Construction SuperConference 2017

Sessions Speakers Exhibitors Floor Plan Buzz

E06 High Tech Tools by Experts in Construction Litigation and Arbitration: How to Do it Right and How to Tear it Down (Room Chopin 4)

04 Dec 17

4:00 PM - 5:15 PM

Tracks: Design Innovation

Speaker(s): Benjamin Crosby, CM-BIM, CCM, LEED AP BD+C, CM-LEAN // Director of BIM/Virtual Design and Construction, The Yates Companies; Douglas Patin, Lawyer, Bradley Arant Boult Cummings; Anthony L. Meagher, Esq., Partner and Co-Chair of the Construction Practice, DLA Piper, LLP

Moderator(s): Charles Choyce, MRICS, PSP, CM-LEAN, PMP, CFCC // Managing Director, Berkeley Research Group LLC;

Expert presentations using new technology are frequently utilized in construction litigation, particularly claims for defective construction and delays. With the growth of Building Information Modeling ("BIM") and use of 4D scheduling software, these presentations can now be based on contemporaneous documents: the BIM and the contemporaneous construction schedules -- as opposed to an expert's after-the-fact recreation. If properly prepared, these videographic presentations can be an effective tool in a construction trial or hearing. On the other hand, if the videographic presentation can be effectively challenged, the results can be damaging to the presenting party. Using real examples from completed projects and hearings, primarily involving an energy processing project, attendees will learn: (i) proper validation protocols for counsel and clients to test the reliability of the source data (the schedule and the BIM) that are used for the videographic presentation, including recommended contract provisions regarding BIM, (ii) various approaches to properly and effectively present the videographic presentation and (iii) various approaches to challenging videographic presentations in cross examination or pretrial motions.

Upon completion of this session, participants will be able to:

Understand how construction companies should prepare, manage and maintain the source documents that are primarily used in expert presentations; the BIM and the construction schedule..
Understand proper questions to validate and vet the source data in a graphic presentation, including review and comment regarding contract provisions that should address BIM preparation.
Understand what questions and topics to use in cross-examination of the opposing expert on a videographic presentation as well as and any potential challenges to the expert's use of graphic presentations under Daubert and related cases.

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