January 2014
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Hot Topics & Trends BIM Execution Plans: One of my Three Passions… by Chad Wisler As we toast to the new year, there is no better time than now to discuss one of the best project planning tools needed for almost every project active in our industry. Although it may not be at the top of your list during the holiday season, by gaining a better unChad Wisler derstanding of the importance of developing a BIM Execution Plan for your projects it will pay off for you, your firm, and most importantly your clients. Historically, any “managed” project was proactively managed throughout the development of a Project Execution Plan, which was either very simple or very detailed (not complicated). This often was dependent upon the project team members and the scope of work. Reaching back to my project management professional training, and latenight reviews of the Project Management Book of Knowledge (look it up), the most critical time period of a project is within the first two to three weeks.
The BIM Execution Plan is the direct offshoot of today’s design, construction, and facility management focus through streamlined project teams and relatively new software platforms. A BIM Execution Plan is essentially a subset of the overall Project Execution Plan for a project that is focused on the BIM environment and how it will be utilized for the design, construction, as-builting, and facility maintenance for the project/building. The plan is a jointly agreed upon and developed plan that documents what software will be used to generate the BIM model, who is responsible for what and when, and how the model will be utilized throughout the project (design, construction, and owner use). Such a simple concept is perhaps self-evident to many of the professionals reading this article, however, at the same time, BIM and its variations of its implementation on a project cannot be left to chance. There are three options in developing a BIM Execution Plan: Option 1 – don’t do it; option 2 – develop a very detailed plan; and option 3 – develop a simple, clear plan. Each option may be suitable for your project, but my recommendation is to focus on option 3 for our projects.
Option 1 – Don’t Do a Plan Unfortunately, the majority of BIM projects today still do not employ any “Plan.” While BIM and the associated software platforms (Revit, Intergraph, Navisworks, EcoDomus, Archibus, etc.) are relatively mature, their overall integration into a project is not, and perhaps never will be since there is not a “one-solution for every project/client.” Therefore, if your project does not have a BIM Execution Plan, you are putting unnecessary risk on your firm, your client, and also reducing the potential of what the project could be. This is a lost opportunity for you and your client. Don’t do it. Option 2 – Overly Detailed Plan Some of the most impressive plans are literally hundreds of pages and take months to develop. Most of us have worked on projects where we have spent several months developing a plan and a beautiful colorful record document for the plan and feel great about it. However, at the same time, the team is moving forward, developing habits, and most importantly, not following the plan and essentially falling back to a nonplan. This in turn results in misaligned models and expectations of the model for design, con-
struction, and owner use. Option 3 – Simple, Clear Plan The more concise and clear a plan can be the better. In doing so, all participants (designers, management, CMs, and owners) can clearly understand the modeling efforts, and what is (and is not) modeled and by whom. The plan is then followed and used as a tool to manage the project. Because the plan is simple, it can be used as a communication and check-in tool for all members of your project team. Additionally, by keeping it concise, it can be developed, reviewed/approved within a couple of weeks of the project, which further aids in its real-time use. In summary, develop a plan, keep it simple and concise, and engage the participants in its development. Don’t get caught in the academic level of producing an impressive binder for the plan or even worse – not developing a plan at all. Lastly, remember that we develop plans to focus on how to achieve a goal (in life and business). The BIM Execution Plan is a valuable tool for proactive management of today’s BIM projects. Happy New Year! Chad Wisler, PE, LEED AP BD+C, is a managing principal at R.G. Vanderweil Engineers, LLP in Boston.
by David E. Wilson This is part one of a two-part series. The second part, addressing “pay if paid,” disputes, and suspension of work, will appear in next month’s edition of High-Profile. - Editor. The Prompt Pay Act of 2010 has improved the flow of funds to those David Wilson who furnish and pay for the labor and materials in private construction. It contains important provisions affecting progress payments, change orders, “pay-if paid,” disputes, and suspension of work. The law applies to prime contractors, subcontractors, and suppliers entitled to file a mechanic’s lien on projects where the prime contract has an original price of $3 million or more. It does not apply to residential projects of four or fewer units, or where the prime contract was entered into before November 8, 2010. Here’s how the Prompt Pay Act works: Payment applications contracts and subcontracts must provide reasonable time periods within which periodic payment applications are submitted, approved or rejected, and paid. The parties may negotiate
those time periods provided they’re reasonable and don’t exceed the prescribed limits. The reasonable time period for submission of an application may not exceed 30 days. The cycle begins with the end of the first calendar month occurring at least 14 days after the applicant’s commencement of work. Payments are based on actual progress, although milestones may still be a basis for payment if the time between applications doesn’t exceed 30 days. Once submitted, the reasonable time period for approval or rejection may not exceed 15 days. But since the prime contractor must receive, review, and assemble applications from its subcontractors for inclusion in its own submission, the law allows the prime contractor an additional seven days to approve or reject a subcontractor’s application. Likewise, the law allows each tier below the prime contractor seven days more than the tier above for approval or rejection of an application from the tier below. The grounds for rejection are not prescribed by the law and remain subject to the parties’ contract. However, any rejection, whether in whole or in part, must be in writing, explain the factual and contractual basis for the rejection, and be certified as made in good faith. An application for payment that’s neither approved nor rejected within the specified time is deemed approved. To ac-
count for possible oversight or error, an application that was deemed approved may still be rejected up until the time payment is due, but the rejection must otherwise meet the statutory requirements for rejection. Meanwhile, a deemed approved application advances in line toward payment. Finally, regardless of whether approval was express or deemed, the reasonable time period for payment of an application may not exceed 45 days after approval. The law also requires contracts and subcontracts to provide reasonable time periods within which written requests for change orders are approved or rejected. The time period for approval or rejection of change orders may not exceed 30 days after submission of the request, or commencement of the changed work, whichever is later. The prime contractor, and each low-
er tier, is allowed seven days longer than the tier above for approval or rejection of a change order request from the tier below. Requirements for submission and entitlement remain a matter of contract. Rejection may be in whole or in part, but it must be in writing, explain the factual and contractual basis for rejection, and be certified as made in good faith. If a change order request is neither approved nor rejected within the specified time, it’s likewise deemed approved, unless properly rejected before payment is due. And once approved, whether expressly or “deemed”, the change order request may be submitted for payment with the next application for payment. David E. Wilson is a partner at the construction law firm of Corwin & Corwin LLP, and drafted the bill that became the Prompt Pay Act.
The Massachusetts Prompt Pay Act – a Refresher
Assisted Living Under Mass. Ch 40B Continued from page 17 decades old and could not have envisioned the needs of today, but based on market conditions and the availability of good buildable land. The need for assisted living residences will continue to grow while the availability of properly zoned buildable land will remain constant or decrease in numbers. Developers looking for building
sites for these projects should not overlook the Chapter 40B pathway. It may require a re-evaluation of the financial model, but it opens the door to a greater number of sites than are available under the conventional permitting process. Brian D. Jones, P.E., is senior project manager at Allen & Major Associates, Inc.
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