract between Contractor and Subcontractors. Contracts between s econd and third tier contractors are not part of this review, and neither are Purchase Orders or Purchase Agreements between Contractor and material suppliers or fabricators. E ffects of collaboration across specialties through contract documents relationsh ips and integrated project delivery will be examined First, t horough research into the contract documents that have been developed to date and their usage with each party in the construction process will be explained. This initial task is to identify do cuments with language that address mainstreaming industry strategies building information modeling (BIM) and sustainable design and determine if the contract is a primary or secondary contract. Secondly, t he effects of IPD within the contract documents and responsibilities within party collaborations will be explicitly discussed as they are presented in the industry today. the creation and management of any level of detail, three dimensional model, i.e. is the Arch itect responsible for building the model in its entirety, or do contributors to the BIM model like consultants and contractors need to maintain their own model and updates Post construction rights to access the model need to be determined. Design copyri ght among parties involved in

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40 creating the model must be distinguished. Thirdly, the benefits of Building Information Modeling within IPD will be examined using the Leadership in Energy and Environmental Design (LEED) certification template as a baseline in sustainable construction BIM integration into a sustainable construction project and the documentation process will be defined to detail the advantages and disadvantages of implementing this new technology. The responsibility of each piece of the vir tual model and copyright for design will be designated from a logical construction process perspective. The goal is to preemptively clarify potential ambiguities, and prevent mistakes, thereby avoiding judicial resolution on questions of risk and liabilit y. Contract document language related to reliance and responsibility will be examined within the American Institute of Architects ( AIA ) documents and Associated General Contractors ( AGC ) documents available to date. Recommendations will be given on BIM i ntegration and use according to the results of the data an alysis and literature review of s ustainable c onstruction within an Integrated Project Delivery process utilizing Building Information Modeling. Evaluation of BIM use in the industry currently will distinguish the pros and cons in the technology, as well as implementation problems and perceived and quantified benefits. Specifically the uses by the Architect and Contractor along with the benefits each use brings will be discussed. A su mmary of the r ecommendations for the future implementation of Inte grated Project Delivery within sustainable c onstruction and the perceived benefits of using building information t echnology software to efficiently design and construct the buildings of future generations will be included. Contract documents available will be considered and their past use examined and compared. Party involvement for collaboration and coordination to be successful within the integrated process will be researched and discussed.

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41 Contract A nalysis Construction documents have evolved over the years. The Americ an Institute of Architects has been creating and updating documents for over 120 years to back when the first document was released in 1888, the Uniform Contract, to be used between the Contractor and Owner. The first general conditions for construction was published in 1911, with the latest revision the 16 th edition of the general conditions being released in 2007 (AIA 2007). A separate set of documents recently released for similar p urposes is the ConsensusDOCS created by the Associated General Contractors This document was also released in September 2007. Both documents serve to provide a solid basis of contract provisions enforceable by law. A merican I nstitute of A rchitects (AIA ) Documents The AIA Documents are changing. Since the earliest drafts were completed in 1911 and Construction, the A201. in administration of the construction contract. The A201 establishes the legal relationships between parties to the agreement and is modified by the supplementary conditions found in the specification book. In conjunction with the A201, the B141 Standar d Form of Agreement Between Owner and interaction and communication between the Owner and Architect, showing the first signs of support for integrated project delivery. Revisions released in 1997 for the A201 General Conditions will mostly address the most common grey area: dispute. Three major changes are being made: Mediation is now required prior to arbitration, in order to defuse disputes before they escalate. Th e arbitration and mediation provisions are separate so that either can be deleted without affecting the other.

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42 A mutual waiver of consequential damages keeps a lid on the amount involved in any dispute by excluding indirect or incidental damages. Both own contractor. encies, and permit the owner to withdraw from a contractual relationship that proves workable. One of the biggest issues between architects and contractors is the allocation of responsibility for incidental design. Incidental design is an error or omissi on within the construction contract documents that result usually result in added construction costs. This particular area is where Building Information Modeling and Integrated Project Delivery enters and can cause even more discrepancies, and thus questi ons arise. In the 1997 set of documents integrated building modeling was not specifically addressed. It was still a new idea when the ten year revision cycle for this set of revisions to the AIA documents was being passed. There is a new provision in th e A201 that spells out procedures and gives a detailed allocation of responsibility. The B141 document was also revolutionized with the new revisions from 1997. These changes were brought on by the Practice and Prosperity Initiative which by AIA definiti on they are based on long term relationships, and that they place architects in facilitator/integrator Eleven conceptual principles were addressed in the modification: Allow the architect to provide an expanded range of services over the life of the project Enhance the link between fee negotiation and the services to be provided by making clear to the owner the value of serv ices being negotiated and how those services can be compensated Offer clear descriptions of services

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43 Evidence a tone and character that are positive, comprehensive, inclusive, proactive, and educational Demonstrate the value services Provide for conflict avoidance and resolution Permit flexible selection of compensation and project delivery methods Describe known project assumptions in detail, including scope, budget site, and schedule Provide a means of managing costs through the life of the project Provide some familiarity to users of AIA documents and preserve links to related documents such as the A201 The goal of the new revisions was to document the new respons ibilities that the architect would be taking on within integrated design. This new revision varied from the old in three major ways: It is in the form of a three standing document. It requires an active dial ogue between the architect and client that will establish a better understanding up front of what the architect is responsible for. It enables the architect to offer the client an expandable range of services. The new B141 brings back the construction adm involved. The architects were in a sense disconnected from the construction site (Ellickson & McCallum 1997). The new three part format allows for more tail oring to specifics of each project: An Agreement Form with general information including terms and conditions. A Scope of Services provided by the Architect. And a Supplemental Attachments A Form for modifying or adding to the Scope of Services. The Agr eement Form is instrumental in stimulating communication between all parties involved so that any and all assumptions and expectations are laid out on the table. The first

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44 article contains Preliminary Project Information. Multiple fill in blanks require specific information about the project including size, location, proposed use, budget, and parties involved. The Scope of Services will be similar to the 1987 version but new project specific versions will be released. The AIA has developed scopes for in teriors work, design services without construction administration services, and contract administration services without design services. The new Scope of Services will contain a detailed description of the services to be provided by the architect. With this responsibility clearly spelled out, it removes some of the disagreement about services provided. The Supplemental Attachments A Form is provided to allow more customization to the document already developed. The intention is to provide enough flexib ility within the standard document to accommodate most users. Integrated Project Delivery While relying on familial agreements, I ntegrated Project Delivery joins all parties involved in the process together to share goals, liabilities, and rewards. The I PD may include the owner, architect, constructor, and major consultants. The new documents create possibilities for collaborative green design to emerge. Using the integrated design process accreditation through national organizations like the U.S. Green Building Council ( USGBC ) can be achieved. Two types of integrated project delivery agreements have been released by the AIA within the 2008 revisions to ease integration of design and construction. The first agreement is reportedly a transitional agreem ent, created within the use of older documents including: B195 an owner architect agreement, A195 an owner contractor agreement with a guaranteed maximum price, and A295 Unlike the traditional AIA agreements, B195 and A195 do not include a Scope of Services; instead, this is spelled out

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45 in the A295 General Conditions which establish the collaboration process between the owner architect constructor team (Fig. 3 1). rocess for early involvement on the part of the contractor, working with the architect through design The A295 establishes a collaboration process for the owner, architect, and contractor. Early involvement by the contractor is necessary so they can work with the architect through the design development. The contractor can also provide constructability reviews throughout the process. Then after all this detail h as been completed the guaranteed maximum price (GMP) can be established. The more revolutionary approach is the Standard Form Single Purpose Entity (SPE) Agreement for Integrated Project Delivery C195. By using this agreement all parties waive claims ag ainst each other, except for willful misconduct. A limited liability corporation is formed between the designer and builder for the project. The owner establishes common goals for the project. The AIA documents change the phasing of the process: concept ualization phase, criteria design phase, detailed design, and implementation documents phase (Table 3 1). The conceptualization phase includes key consultants and subcontractors being brought in, the architect scheduling design services, and the contracto r preparing the overall project schedule. The criteria design phase includes the architect performing a code review and presenting design alternatives as well as taking in environmental considerations, the digital model is started, the contractor work with subcontractor and suppliers begins, and the owner approval of the design documents and cost estimate is passed. The detailed design phase includes selection of major components and systems, construction coordination is initiated, and the contractor can n ow propose the GMP with thorough documentation to the owner. Lastly, the implementation

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46 documents phase includes production of construction documents including shop drawings and subcontractor submittals and all design information which should be in the di gital model by now and will be used by the owner later for operation (Novitski 2008). Because this document is new territory though, liability is a big concern among insurance providers and clients. The industry is watching to see how they react. This s et of revisions released by the AIA included the C196 Owner & the SPE and the C197 Non owner & the SPE (Fig. 3 2). These contracts state that the owner is a full partner with all parties in managing the design and construction process. There will be collaborative and unanimous decision making between all parties and all parties are motivated to achieve goals mutually agreed upon. Disputes will be settled through provisions set in the contract, not in court. These new documents will provide contractu al structure to secure funding along with design and construct the project. It pays attention to detail including insurance application liability limitations and payment to each party, profit options through incentive compensation, and what happens at the end of the project (AIA 2009). AIA E202 BIM Protocol Exhibit The AIA released the new E202 BIM Protocol Exhibit just recently in 2008. This document is a hands on working tool for all project participants. It defines the responsibilities of model eleme nts, which is authorized to modify and use the model, who will manage it, and ownership. There are many benefits that come with the implementation of this new technology. At each project phase all elements will be defined and responsibilities allocated. Management will be assigned per project phase of the model. Ownership and right of use will be clarified. From project to project this process will be easy to modify and all common terms can be defined to prevent any confusion or misinterpretation (AIA 2009).

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47 ConsensusDOCS AGC has developed over 70 new documents to be used for construction called the ConsensusDOCS that offer better protection for subcontractors compared to other contracts. They assign rights, responsibilities, and risks based on industr y best practices. The new documents were named to represent the collaboration across the fields Designers, Owners, Contractors, Sureties, and other stake holders. Of the new documents thirteen of them are related to subcontractor relationships and the agreement of equitable terms about risk exposure, timely payments, and retainage reduction. The risk is spread more equally. The ConsensusDOCS were developed because agreements currently used are often full of amendments and modifications designed to of fload risk and protect one more powerful interest. Now parties are freed up to focus on positive project outcomes and less on watching their backs. All of the new documents were released on September 28, 2007, though their use is voluntary. The current shift in the construction industry is forcing a need for more collaboration in the contract. These new contracts are the groundwork for greater protection of all interests and The new Consensus Standard Con tracts tend to expand power of or protect interests of a They represent a consensus on best practices to achieve project results, reflect changes in technology such as Building Information Modeling and provide more choices in dispute resolution. To create these documents, a three year exercise was done with all parties invited to be involved. Interestingly enough the AIA declined to participate with multiple thoughts: 1) No new program needs to be created; 2) The people should have a choice; And 3) It is hard to see the value in only one set of contract documents creating a monopoly. The AGC produced the ConsensusDOCS with an emphasis on communication and collaboration between parties. It takes a balanced approach to r isk allocation and provides an

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48 opportunity to reduce transactional costs, time of negotiation, and the number of pote ntial disputes (Vermilyeu 2007). A specific document was created for IPD: ConsensusDOCS 300 Tri Party Collaborative Agreement. It creates a core team between the owner, designer, and constructor to make project decisions (Fig. 3 3) This agreement enhances collaboration while keeping the design phasing traditional (Table 3 1) ConsensusDOCS 301 BIM Addendum : The 301 BIM Addendum was rele ased shortly after the original ConsensusDOCS were published for use. This addendum is a result of the new growing technology in the industry. It clearly defines roles and risks of BIM contracts, while allowing attachment to any governing contract to aid structure for BIM collaboration. The purpose of the 301 BIM Addendum is to gather and record an agreement on the assignment of responsibility and rights with respect to a range of legal issues that may arise during BIM based projects. It iclarifies resp onsibilities. In order to setup this document an execution conference with all parties must take place within thirty days of contract signing. In this conference the subsequent digital models are defined as well as their purpose and degree of detail. Ad ditionally, the designer of each digital model is determined at this conference. The owner is also required to designate and pay for a single entity to manage information and maintain the federated model of the linked models. The addendum does not say sp ecifically who this entity needs to be, just that it needs to be decided and designated. There are options within the document that determine levels of accuracy, from no representation of accuracy to each contributor represents his contributions are accurate and take precedence over measurements called out or inferred from drawings for dimensional accuracy. As for risk allocation each party is held responsible for its own or its subcont ractors contributions to a

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49 model. The consequential damages and standard of care all refer back to the governing contract to which the addendum is attached. To determine intellectual property rights an d exchange of limited term licenses for parties to us Each party retains copyright authority to their own contribution. The BIM 301 Addendum is a tool to utilize BIM on a project start to finish. It allows the contractor to more closely integrate p roject delivery with owners and designers. Figure 3 1 AIA integrated project delivery contract document relationships

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50 Figure 3 2 AIA single purpose entity contract document relationships Figure 3 3 ConsensusDOCS integrated project delivery seri es 300

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51 Table 3 1 Construction d ocument p hasing AIA B195, A195, A295 Transitional Agreements AIA C195, C196, C197 SPE Agreements And AGC ConsensusDOCS Schematic Design (SD) Conceptualization Phase (CP) establish general scope key consultants and subcontractors conceptual design, scale, and relationships brought in among components architect schedules design services contractor prepares overall project Design Development (DD) schedule more detailed drawings illustrating new aspects of project Criteria Design Phase (CDP) floor plans are clearly defined with accurate design alternatives presented dimensions digital model started check for compliance with building codes check for compliance with building work with engineers to design mechanical, codes electrical and structural components contractor begins working with subs and suppliers Construction Documents (CD) owner approves design documents detailed working drawings and and estimate specifications actual construction cost established by Detailed Design Phase (DDP) contractor selection of major components and these documents become part of the systems contract construction coordination begins GMP set Implementation Documents Phase (IDP) produce construction documents including shop drawings and subcontractor submittals all information attached to design model

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52 CHAPTER 4 RESULTS After researching contract documents available throughout the construction industry in the United States, three main documents (AIA Transitional, AIA Single Purpose Entity, and AGC ConsensusDOCS) emerged specifically managing details needed to be defined within an Integrated Project Deliver y (IPD). First, the A merican Institute of Architects (A IA ) Transitional Agreements: B195 Owner Architect Agreement, A195 Owner Contractor Agreement (Guaranteed Maximum Price), and A295 General Conditions (Scope of Services). The AIA also released the AIA Single Purpose Entity (SPE) Agreements: C195 Standard Form Single Purpose Entity Agreement, C196 Owner and the Single Purpose Entity, and C197 Non owner and the Single Purpose Entity. The last docu ment discussed was released by the Associated General Contractors ( AGC ) : ConsensusDOCS 300 Tri Party Collaborative Agreement. All these documents were recently released for public use to define contractual obligation within the collaboration. With the U S General Services Administration (GSA) requiring Building Information Modeling ( BIM ) on all projects now the documents needed revisions to reflect industry trends with building information modeling and sustainable construction. To start, the shift to In tegrated Project Delivery has caused construction phasing to evolve under the creation of the AIA SPE agreements. With the blurring of lines between disciplines and the team work of contract participants the SPE agreements use a four phase system in place of the traditio nal three phases the AIA Transitional Agreements and ConsensusDOCS utilize (Table 3 2). The traditional document phasing includes schematic design (SD) with general scope and conceptual design, design development (DD) with detailed floor plans and prelimi nary mechanical, electrical and plumbing design, and construction documents (CD) with detailed

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53 working drawings and specifications. The four phase system includes the conceptualization phase, criteria design phase, detailed design phase, and the implement ation documents phase. Conceptualization includes architect design services and overall project schedule by the contractor. Criteria design includes design alternatives, the beginning of any digital modeling and owner approval of design documents and est imate. Detailed design includes selection of major components and systems, the beginning of construction and defining of the guaranteed maximum price (GMP). Lastly, the implementation documents include shop drawings and submittals and attachment to any d igital model. Dispute was another issue for concern by participants in the past and the settling of any outstanding issues. All three documents specifically define how dispute resolution will be handled prior to any litigation. The transitional agreeme nts require mediation and/or arbitration prior to the pursuit of any litigation against parties involved in the contract. The AIA SPE agreements waive claims by any participants in the contract. Provisions to settle any dispute will be detailed within th e document. The ConsensusDOCS provides options for the dispute resolution. Teamwork among all contracting parties is key for IPD to be successful. The three agreements (both AIA and sole AGC document) discussed all approach teamwork and decision making with the collaboration in mind. The AIA Transitional agreements establish the framework necessary for the collaboration on the project. The AIA SPE agreements enable the owner to set common goals for the team to achieve. The ConsensusDOCS were created through the collaboration of multi

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54 used. The AIA Transitional agreements tend to protect a single party within the A295 more than spreading out the risk evenly. This agreement is closest to past AIA documents used for traditional design bid build projects. With IPD, risk falls on parties who did not previously have to manage it For this reason, the other two documents, the AIA SPE agreements and the AGC ConsensusDOCS 300 Tri Party Collaborative Agreement, share risk for the project design and construction. The SPE agreements place the owner in a position to share equally in r isk for the project. The ConsensusDOCS spread the risk across all stakeholders. The newest releases by the AIA and AGC attempt to define terms for use and implementation of Building Information Modeling. The structure of each document varies significant ly. The AIA released the E202 BIM Protocol Exhibit which is a stand alone document to define BIM risk. The AGC, on the other hand, released the 301 BIM Addendum to attach to another governing contract that is being used for the project (Table 4 2). Each document assigns responsibility for model components and the level of detail to be achieved per element to avoid confusion. At creation of these contracts authorized use and modification personnel shall be identified. The management of the model will var y by contract. The AIA E202 BIM Exhibit states that a model manager will be defined by phase of the project. The responsibility will move from person to person as construction progresses through the phases. The AGC 301 BIM Addendum states the owner will designate one single entity to manage and maintain the federated model throughout the project. One final additional requirement he AGC 301 BIM Addendum defines the Execution Conference. This conference must be completed within thirty days of signing th e governing

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55 contract. At this meeting all participant responsibilities are defined with the detail level for each element. The list of authorized personnel for model use and modification will also be assembled at this time. Table 6 1 AIA vs. Associated General Contractros ( AGC ) contract benefits AIA Transitional Agreements AIA SPE Agreements AGC ConsensusDOCS Design/Construction Phasing traditional phasing phasing change for integration no phase change Dispute requires mediation/arbitration prior to pursuing litigation all parties waive claims against each other settled within provisions stated provided choices in dispute resolution Teamwork establishes collaboration owner establishes common goals "project first" approach Risk Allocation shared "G eneral Conditions" document Owner equal party in sharing risk for project design risk spread more equally across stakeholders Table 6 2 BIM contract options AIA E202 BIM Protocol Exhibit AGC 301 BM Addendum Structure Stand alone contract for BIM risk definition Attachment to separate governing contract Responsibility Define responsibility of model elements including authorized personal to modify/use Define digital model and party responsibilities/ level of detail per element Model Management Assign a model manager per phase of construction One single entity to manage and maintain the federated model designated by owner Execution Conference none Required within 30 days of signing contract

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56 CHAP TER 5 CONCLUSION Integrated Project Delivery (IPD) usin g Building Information Modeling (BIM) creates a problem with design and construction risk within the construction process. Defining terms within the contract documents and the party responsibilities needs to be standardized in the industry. This standard ization could mean that only one main contract document remain in the future yielding the best results and collaboration among the creaters. Change is coming and for every organization to be on the same page, the topics emerging need to be discussed in de tail. Companies are implementing this new technology without knowing what the outcome will be while keeping an optimistic attitude towards the limitations being presented. With the U.S. General Services Administration (GSA) making BIM mandatory for all n ew project s companies are forced into integrated project delivery arena The building construction industry will f ollow this lead to join an economically stable sector of the construction industry Sustainable Construction A baseline case study to illu strate the benefits of Buil ding Information Modeling in Integrated Project D elivery and s ustainable c onstruction the L eadership in E nergy and E nvironmental D esign (LEED) certification system was incorporated in this study Each c re dit for the LEED checkli st was examined looking at the submittals necessary to earn the points toward the certification (Appendix B) Out of the 62 possible credits achievable, BIM use could provide aid in the submission process for at least 53 of the credits. Sustainable desig n efficiency could be improved significantly using Building Information Modeling for the submittal pro cess. The benefits for organizations using the new technology is described in detail credit by credit in Appendix A and the BIM aid in LEED submissions

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57 Currently, the most benefits brought about from BIM use can be seen in a few major credits. For starters, the Energy and Atmosphere credit one Optimize Energy has the most potential. Energy modeling is a big portion of receiving this credit. The mode ling process can be tedious when a complex model must be created to simulate the energy consumption. With BIM use, the model will already exist if at least a second level of detail is reached within the model and could be used for the energy model. A sec ond set of credits that could be easily compiled using BIM is the low emitting materials credits within Indoor Environmental Quality. With the BIM model detailed to level four to utilize the attachment of submittals directly, the totals could easily be ta bulated. Lastly, the regional materials and recycled content of material used could also be tracked through level three and level four detailed models. With the level three tracking, the design could be managed to predict the materials being used to be s coped within the construction specifications and the level four detail would be the submittal tracking process as noted above. The collaboration between specialties within the industry is the future for green construction. The partnership between the U.S Green Building Council ( USGBC ) and Autodesk suggests the idea that the submittal process could b e changed to directly attach the BIM model created with plug ins and the XML capabilities already setup within the LEED submission process. Case Law Applicat ion As for the legal issues arising from the new BIM process and integration of parties to create the model, the case law states that no major changes will occur. The current cases being used to back litigation will continue to be used and just applied in a different context. The dilemma most parties believe exists is the responsibility of design and construction error and where that falls with the collaboration throughout the design and construction process. T he risk

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58 should not fall on any one party thr ough the use of BIM technology. The risk should still fall within the current organization allocation. Architects will be responsible for design. Contractors will be responsible for the means and methods of construction. The final model created from th e Building Information Modeling can be used by the owner, b ut the copyright for the design will still fall on the Architect. The most significant case referenced in construction is the United States versus Spearin defining implied warranty within the co ntract. This implied warranty for defects wit hin design and construction should not change once Building Information Modeling is implemented. Talking with Architects who are implementing the technology now, they say BIM is expanding their liability platf orm. The Architect is required to further define the project requirements through BIM leaving less responsibility and liability in the hands of the installing Contractor. Because the stages of integration are still initial, the use of BIM can infer that everything has been coordinated when that is simply not plausible or possible. From firsthand experience one Architect felt that using BIM was much more time consuming because the Architect becomes involved in the process. It is not just the design given to the Contractor any longer, which the Architect feels compromises their decision making abilities and control. It seems that conflict is created when integration is required yet not all parties involved are incorporating the new technology within their organization. The transition is still taking place on a wide spread scale which causes hesitation. The case history should reassure the Architects that even though the process is being expanded to include them in more elements, there are still only resp onsible for the design and not the means and methods of construction. Their contributions to the model will be defined in the contract and separate them from any further risk they may fear.

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59 Contract Documents After researching the history of contracts ava ilable for use in the multitude of construction projects, it was found that the evolution of the industry has not surpa ssed the contracts available There are multiple options available to the Owner, Architect, Contractor, and Subcontractor. The American Institute of Architects has provided the leading contracts for many years now, releasing new revisions every ten years to the industry. The newest set of releases was revised with integrated project delivery and Building Information Modeling technology. The contracts needed to change because the relationships within project delivery are changing. Disciplines are crossing lines to collaborate and construct the best project possible. With the direction construction project teamwork is heading, the AGC als o released a set of contracts created with the inten called the ConsensusDOCS. Both sets of documents have their benefits to the different parties involved (Table 4 1) The addendums released specifically for the use of BI M on a contract directly address what needs to be performed for the project to be successful. The risk involved with using BIM is eliminated with the terms defined within the contract prior to implementation. The sole problem with the new contracts is th e requirement of all parties involved to be using the BIM technology, which is not the case with all projects going on currently in the industry. It is inferred within the documents that all parties involved will b e using the new technology. T he use of t he technology is grow ing every day and will be standardized across the industry eventually especially with GSA requirements in place currently AIA Documents versus ConsensusDOCS Among the documents available today, the newest emergence is the ConsensusD OCS. T hough the AIA documents have evolved over the years, their newest IPD documents were released du ring the same year as the AGC documents The new Consen susDOCS represent who best b ear s the risk as opposed to who will have to pay for it. When these documents were

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60 created, multiple organizations became involved including sub representatives. T he AIA declined to participate Both the AIA and AGC wrote the new releases/modifications with the changing industry in mind including the emergence of Building Information Modeling and IPD. The ConsensusDOCS re quire (Table 4 1) dispute mitigation, mediation and parties at contract signing to decide to use arbitration or litigation as a last resort. The AIA A201 General Conditions revision released is similar unlike before when all initial claims were subject to an initial decision by the architect prior revisions in the twentieth century, parties moved to mediation or arbitration. The A201 now requires the same process as detailed in the ConsensusDOCS. Another key improvement mainly benefitting the subcontracto r the contractor subcontract agreement does not require the subcontractor to indemnify the contractor, owner, and architect for all claims. usDOCS (Korman 2007). It also provides for a limited waiver of consequential damages and a limited mutual waiver with the owner for liquidated damages. Other revisions made to each documents include the payment security for subcontractors. The document s have a new requirement that that contractor is required to pay each subcontractor within seven days after payment is received from the owner. if The new AIA docume nts still places more risk on the subcontractors than its older version while the AGC diminishes the subcontractor risk. One groundbreaking aspect about the creation of the ConsensusDOCS by the AGC is the participation of the owner associations. It is l ogical for the owners and their representatives to

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61 become involved considering the growing frustration with over utilized, heavily modified standard form documents that do not resemble the original text. The owners have emphasized that dialogue and commun ication are more important than power. This idea pushed the risk allocation formulas to the forefront to create a framework for the contract communication. The ConsensusDOCS promote communication and dialogue in order to avoid litigation. The focus for the owner currently must be communication with the integrated project delivery per project. Other differences from the AIA documents include the requirement of the project owner to provide the prime contractor with evidence of project financing before s tart and anytime upon request during construction. Without this proof of financing, there is grounds for the contractor to suspend work. The AIA requires the contractor to make an affirmative showing of need before the owner is obligated to provide the f inancial information, leaving the contractor with less ability to stop work due to financial information. The ConsensusDOCS make an effort to making authority and responsibility along with liability exposure. The AIA A201 2007 l eaves the project architect with greater authority for decision making than in prior documents. This revision also places more responsibility on the contractor for failure to catch design errors and omissions leaving the architect with less responsibili ty (Vermilyeu 2007). Companies seem to not be utilizing the new documents available (Young 2007) The shift is cause for concern for these companies. Any company president may not want to change to the new agreement that is formulated with specific detail for integrated project delivery if their current agreement still functions fine. The go verning contract used needs to incorporate IPD and the best way to include IPD is to use the new documents available. The risk will be reduced with

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62 the new agreements released in 2007 by the AIA and AGC. Alongside these new governing contracts the BIM Ad denda should be attached to manage modeling risk when BIM technology is used. Because the AIA documents are the most familiar within the industry it seems they will be used more often and provide the strong foundation for the industry to expand upon. Bui lding Information Technology The new problems introduced by Building Information Modeling within the construction industry are part of the evolution of a technology. Change always includes problems that must be overcome. All parties involved are afraid o f the new risk involved with BIM and the integrated project delivery required for the technology to be successful. The standard separation of specialties can no longer operate for the project to be successful using Building Information Modeling. The list of benefits includes plug ins for external modeling like daylighting, energy, and sustainable design, visualization, central storage of project information, decision making process shift, reduction in change orders, and models for operation and management after construction is complete. This list just begins to quantify the benefits. The liability and risk parties are worried about can be resolved with the emergence of new contract documents to incorporate the BIM technology defining terms, party respo nsibility, and level of detail within each model element created. Both the AIA documents and the AGC documents have encompassed the concerns presented in the past like dispute resolution, risk allocation, model management and responsibility for parties in volved in the process (Table 4 1) These organizations have created an agreement centered on integrated project delivery and the contractual obligation, per party, involved in the collaboration (Table 4 2). BIM will require use of these agreements to def ine terms and responsibility for the project level of detail and creation relieving risk on contracted parties, especially new to the technology use.

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63 Conclusion Statement With construction moving towards collaborative methods a better understanding of the responsibilities and liabilities for all parties taking part in the new relationship must be clear. Contractually there are more options available to define the risk and responsibility for each participant. The Integrated Project Delivery agreements by the AIA and AGC both lay out a framework to create the relationship and communication necessary for the project to be successful. When the new technology is being utilized, t his study recommends the use of the AGC 301 BIM Addendum created under the ConsensusDOCS. Though the AIA ha s released a similar agreement, the AGC document encompasses more of the details necessary to clearly layout the progression of the project. With the AGC 301 BIM Addendum an execution conference is required to be completed within thirty days of signing the governing contract. This addendum can be attached to any contract but is recommended to govern the project alongside the AGC ConsensusDOCS 300 Tri Party Collaborative Agreement. It is recommended that disclaimers of reliance be created by level of detail should be openly discussed. Within the AGC 301 BIM Addendum all these terms are defined during the execution conference. The AGC addendum also defines one entity t o govern the model for the entirety of the project which would limit the confusion on responsibility for the federated model and authorization to modify it. The AIA E202 BIM Protocol Exhibit allows for the responsibility of the model to be passed to multi ple parties throughout the phases of construction which could cause discontinuity and confusion I t would be best to have one outside party take responsibility for the federated model throughout the entire project from preconstruction design phases to post construction facilities management. This party could then hand off the model at the end to the owner for use in operation and maintenance of the structure.

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64 The ConsensusDOCS also seem to be the best document to govern an integrated design project. benefit equally throughout the construction process. With the risk spread more equally across the stakeholders more care will be taken to make the right decis ion the first time around because it will affect all parties involved in construction including the participant making the decision. The AIA Single Purpose Entity agreements provide a similar structure to the project party relationships, but strays from t he traditional construction design phasing which could cause problems for any company that has not experienced the new phasing yet. Change may not be welcome within any organization involved in the process leading parties to feel it would be easier to sta y with the traditional phasing. Implementing IPD in the construction process leads to efficient and accurate design of the project. All parties benefit especially the owner. Decisions about design can be made early and alternatives can be explored with less limited options. Utilizing collaboration early in design allows the structure to include input from different specialties on efficiency and constructability which is key in a construction process like sustainable design. Integrated design principles are allowing construction processes such as Building Information Modeling and sustainable design to utilize collaborative techniques involving multiple participants providing input and access to the design process. For these new contractual relationships to be successful party involvement must be clearly defined. This new territory in construction collaboration is where owners like the General Services Administration (GSA) are forcing the industry to head. With GSA requiring BIM on all projects and sust ainability laws increasing, architects and contractors may need to branch out and implement new processes.

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65 Future Research To learn more about the construction focus on IPD the use of new contract documents available should be monitored in conjunction wit h projects utilizing the construction processes, BIM and sustainable design. The best way to discover the benefits of integrated design principles is first hand experience with construction projects contracted with the AIA or AGC agreements released speci fically for IPD. Current information found on studies of the new agreements are still preliminary. With the collaborative contracts being released in 2007, companies are just beginning to collect quantifiable data of benefits from use of the IPD agreemen ts (Kunz & Gilligan 2007).

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66 APPENDIX A L EADERSHIP IN ENERGY AND ENVIRONMENTAL DE SIGN (L EED ) CHEC KLIST ANALYSIS BIM Use in LEED Submittals Each credit for a LEED certified building must be documented and submitted to the USGBC for approval. Building Info rmation Modeling can be used for submission to the Council. The LEED strategy and objectives for the structure can be addressed earlier in the design process using the digital construction of the building. From scheduling to clashing and material use, BIM could be a useful tool in planning the certification of the project in more detail. The LEED NC Registered Project Checklist provides a blank list to develop ideas for BIM integration. On it each credit has been marked where BIM could be integrated into t he submittal documentation to aid in the design process. BIM use within each credit and the components being considered include anything from material lists and logs to schedule to energy efficiency design using the digital construction model to simulate s avings. Some aspects of the Building Information Modeling advantages may be overlooked due to the growing technology and information available about the software capabilities. LEED Components and BIM Integration Below the pieces to each credit will be dis cussed and where BIM can be integrated into the process. E ach credit will be identified along with submittals required to achieve that particular credit. The responsibility for that specific portion of the modeling will also be distinguished. Contract to c ontract responsibility may change depending on the relationships bewteen parties, yet the designation below is the most logical (See Appendix B ). Sustainable Sites SS Prerequisite 1: Construction Activity Pollution Prevention

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67 Create an Erosion and Sediment ation Control (ESC) Plan during the design phase of the project. With this plan project drawings must be submitted and confirmation of National Pollutant Discharge Elimination System (NPDES) Compliance. BIM Aid: yes. The model created through the BIM proce ss will be used in the submission of the Erosion and Sedimentation Control Plan during the design of the project. The compliance documents will need to be kept by the contractor though early submittals will be done using the model. Responsibility: Designer SS Credit 1: Site Selection Confirmation that site does not meet and of the prohibited criteria and a description of any special circumstance and non standard compliance path. The development footprint on the project site that has been impacted by any dev elopment activity should be established. BIM Aid: yes. BIM would incorporate the site and surroundings into the model and confirm that the specific site meets all of the standards. The footprint on the site can be explicitly examined and its impacts on the surrounding area. The site selection takes place early in the pre construction phase. Responsibility: Designer SS Credit 2: Development Density & Community Connectivity Using option 1 site vicinity plans including project site and surrounding buildings al ong with a list of sites and square feet of all the building in the density radius must be included. Option 2 includes a listing of business names and business type. BIM Aid: not significant. In order for BIM to be a significant aid for this credit the ent ire area surrounding the structure would need to be modeled which is just not plausible. Now in the future as more and more buildings shift over to using BIM and the operation and maintenance shifts to using it also, entire cities may be modeled and could be combined to create a large scale model of the city. This process will not occur far into the future though especially with the ownership and accuracy of each individual model being put into the question. Responsibility: none SS Credit 3: Brownfield Rede velopment Contamination confirmation by ASTM E1903 97 must be submitted or as defined by local, state, or federal government agency along with a narrative describing the site contamination and remediation. BIM Aid: not significant. Site contamination and r emediation is also an existing site condition which would increase the complexity of the model significantly if all of the components were added. The as builts of the old structure could be helpful but with BIM being a new technology they will not be in th ree dimension. The only part of BIM that may aid in this credit would be the scheduling of the remediation which may impact construction. This factor could be added in during the collaboration of all the modular pieces. Responsibility: none

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68 SS Credit 4.1 A lternative Transportation: Public Transportation Access Site vicinity drawing showing project and rail station with pedestrian access or showing project and bus stations with multiple routes must be included. BIM Aid: not significant. Site vicinity drawing s with the locations of the rails and pedestrian access along with the bus stations and their routes being added into the model would be also add additional work that is not necessary at this time. Maybe further down the road when BIM is more standard acro ss the field and other disciplines are using it as well, this option may be considered. This idea goes back to the modeling of a significantly large area that is not necessary for construction. Responsibility: none SS Credit 4.2 Alternative Transportation: Bicycle Storage & Changing Rooms Project Drawings to show bicycle storage and shower/changing facilities or covered storage submitted. BIM Aid: yes. This submittal includes drawings with the location of bicycle storage and shower/changing facilities on si te. The model would easily display these categories and their location in perspective to the building. Decisions would be made on the placement of these structures during the design phase of construction. Responsibility: Designer SS Credit 4.3 Alternative Transportation: Low emitting & Fuel Efficient Vehicles Total parking capacity and preferred parking designations must be disclosed. BIM Aid: yes. To comply with this credit the total parking capacity and preferred parking designations must be shown. With B could easily be distinguished in the model. Responsibility: Designer SS Credit 4.4 Alternative transportation: Parking Capacity Compliance path for site parking capacity must be submitted. BI M Aid: yes. Again with this credit the compliance with site requirements for parking capacity must be accurately displayed and the BIM model will quantify these values automatically. The particular compliance path must be decided during the design process. Responsibility: Designer SS Credit 5.1 Site Development: Protect and Restore Habitat Submittals include the project site area, project building footprint and a narrative describing the projects approach to the credit. BIM Aid: yes Submittals include the project site area, project building footprint and a narrative describing the projects approach to the credit. All these pieces will be created within the building model, possibly including the current site conditions around which the approach would be deci ded. Due to compliance taking place within construction and the scheduling

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69 factor which will affect the site development and its protection/restoration, this model and narrative will be created by the contractor. Responsibility: Contractor SS Credit 5.2 Si te Development: Maximize Open Space The project site area, project building footprint area, copy of site/landscaping drawings dedicated to vegetated open space, and a possible narrative for special circumstances must be included. BIM Aid: yes. The site and landscaping drawings which will be modeled in BIM must be submitted to achieve this credit. The area of the project site and building footprint must also be displayed on these drawings. With a model encompassing the site, all of these components will defi nitely be within the submitted documents. Responsibility: Designer SS Credit 6.1 Stormwater Design: Quantity Control Pre development and post development site runoff rates and quantities must be submitted. These values are used in the design of the system to be implemented. BIM Aid: yes The system design and its quantity control will be modeled into the BIM process using the pre development and post development site runoff rates and quantities. These decisions are all made during the pre construction phase of the project. Responsibility: Designer/Engineer SS Credit 6.2 Stormwater Design: Quality Control Structural controls with description of pollutant removal of each control and the percentage of annual rainfall treated along with narrative for special circ umstances to be included. BIM Aid: yes. The system design and its quality control will be modeled into the BIM process describing the structural controls and pollutant removals for each control. The decisions for which controls to use are based on the perc entage of rainfall treated. These decisions are all made during the pre construction phase of the project. Responsibility: Designer/Engineer SS Credit 7.1 Heat Island Effect: Non Roof Submittal includes SRI of each paving material, total area of site hards cape, total area of hardscape to be shaded within five years, total area of installed SRI, and total open grid paving. BIM Aid: yes. The heat island effect for non roof structures will all be displayed and designated on the model along with their descripti ons and specifications such as the SRI value of each paving material and total area. The percentages of each material can be easily quantified since BIM keeps track of the quantity take off of all materials. Responsibility: Designer SS Credit 7.2 Heat Isla nd Effect: Roof

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70 Area of SRI compliant roofing materials, list of installed roofing materials and their SRI values, and total area of Green Roof for submission. BIM Aid: yes. The heat island effect for the roofing material will be designated in the model wi th its materials and all other installed roofing components. The total area of the roof will be easily quantifiable and comparable to all materials used for the roof components. Responsibility: Designer SS Credit 8: Light Pollution Reduction Submit project lighting drawings interior and site with location and type of fixtures and provide confirmation that maximum candela is not exceeded. BIM Aid: yes. The specification of each component installed in the lighting system will be modeled in the project along w ith its specifications stored in the descriptions. The maximum candela will need to be quantified with the lighting totals. Responsibility: Lighting Designer Water Efficiency WE Credit 1.1 Water Efficient Landscaping: Reduce by 50% WE Credit 1.2 Water Effi cient Landscaping: No Potable Water Use or No Irrigation The projects design case Total Water Applied (TWA) in gallons and the total non potable water supply available for irrigation purposes. The design of the system will be completed prior to constructio n. BIM Aid: yes. The design system for the building must be completed and created within the model to examine the compliance with the Total Water Applied and the total non potable water supply available for irrigation purposes. The system can be examined w ithin the structure and its functionality with other components. Responsibility: Designer/Engineer WE Credit 2 Innovative Wastewater Technologies Plumbing construction drawings must be submitted. BIM Aid: yes. The plumbing within the building must be subm itted for compliance with this credit. In the submission include all fixtures and flows. The model will store the specifications for all components within the plumbing system unless they are not loaded into the model. Responsibility: Designer/Engineer WE C redit 3.1 Water Use Reduction: 20% Reduction WE Credit 3.2 Water Use Reduction: 30% Reduction Submissions include number of building occupants, project design case, project calculated baseline, non potable water usage for sewage conveyance, and a narrative describing reduction strategies. BIM Aid: yes.

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71 The submission includes number of building occupants, project design case, project calculated baseline, non potable water usage for sewage conveyance, and a narrative describing reduction strategies. The mode l for the plumbing system should already include all of these components except the narrative which can be derived from the model. Responsibility: Designer/Engineer Energy and Atmosphere EA Prerequisite 1: Fundamental Commissioning of the Building Energy S ystems Commissioning requirements incorporated into the construction documents along with documentation of OPR and BOD for review. Commissioning plan and a summary report must be submitted. BIM Aid: yes. The commissioning requirements that are incorporated into the construction documents and the model must also be updated throughout the construction process to document compliance with the OPR and BOD. Responsibility for each piece of the commissioning ehalf. The updating throughout the process though must be done by the contractor since they will be on site during construction. Responsibility: Plan/Designer:Compliance/Contractor EA Prerequisite 2: Minimum Energy Performance Design to comply with both ma ndatory and prescriptive provisions of ASHRAE Standard 90.1 with calculation submissions necessary. BIM Aid: yes. The energy performance of the systems designed to be implemented within the building must be submitted to prove compliance with both mandatory and prescriptive provisions of ASHRAE Standard 90.1 with calculation submissions necessary. The model has the capabilities to perform many of the calculations automatically after the system has been placed within the model. Responsibility: Designer/Engine er EA Prerequisite 3: Fundamental Refrigerant Management Confirmation on project for no use of CFC refrigerant or a phase out plan including dates and refrigerant quantities as a percentage of the overall equipment. BIM Aid: not significant. This particula r credit will achieve no significant aid from utilizing the BIM process though the specifications of the systems being used in the building can be input into the model. The phase out plan could be adapted from the schedule and model integration and maybe e ven the use of the model following construction completion for operation and maintenance but that is on a case by case basis. BIM is not necessary for submission. Responsibility: none EA Credit 1: Optimize Energy Performance Submittal Template provides det ailed tables and calculations to automatically generate percent savings and points achieved. BIM Aid: yes.

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72 At the level of use of BIM today this credit would aid with energy modeling though it could not perform all the calculations alone without a plug in. In the future these tables could be automatically generated from the mechanical systems that have been modeled in the building software. The specifications of each system would need to be put into the model and the mechanical software still seems to have some bugs in it making this particularly challenging and time consuming. Responsibility: Engineer EA Credit 2: On Site Renewable Energy Provide the on site renewable energy sources used along with a description of the source of the annual energy cost infor mation and appropriate values and costs. BIM Aid: yes. On site renewable energy sources used along with their specification and description for annual energy cost information must be submitted. With the modeling, all of this information should be input int o the specifications for each material and source within the building. Responsibility: Designer/Engineer EA Credit 3: Enhanced Commissioning Provide the name of the Commissioning Authority, firm, and experience information, confirmation that the six requir ed tasks are completed, and a narrative describing the results of the commissioning design review, implementation of the systems manual and training, and the plan for the review of the building operation in 8 10 mos. BIM Aid: yes. The results of the commis sioning design review and the plan review of the building operation should both be incorporated into the building model to clearly illustrate compliance with both. The responsibility of commissioning can fall between multiple parties though the main respon sibility should fall in the hands of the commissioning agent to see that all requirements are met. Responsibility: Contractor/Commissioning Agent EA Credit 4: Enhanced Refrigerant Management Submittal includes the HVAC&R equipment types with size, refriger ant, and refrigerant charge. BIM Aid: not significant. As stated above the use of BIM for the submittal about mechanical equipment and its refrigerant specifications would be an insignificant aid to the submittal process for this credit. That information c an be imbedded within the model but is not necessary and the calculations performed by the current software do not take into account the type of refrigerant being used for pollution purposes. When the software is developed further and the bugs worked out i t will be provide a significant impact on the mechanical design process though. Responsibility: none EA Credit 5: Measurement & Verification Submit a copy of the Measurement and Verification Plan. BIM Aid: yes.

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73 The Measurement & Verification Plan will be e mbedded within the structure and its components so the model will be a strong aid in measuring these aspects. The model could also be used after construction is complete as the as built documents which would also aid in the operation and maintenance. Respo nsibility: Contractor EA Credit 6: Green Power Option 1 includes providing the name of the green power provider and contract term and option 2 provides the name of the REC vendor. BIM Aid: not significant. The BIM process will not provide any aid in receiv ing the credit for green power. Both options include external components which will not be modeled into the building. The designation of its use could be included in the energy specifications but that would only be for future operation and maintenance know ledge. Responsibility: none Materials and Resources MR Prerequisite 1: Storage & Collection of Recyclables Plan for reduction of waste generated by building occupants including collection and storage of materials for recycling including paper, corrugated c ardboard, glass, plastics, and metals. BIM Aid: yes. A plan for the reduction of waste generated onsite and recycling must be included in the design to meet the prerequisite for materials and resources. Designation can be clearly defined within the model f or compliance with this requirement. Responsibility: Designer MR Credit 1.1: Building Reuse: Maintain 75% of Existing Walls, Floors & Roof MR Credit 1.2: Building Reuse: Maintain 95% of Existing Walls, Floors & Roof MR Credit 1.3: Building Reuse: Maintain 50% of Interior Non Structural Elements Confirmation that project is renovation/addition that meets the square footage requirements and a table of existing and reused square feet. BIM Aid: yes. The submittal for building reuse must include square footage r equirements as well as tables including the reused materials. The reused material could be easily quantified with the BIM take off capabilities along with the total square footage comparisons. The materials would just need to be designated and modulated co rrectly within the model to define the correct characteristics. Responsibility: Contractor MR Credit 2.1 Construction Waste Management: Divert 50% From Disposal MR Credit 2.2: Construction Waste Management: Divert 75% From Disposal

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74 Submittal includes const ruction waste calculation tables with type/category and location of landfill/receiving agent and the quantity of waste diverted in tons along with a narrative of the construction waste management plan. BIM Aid: yes. This submittal includes construction was te calculation tables with type/category and location of landfill/receiving agent and the quantity of waste diverted in tons along with a narrative of the construction waste management plan. All of these components should be included within the model upon the planning and scheduling of construction for the project. Responsibility: Contractor MR Credit 3.1: Materials Reuse: 5% MR Credit 3.2: Materials Reuse: 10% Tables of salvaged/reused materials, source/vendor, and cost for the total project will be submit ted along with a narrative of reuse strategy. BIM Aid: yes. To achieve this credit tables of salvaged/reused materials, source/vendor, and cost for the total project will be submitted along with a narrative of reuse strategy. The salvaged materials will be designated on the model to be reused for construction along with for scheduling purposes throughout construction. BIM will aid in keeping track of all the parts and pieces to be used to achieve this credit. Responsibility: Contractor MR Credit 4.1: Recycl ed Content: 10% (post consumer + pre consumer) MR Credit 4.2: Recycled Content: 20% (post consumer + pre consumer) Submit calculations for total recycled content value as defined in accordance with ISO 14021 not including mechanical, electrical, plumbi ng components, and specialty items. BIM Aid: yes. Submission includes calculations for total recycled content value as defined in accordance with ISO 14021 not including mechanical, electrical, plumbing components, and specialty items. The material totals will be included in the quantity take offs for the building and all specifications and material designations will be attached to each material for clarification. The model will greatly simplify the process and management of each material. Responsibility: C ontractor MR Credit 5.1: Regional Materials: 10% Extracted, Processed & Manufactured Regionally MR Credit 5.2: Regional Materials: 20% Extracted, Processed & Manufactured Regionally Submit calculations for the percent of local materials used as a part of t he total material cost. BIM Aid: yes. Each material can be specified with a description throughout the building model prior to material use the submission of calculations for the percent of local materials used and

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75 obtained with travel distances. With grow th into the use of BIM this credit will make it more efficient. Responsibility: Contractor MR Credit 6: Rapidly Renewable Materials Calculate the percent of rapidly renewable materials as part of the total materials cost within Divisions 2 10. BIM Aid: ye s. The rapidly renewable materials will be designated within the model and researched as construction progresses to include the most possible in the building. The contractor will be responsible for the supply of materials throughout the building so respons ibility for this credit and its calculations cannot be placed on the designer. Responsibility: Contractor MR Credit 7: Certified Wood Calculate the percentage of FSC certified wood material as a total of the new wood material cost. BIM Aid: yes. Like the r apidly renewable materials credit, the FSC certified wood use will be determined by the contractor upon purchasing materials for the construction of the building. The calculation of the percentage of the total new wood will not be able to be completed unti l the contractor has ordered and installed a large amount of the wood components within the building. Responsibility: Contractor Indoor Environmental Quality EQ Prerequisite 1: Minimum IAQ Performance ntilation design for mechanically or naturally ventilated buildings. BIM Aid: yes. be submitted for compliance. The BIM model will include both of these systems as they are a major component of the building design. Responsibility: Designer EQ Prerequisite 2: Environmental Tobacco Smoke (ETS) Control Confirm parameters have been met for one of the option requirements to control smoking. BIM Aid: yes. The drawings must confirm the compliance with either of the options for this credit. The model would be sufficient to prove compliance. Responsibility: Designer EQ Credit 1: Outdoor Air Delivery Monitoring Confirmation of the type of ventilation system and installed contro ls and a narrative 2 monitoring system. Project drawings to

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76 document location and type of installed sensors and natural ventilation components included. BIM Aid: yes. The ventilation system and installed co ntrols for the CO 2 monitoring system must be submitted for confirmation along with the sensor location. All of these components should be created and placed in the model during the design process. Responsibility: Designer EQ Credit 2: Increased Ventilation Prepare calculations to demonstrate the design ventilation rates for each zone are above the minimum rates required. BIM Aid: not significant The calculations for this submittal are going to have to be prepared separately from what the model will provide so simply using the model will not provide any significant aid to achieve this credit though future development of software plug ins could produce this information. Responsibility: none EQ Credit 3.1: Construction IAQ Management Plan: During Construction P rovide a copy of the IAQ plan along with photos to prove implemented construction practices and list all filtration media installed during construction and confirm replacement prior to occupancy. BIM Aid: yes. The list of all filtration media needed can be created by the model if the details have been logged in. The implementation of the plan will need to be supervised by the Contractor during construction though along with the photos for documentation. Responsibility: Designer/Engineer EQ Credit 3.2: Const ruction IAQ Management Plan: Before Occupancy Perform building flush out and air quality testing to demonstrate contaminant maximum concentrations are not exceeded. BIM Aid: not significant. To achieve this credit a flush out and air quality testing must b e performed prior to occupancy to demonstrate the maximum concentrations have not been exceeded. These requirements are all field related so the model would be of no significant aid to achieve these credits. Responsibility: none EQ Credit 4.1: Low Emitting Materials: Adhesives & Sealants Provide a list of each indoor adhesive, sealant, and sealant primer product used on the project and each indoor aerosol adhesive product. BIM Aid: yes. The list of indoor adhesive, sealant, and sealant primer products used on the project will be attached within the production of the model. This is very specific information to detail in the model and should be included. It must be designated on the level of detail that will go into the model. Responsibility: Contractor

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77 EQ Cre dit 4.2: Low Emitting Materials: Paints & Coatings Provide a listing of each indoor paint used on the project. BIM Aid: yes. The list of each indoor paint used on the project will need to include information detailed for the model. The quantities can be de rived from the model if the level of detail is reached in the BIM process up to the as builts. Responsibility: Contractor EQ Credit 4.3: Low Emitting Materials: Carpet Systems Provide a listing of each carpet and carpet cushion and confirm compliance with the CRI Green Label Plus testing program. BIM Aid: yes. The list of each carpet and carpet cushion used in the building to confirm compliance with Green Label should be produced from the model. The level of detail is high but acheivable. Responsibility: Co ntractor EQ Credit 4.4: Low Emitting Materials: Composite Wood & Agrifiber Products Provide a listing of each composite wood and agrifiber product installed in the building interior. BIM Aid: yes. The list of each composite wood and agrifiber product insta lled in the building interior should be detailed in the model produced. That level of detail can be achieved by submission for this credit. Responsibility: Contractor EQ Credit 5: Indoor Chemical & Pollutant Source Control Submit construction drawings to h ighlight the location of the entryway systems and confirm required systems along with mechanical drawings highlighting chemical usage areas, room separations, and associated exhausted systems. BIM Aid: yes. The model could be used in place of the construct ion drawings to highlight location of entryway systems to confirm the required systems. The mechanical will be implemented into the model so the level of detail needed will be present. Specific areas such as chemical usage areas, room separations, and asso ciated exhausted systems can be highlighted in the model. Responsibility: Designer/Engineer EQ Credit 6.1: Controllability of Systems: Lighting Provide a listing of the total number of workstations and lighting controls for individual and shared multi occu lighting control strategy. BIM Aid: yes. The list of the total number of workstations and lighting controls for individual and shared multi occupant space control can be produced from the m odel in quantities and location to detail the compliance. Responsibility: Lighting Designer

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78 EQ Credit 6.2: Controllability of Systems: Thermal Comfort Provide a listing of the total number of workstations and thermal controls for individual and shared mult i comfort control strategy. BIM Aid: yes. The list of the total number of workstations and thermal controls for individual and shared multi occupant space control can be produced from t he model in quantitative take off and location to detail the compliance. Responsibility: Designer EQ Credit 7.1: Thermal Comfort: Design Submittal documentation with data regarding seasonal temperature and humidity design criteria and a narrative describin g the method used to establish the thermal comfort conditions for the project and how the systems design addresses the design criteria. BIM Aid: yes. The documentation needed for this submittal includes data regarding seasonal temperature and humidity desi gn criteria which will be attached to the mechanical components installed in the model as well as any natural ventilation that may be included in the system. The BIM process will provide the information needed to detail compliance for this credit. Responsi bility: Designer/Engineer EQ Credit 7.2: Thermal Comfort: Verification A narrative describing the survey planned for validation of the thermal comfort conditions and specific description of the provisions for creating a plan of corrective action will be su bmitted. BIM Aid: not significant. As for submission to receive this credit the model will not be a significant aid. A narrative describing the survey planned for validation of the thermal comfort conditions and specific description of the provisions for c reating a plan of corrective action will be submitted. When actually measuring the thermal conditions after occupancy, the model could be put to use for the system that has been set in place. Responsibility: none EQ Credit 8.1: Daylight & Views: Daylight 7 5% of Spaces Submit glazing factor calculations or a computer simulation or the daylight measurement method. BIM Aid: yes. The computer simulation of the daylight measurements necessary for submission to receive this credit can be produced from the model c reated. The glazing factor calculations would have to be done separately if necessary. Responsibility: Lighting Designer EQ Credit 8.2: Daylight & Views: Views for 90% of Space

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79 Submit the template calculation spreadsheet to demonstrate overall access to vi ews and provide copies of the applicable project drawings showing the line of sight from the interior spaces through exterior windows in both plan and sectional views. BIM Aid: yes. The model can be used to demonstrate overall access to views to create the spreadsheet and provide proof showing the line of sight from the interior spaces through exterior windows in both plan and sectional views. Responsibility: Designer Innovation and Design Process ID Credit 1 1.4: Innovation in Design Submit proposal with i ntent, requirements for compliance, submittals, and design strategies to meet. BIM Aid: yes. The submission for this credit could also be supported with a three dimensional model and then the scheduling added in the BIM process to support the intent, requi rements for compliance, submittals, and design strategies that need to be met. Responsibility: varies ID Credit 2: LEED Accredited Professional description of role, and copy of the LEED AP Certificate. BIM Aid: not significant. brief description of role, and copy of the LEED AP Certificate will not be produced by the model so the BIM process will p rovide no significant aid in achieving this credit. Responsibility: none

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80 APPENDIX B LEED CHECKLIST NC 2.2

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81 LIST OF REFERENCES American Institute of Architects. (2009). New Software Enhancements and Revised D ocuments Available May 1, 2009 AIA Contract Documents May 13, 2009 Associated General Contractors of America. (2008). Groundbreaking Contract First To Address BIM AGC of America. May 13, 2009 Bedrick, Jim. (2008). Organizing the Development of a Building Information Model Webcor Builders. May 13, 2009 Conner, Jeffrey S. (2008). Managing the Risks of LEED Certification Los Angeles Coun ty Bar Associa tion, Los Angeles, CA. Gleeson, Jim Architecture Week T1.2. June 1, 2009 Hatem, David J. (2008). Design Responsibility in Integrated Project Deli very: Looking Back and Moving Forward Donovan Hatem LLP, Boston MA & New York, NY Hurley, Amada Kolson. (2008). Architect 32, Washington, D.C. Khemlani, Lachmi. (2006). BIM AECbytes June 1, 2009 Korman, Richard. (2007). Engineering News Record 259 ( 11 ), 106 107. Ma y 14, 2009 Kunz, Jon & Brian Gilligan. (2007). Value from VDC/BIM Use: Survey Results Stanford University, Palo Alto, CA. Lowe, Richard H. (2007). Buckling Up Risks, Constructor May 14, 2009 Malin, Nadav. (2007). Environmental Building News, Brattleboro, VT June 1, 2009 McGraw Hill. ( 2007). Engineering News Record, 259 (11), 148. Middlebrooks, Robert E. (2008). Sustainable Design Through BIM and Analysis HPAC Engineering June 1, 2009

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82 Mitchell, Brendan P. (2008). Th e Applicability of the Spearin Doctrine: Do Owners Warrant Plans and Specifications? Hease, LLC May 14, 2009 Novitiski, B.J. (2008). Architectural Record 196 (7). Reinhardt, Jon. (2007). Virtual Design & Construction Turner. June 18, 2009. Sawyer, Tom. (2008). Engineering News Record May 13, 2009 Vermilyea, Jeremy. (2007). ConsensusDOCS Are Here To Stay Vermilyea Law Group, PC June 1, 2009 VICO. (2008). Model Progression Spec ifica t ion VICO Software. June 1, 2009 Young, Nobert W. (2007). Interoperability in the Construction Industry, Smart Market Report McGraw Hill Construction July 2, 2009. Zeiger, Mimi. (2008). Washington, D.C. Zind, Tom. (2007). EC&M 106 (11)

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83 BIOGRAPHICAL SKETCH Before attending the University of Florida, Betsy attended the University of Central Florida to play collegiate volleyball for the Knights. Lacking a degree similar to architecture or building construction, Betsy transferred to UF after only one year in Orlando. The University of Florida p rovided her with a Bachelor of Science in b uilding c onstruction. They presented a strong undergraduate program with a valued appreciation by peers within the Gainesville community. The two year upper division program provided a background for insertion int o the industry throughout the country. The combined degree program offered an accelerated option to p ursue the Master of Science in building c onstruction, limiting the education to two semesters. This availability led her to pursue that degree and become o ne step ahead of her colleagues that graduated beside her the year prior. Now she will continue into the industry to work for a mid size General Contractor with an entry level project management position.