whose design is it anyway?

21 Pages·2015·5.1 MB·English

WORKSHOP M11
Monday, November 9
1:30 p.m.–2:45 p.m.
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3:15 p.m.–4:30 p.m. o
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WHOSE DESIGN IS IT ANYWAY? M
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Presented by
Eric Davis Sam McDermott Tracy Saxe Ted Wickenhauser
Advisor Partner Partner VP of Risk Management
Indoor Reality Wood, Smith, Henning & Saxe Doernberger & McCarthy Holdings, Inc.
Berman LLP Vita, P.C.
Today’s commercial contractor accepts more design responsibility than ever before.
The risks are enormous, insurance coverage is often unclear, and contractual risk
transfers may be insufficient. A case study approach will be used to identify hidden
risks in design-build, building information modeling (BIM), and integrated project
delivery settings. Learn how to identify design risks, allocate the liabilities
contractually, and arrange appropriate insurance coverage for these daunting
exposures.
To print on both sides of the page, set your printer for duplex printing.
Copyright © 2015 International Risk Management www.IRMI.com
Institute, Inc.
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*The Las Vegas Arena, owned by AEG and MGM Resorts International is being constructed by Hunt-PENTA, a joint venture. The Hartford® is The Hartford Financial Services Group, Inc. and its
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© 2015 The Hartford Financial Services Group, Inc. All Rights Reserved.
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Eric Davis
Advisor
Indoor Reality
Mr. Davis’s experience in the design and construction industry spans close to 20 years. Before
becoming advisor at Indoor Reality, he spent the last 12 at Swinerton, where he served as director
of Strategic Development. Mr. Davis promotes technological innovation and aligns technology
investments with operational needs, strategic long-range goals, and technology trends. In 2014,
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Mr. Davis led a first-place prize-winning team at the second annual Architecture, Engineering, o
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Construction (AEC) Hackathon event by building a working prototype mobile app using indoor k
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positioning. He is an Advisory Board member at Assemble Systems and has presented at Engineer- h
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ing News-Record (ENR) Future Tech West, AGC BIM Forum (the Associated General Contractors of

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America Building Information Modeling Forum), and Autodesk University. 1
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Sam McDermott
Partner
Wood, Smith, Henning & Berman LLP
Mr. McDermott is a highly experienced litigator with 20 years of experience in the construction
industry who has served virtually his entire career with Wood, Smith, Henning & Berman. A leader
in the firm's Orange County, California, office, Mr. McDermott has litigated an extensive number of
cases at the state and federal level involving design-build construction, payment disputes, delay
damages, professional liability, and construction quality issues. He has represented some of the
nation’s largest commercial contractors in cases involving design, quality, and defect issues, and
he also handles cases regarding on-site injuries, workplace regulations, prevailing wage claims,
and other administrative matters.
Tracy Saxe
Partner
Saxe Doernberger & Vita, P.C.
A partner at Saxe Doernberger & Vita, P.C., Mr. Saxe has spent almost 30 years focusing on the
needs of corporate policyholders nationwide. He has successfully tried numerous jury and court
trials in state and federal courts; has litigated insurance coverage cases before the federal, state
trial, and appellate courts; and has successfully mediated and arbitrated many insurance coverage
disputes. Mr. Saxe has tried more than 60 cases to judgment or verdict.
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Ted Wickenhauser
VP of Risk Management
McCarthy Holdings, Inc.
Mr. Wickenhauser has more than 20 years of experience in risk management, insurance, and con-
struction claims. He currently serves as vice president of risk management at McCarthy Holdings,
Inc., a national commercial contractor and design-builder. During his 7 years at McCarthy, Mr.
Wickenhauser has also held the role of claim director/corporate risk manager.
Prior to joining McCarthy, Mr. Wickenhauser was national claims manager at MDC Holdings, Inc.;
director of Excess/Surplus Claims at Fireman’s Fund Insurance; team manager at Liberty Mutual
Insurance; and field adjuster at Prudential Property & Casualty. Mr. Wickenhauser holds an MBA
from DePaul University.
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Whose Design Is It
Anyway?
Presented By:
Ted Wickenhauser
Vice President
McCarthy Holdings, Inc., PC W
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Tracy Alan Saxe k
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Partner h
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Saxe Doernberger & Vita, P.C. p

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Eric Davis
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Advisor
Indoor Reality
Sam McDermott
Partner
Wood Smith Henning & Berman, LLP
#IRMI2015
Panel Participants
Ted Wickenhauser Tracy Alan Saxe Eric Davis Sam McDermott
Vice President, Risk Mgmt. Partner Advisor Partner
McCarthy Holdings, Inc. Saxe, Doernberger & Indoor Reality Wood Smith Henning
Vita, PC & Berman, LLP
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Overview
 Traditional Construction Delivery
 Design-Build Construction
 Construction and Technology
 Building Information Modeling
 Integrated Project Delivery
 Panel Discussion
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Traditional Project
Delivery Methods
Construction Management
Design-Bid-Build
At Risk
 “Pure” Design-Bid-Build
As Agent
 Design-Negotiate-Build
#IRMI2015
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Design-Build
Construction
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 Design/Construction Through Single  Integration of Design/Construction r
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Entity Schedule s
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 Owner Has Sole Point of  Project Types
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Contact/Responsibility 1
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Design-Build
Benefits & Risks
Benefits Risks
Cost Savings Control of Design
Schedule Gains Lacks Adaptability
Design Flexibility Liability Risk Unclear
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Managing
Design-Build Risks
Contract Structure
Design-Builder Controlled Contracts
Design-Professional Controlled Contracts
Hybrid Control Contracts
AIA 2014 Series
ConsensusDocs 420
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Managing
Design-Build Risks
Indemnification Agreements
Standard Insurance may not be adequate
 CGL
 Professional
 Builder’s Risk
Appropriate subcontractor risk transfer
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Design-Build
Case Study
 Senior Assisted Living Facility
 Owner: “VA Development”
 Contractor: “Quality Const.” W
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 Quality retains “Able Architect” r
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 Quality retains “Mighty Mechanical h
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Engineering” p

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 Original Design: PTACunits 1
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 VA Requirements: Central Air
 Inspection Reveals Problem
 Schedule Delay
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Integration of Construction
and Technology
Electronic Documentation
Web-based Collaboration
Increased Connectivity
Mobile Devices
Building Information
Modeling (BIM)
#IRMI2015
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What is BIM?
“Digital representation of physical and functional characteristics of a facility.”
–US BIM Standard Project Committee
(BIM) Building Information Model
BldgA (location)
+ = SMART
HVAC (system)
L x W x H (dimensions) OBJECT
15000 (specifications)
geometry data Parametric
(objects) (parameters) (changes to data effect
geometry & vise versa)
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