ACC Focus on the New Jersey Chapter - April 8, 2011 (Print All Articles)


President's Message


April is great time to come to an NJCCA event.  Please visit our website for a complete listing.   

Do you have an idea?  Is there a program you want?  Is there a topic you want us cover? We are always looking for new ideas and we’re looking to refine our old ideas.  Also, our spring dinner is fast approaching on May 12.  This year, for  change of pace, we are having it an all new venue, the Grove in Cedar Grove.  I look forward to seeing you all there.

Finally, our membership drive is in full swing.  Please let your colleagues know the great benefits of NJCCA.  Opportunities for CLE, Networking, collaboration, social interaction are some of the important benefits one can get from NJCCA.  So come one come all. 

Enjoy the Spring. 

Best regards, Evan


Building Information Modeling Is Revolutionizing Construction

Robert C. Epstein, Jacqueline Greenberg Vogt and David C. Jensen
The legal implications of using building information modeling (BIM), the most exciting development in construction in a generation which is transforming the way projects are designed and built.

Building information modeling (BIM) is the most exciting development in construction in a generation and is transforming the way projects are designed and built. By creating a three-dimensional virtual simulation of a construction project, BIM has the potential to revolutionize construction by reducing costs, increasing quality, reducing conflicts and even achieving designs that would be impossible without this technology. In the very near future, BIM will overwhelm the construction industry and become the standard of practice for design and construction in the 21st century.

BIM is a technology that uses construction information to form a three-dimensional simulation of a construction project. BIM does not provide just a three-dimensional depiction of a construction project. Rather, BIM creates a digital simulation of a structure that can be digitally viewed, tested, modified, redesigned, constructed and deconstructed. 

BIM is fundamentally different from traditional design tools. Computer Assisted Design (CAD), used overwhelmingly by most designers for decades, depicts construction elements with lines that define a structure’s geometry. In contrast, using BIM, each element of the structure is an “intelligent” object containing a broad array of information in addition to physical dimensions. Each element in a BIM model “knows” how it relates to other objects and to the design in general. With BIM, walls are objects which can be stretched, joined and moved, and which “know” that they have certain properties. For example, a wall in a BIM model “knows” that it is supposed to extend from the foundation up to Level 1.  If either of those parameters changes, the height of the wall will automatically adjust to match.  Similarly, doors and windows “know” their relationship to the walls in which they are placed and behave accordingly.

BIM is the most powerful tool yet conceived for improving the construction process. Designers can use BIM to explore alternative concepts and optimize their designs. Contractors can use the model to “rehearse” construction, coordinate drawings and prepare shop and fabrication drawings. Owners can use the model to optimize building maintenance, renovations and energy efficiency, as well as to monitor life cycle costs. BIM allows for collaboration among designers, constructors and owners in ways the construction industry has never known before.

The potential benefits of BIM on construction projects are startling. Some uses of BIM are as follows:

Single Data Source: 

All construction projects require access by many parties to the same information. Under prevailing practices, the identical information is repetitively entered by separate parties into separate computer programs, each designed to provide a specific analysis. Every repetition is an opportunity for error.

In contrast, BIM allows project parties to capture everything known about a building in a single project database. Plans, elevations and section drawings, all generated from a single design model, are then always consistent. By having a single, unified data source, the risk of errors in data entry or translation is greatly reduced, and the risk that parties will proceed based upon conflicting information is minimized. 

Clash Detection:

In complex construction projects, design drawings must be coordinated to assure that different building systems do not clash and actually can be constructed in the allowed space. System conflicts are a primary source of contractor claims and unexpected delays. The traditional approach to system coordination, which has been used for decades, is to overlay two-dimensional drawings on a light table, or to merge drawings for each system into color-coded composite drawings. These processes are tedious and fraught with the potential for errors. BIM greatly increases the ability to detect system clashes and conflicts during design review by allowing integration of all key systems into the model. This allows conflict checking to occur rapidly and accurately in three-dimensional visualization, before construction begins.

The dramatic difference between BIM and traditional methods for clash detection was illustrated in a 2005 federal courthouse project in Jackson, Mississippi, conducted as a BIM pilot project by the federal General Services Administration. Before construction began, an independent review team used two different methods to analyze the designs for constructability issues and system conflicts. One review was performed using a three-dimensional BIM model and the other was done using traditional two-dimensional drawings. The BIM model reviewers found 257 constructability issues and 7,213 conflicts. The traditional plan reviewers found six constructability issues and one conflict.

Take-offs and Estimating:

To determine a project’s construction cost, contractors traditionally perform material “take-offs” manually, a process fraught with the potential for error. With BIM, the model includes information, or can link to information, which allows a contractor to accurately and rapidly generate an array of essential estimating information, such as materials quantities and costs, size and area estimates, and productivity projections. As changes are made, estimating information automatically adjusts, allowing greater contractor productivity.

Shop and Fabrication Drawings:

Under traditional design practices, fabricators of building components or systems must review the plans and specifications and prepare fabrication drawings which must be approved by the design team before fabrication can begin. This time-consuming process is laden with the risk of errors which, when discovered in the field, inevitably cause delays, increased costs and claims.

BIM models significantly reduce the risk of fabrication errors because conflicts can be resolved through the model. Also, because BIM can provide accurate construction details, the models can reduce fabrication costs by limiting the fabricator’s detailing effort and providing greater assurance that prefabricated components will fit in the field. As a result, more construction work can be performed offsite in controlled factory conditions and then efficiently installed at the site. 
Energy Efficiency and Building Life Cycle Management: BIM models are being used to model and evaluate energy efficiency, monitor a building’s life cycle costs and optimize facilities management. BIM allows the owner to evaluate upgrades for cost-effectiveness, and provides an accurate as-built model for operations and maintenance throughout a building’s life cycle.

BIM promises to exponentially improve design and construction. BIM allows design optimization, fewer construction errors, fewer design coordination issues, and thus, fewer claims. Contractors benefit through less coordination and engineering effort, reduced fabrication costs and more accurate costing data. Owners can use the model to improve management and operation of the facility. In short, BIM offers the promise to actually accomplish what the construction industry has always sought to achieve   increased productivity coupled with decreased costs, shorter project delivery times and fewer disputes.
Despite BIM’s vast potential, its widespread adoption faces significant obstacles.

There is a wide spectrum of possible uses of BIM on construction projects. At one extreme, architects and engineers can use BIM simply to produce better quality design documents without providing the digital model to any other party. Contractors separately can create models for estimating, fabricating or simulating construction without sharing the models. Used in these limited ways, BIM does not come close to realizing its powerful potential. At the other end of the spectrum, BIM can provide a collaborative framework among all project parties, allowing the free-flow of data about what is being designed and how it will be constructed. The collaborative use of BIM takes full advantage of BIM’s capabilities.

However, the collaborative use of BIM also fundamentally alters traditional construction project relationships and presents new risks and issues.

Designer Liability Exposure: 

In a collaborative BIM setting, many parties contribute to the design. Crucial details embedded in the design may be provided not by licensed design professionals, but by specialty subcontractors or vendors. In addition, BIM software is designed to react to changes in the model, by modifying elements of the design affected by a change. Moreover, BIM software “knows” the building codes and applicable engineering principles, and applies that information to the model.
These circumstances increase the potential liability exposure of design professionals who use BIM collaboratively. Under the law in all states, the architect or engineer of record must be in “responsible charge” of the design, meaning that the designer either must perform or directly supervise performance of the work. The plans are sealed by the responsible professional to signify compliance with this requirement and acceptance of the associated responsibility. Based upon these traditional legal principles, the designer is responsible for the entire design produced by BIM, even though crucial elements may have been provided by others or by the BIM software itself. This enhanced liability exposure of design professionals is a disincentive to the widespread, collaborative use of BIM.

Different BIM Models:

Ideally, a construction project would utilize a single BIM model which is used by the designers, contractors, subcontractors and fabricators for all purposes. Each party could access the model at will, adding content that all others could immediately utilize. The reality is that there rarely will be a single BIM on a complex project. The architect may have its design model, each engineer may have an analysis model for its discipline, the contractor may have a construction simulation model and the fabricator its shop drawing or fabrication model.

Interoperability - the sharing of information between these different models - is critical to the collaborative use of BIM, by assuring that each model consistently represents the same building. However, current technology does not yet allow seamless coordination between different BIM applications. The use of multiple models undermines the collaborative use of BIM and prevents project parties from reaping the full benefits of BIM’s capabilities.

Because BIM’s benefits are so compelling, it is inevitable that, over the next several years, its use will become nearly universal. BIM is transforming how buildings are designed and built, and redefining the traditional roles of designers, contractors, subcontractors and fabricators.  With its great promise of increased productivity, decreased costs, shorter delivery times and fewer disputes, all through true project party collaboration, BIM is destined to soon become the standard practice for all design and construction.


Robert C. Epstein is a shareholder with Greenberg Traurig in Florham Park, New Jersey where he heads the construction group. Jacqueline Greenberg Vogt and David C. Jensen are of counsel in the construction group.
This article was first published in the October 19, 2009 issue of the New Jersey Law Journal and is republished here with permission.  Copyright (2009) ALM Properties, LLC.  All rights reserved.
 

 


Refresher on NJ Limited Licensing (and Temporary Attorneys)

Lee Braem

New to in-house?  This would be a good time to review New Jersey's limited license rule (Rule 1:27-2).

The State's limited license rule (Rule 1:27-2) was originally published in late 2003 and several clarifying rulings have been published by the NJ Supreme Court since early 2004.  This may be a good time to review the broad scope of the limited licensing rule.  Information on the Rule, the Board of Bar Examiners forms, and the NJ Supreme Court's Supplemental Administrative Determinations can be found at: http://www.judiciary.state.nj.us/supreme_doc/njbarexams/

The Rule applies to any in-house attorney "practicing law" (broadly defined) in the State.  This applies to any in-house lawyer with an office in the state as well as any in-house attorney who practices law in New Jersey regardless of where their office is physically located (e.g., they work in the corporate offices in Delaware).  Thus, this Rule may apply to one of your non-New Jersey corporate colleagues who advices clients in New Jersey from time to time.  If you are a litigator practicing in New Jersey, then besides applying for the limited license, you are also required to apply pro hac vice for any court appearance.  

Newly hired in-house attorneys must apply for the limited license within sixty days of the date they commence employment.  In-house counsel with a limited license who change employers must also provide notice of the change to the Board of Bar Examiners.  Limited license attorneys are also subject to the State's mandatory CLE.    


Temporary attorneys (assigned through a staffing agency) need to have a plenary license to practice law in the State.  The NJ Supreme Court has specifically stated that the temporarily employed in-house counsel must hold a NJ plenary license and be in good standing at the New Jersey Bar.  The Court indicated that temporary employed in-house counsel are not eligible to practice under the limited license.  The same rule does not apply to part-time employees who hold a limited license: for example, employed in-house attorneys who switch from full-time to part-time for their employer may continue to practice under their limited license for the same employer.


Other states have passed similar registration or licensing requirements for in-house attorneys.  For information on other states' rules, see the research published at the Association of Corporate Counsel website:
www.acc.com.

 

 


Last Chance for NJCCA CLE Discount Package

Good until April 15th

NJCCA OFFERS TWO DISCOUNT CLE PROGRAM PACKAGES FOR MEMBERS FOR 2011

OPTION 1: Includes all four NJCCA major events (listed below), plus attendance at any NJCCA-sponsored CLE program throughout the year that is offered at a package rate of $399.

  • Spring Cocktail Reception in May 12, 2011
    Included: 2 CLE eligible courses immediately before the reception
    Registration fee: ~$85
  • Golf Tournament June 21, 2011
    Registration fee: ~$165
  • Annual Full Day Conference on September 23, 2011
    Earn up to 8 CLE eligible courses
    Registration fee: ~$150
  • Annual Dinner in November 17, 2011
    Included: 2 CLE eligible courses immediately before the reception/dinner
    Registration fee: ~$85

OPTION 2: Includes our three NJCCA major events with CLE programs (listed below), plus attendance at any NJCCA-sponsored CLE program throughout the year that is offered at a package rate of $250.

  • Spring Cocktail Reception in May 12, 2011
    Included: 2 CLE eligible courses immediately before the reception
    Registration fee: ~$85
  • Annual Full Day Conference on September 23, 2011
    Earn up to 8 CLE eligible courses
    Registration fee: ~$150
  • Annual Dinner in November 17, 2011
    Included: 2 CLE eligible courses immediately before the reception/dinner
    Registration fee: ~$85

For large law departments, if you buy 10 or more packages, you will be eligible for a further discount and will be recognized as a corporate sponsor at each event.

SIGN UP BY APRIL 15, 2011 TO TAKE ADVANTAGE OF THESE DISCOUNT PROGRAMS!

** Important information: These discount programs are limited only to members in good standing of ACC and the NJ Chapter (NJCCA). The CLE programs referred to herein only include NJCCA-sponsored CLE programs and not programs run jointly with other associations. Additionally, there are no refunds, if you cannot attend one of the major events. However, you can send a colleague in your place. Holders of either option packages must register online for each of the events.

To purchase your discount package online, use the following link:

   https://thriva.activenetwork.com/Reg4/Form.aspx?IDTD=2357763&RF=2409179&mode=0

If paying by check, please register online with Thriva (using the above hyperlink) and mail your payment with a copy of your Thriva registration receipt to: NJCCA, 15 Pierhead Drive, Barnegat, NJ 08005

 

 


Our New Members

NJCCA has passed the symbolic 1,200th member, here are some of our most recent new members. 


Members Notes

Short notes of interest to and about our members
Brief notes for and about members

 

Member Notes is our monthly vehicle for members to share professional and personal information with other members of the NJCCA.  If you have a new position, a new title, or have recieved a professional (or other) award, published a book or article, or have any other similar information you would like to share with the membership, please send a note directly to Giuliano Chicco, NJCCA Newletter Editor, at GChicco1@verizon.net.

 

Tell Us About Yourself!

NJCCA is seeking "Member Notes" for inclusion in our monthly Chapter Newsletter in 2011

Have you…

  • Been Promoted?
  • Switched Jobs?
  • Won an award?
  • Written an Article?

      … Or anything else you'd like to share with the 1,200 members of NJCCA?

Please tell us your exciting news and we will publish it in an upcoming Newsletter (space permitting).

Social Networking and the NJCCA

Earlier this year the NJCCA joined the world of online professional networking.  Because the success of online networking is predicated on building enough participation for ongoing conversations, we are very interested in asking you to join, participate and let us know if you see benefit in these activities.  We hope you agree with us that online professional networking is a new and compelling way for NJCCA members to discuss issues and solicit ideas inbetween NJCCA events and seminars.

If you are interested in joining our private group on LinkedIn, please contact NJCCA Board Member, Eugene Weitz via his LinkedIn site at http://www.linkedin.com/in/eugeneweitz or go directly to http://www.linkedin.com/groups?gid=1590257&trk=hb_side_g and request to join.  Currently, this 275 member group is private and limited to in-house counsel in New Jersey (and in-house counsel that qualify and are or may be interested in becoming members of the NJCCA).
 
In addition to maintaining a LinkedIn presence, we have also established an NJCCA group on Martindale-Hubbell Connected (which is affiliated with LexisNexis' subsidiary Martindale-Hubbell) one of the only online professional networking sites specifically for lawyers.  In addition to creating a general NJCCA Community, we have also created Communities for each working NJCCA Committee .  Go to http://www.martindale.com/connected and sign up (see below if you are not currently a member) and then search for the NJCCA Communities.  We have structured our group for privacy so you can decide who and how you are contacted by non-NJCCA members. 
 
If you have any questions or concerns prior to joining, feel free to contact Eugene Weitz at (908) 337-1491.

 

 

 


Upcoming NJCCA Events

Register today for these relevant and insightful events.

A complete listing of Upcoming NJCCA Chapter Events is available at http://njcca.acc.com

 

APRIL

THREE'S A CONVERSATION: Best Practices in Pro Bono
Date & Time:
 April 12, 2011,  9 to 11 AM
Description: Companies, Law Firms and Legal Services Organizations come together to improve the business of Pro Bono. Session Four: Looking Back and Looking Forward. Evaluating what we have accomplished, setting future goals. 

Location: Skadden Arps, Four Times Square, New York, NY, 10036
Sponsors: New York City Bar, Corporate Counsel Pro Bono Coordinators and Skadden Arps Slate  Meager & Flom LLP & Affiliates,  

RSVP: Diane Salzano 
Cost: Free

 

NJCCA’s LIFE SCIENCES COMMITTEE! INITIAL MEETING
Date & Time:
  Tuesday, April 12, 6:00pm
Description: Life Science Committee co-chairs Mike Prokop and Darlene Lapola look forward to hearing your ideas for 2011 events and CLE topics, and how the committee can best serve the needs of the life sciences legal community in New Jersey. We want to meet you... and have you join our new Life Science Committee.   So come and network with your colleagues and bring your ideas!   

Location: 3 West Restaurant, (665 Martinsville Road, Basking Ridge)
RSVP: NJCCA MEMBERS ONLY. Please RSVP to Gail Girard at njcca@comcast.net or (609) 312-7772. If you have any questions about the Life Sciences Committee, please contact Mike Prokop at maprokop@gmail.com
Cost: Free

 

ZILCH: THE POWER OF ZERO IN BUSINESS
Date & Time:
 April 27, 2011,  6:00 -8:30PM
Description: Nancy Lublin, author of "Zilch: The Power of Zero in Business," founder of Dress for Success and CEO of DoSomething.org, will present on how to get more done with less. Since August 2003, Nancy has led the effort at Do Something to award more grant money to young people who want to make a difference. She changed the organization from a debt-ridden, "old school" not-for-profit to a fast-moving internet company capturing the attention of a generation of do-ers.

Nancy prides herself on getting more bang for less buck and will share practical applications for doing more with less including using social media as a tool to affect change. 
Location: Park Avenue Club, 184 Park Avenue, Florham Park, NJ 07932
Sponsors: dosomething.org; Dress for Success; NJCCA; and STRIDES® (For more information about STRIDES®, including photos and transcripts of past events, please visit our website at www.stridesforwomen.com)  

RSVP: Registration is required. Attendance is by invitation only. Please e-mail events@lowenstein.com or call 973.422.2956 by April 13.  
Cost: Free
but please bring business suits and accessories to donate to Dress for Success. Since the clothing will be donated to women primarily for job interviews, items should be on hangers, in season, in style, in excellent condition and clean. Dresses, formal attire and sport casual cannot be accepted. Please visit Dress for Success  or e-mail events@lowenstein.com with any questions regarding items you would like to contribute.

 

MAY

SPRING COCKTAIL RECEPTION
Date & Time:
 Thursday, May 12th,  6 to 11 PM (5PM CLE Program)
Description: Our annual netwoking social event.  Come and mingle with your in-house peers, and enjoy live jazz and good food and drink.  . 

Location: The Grove, Cedar Grove
CLE:  2 CLE eligible courses immediately before the reception. 
Cost: $75 Members

ON THE HEAD AND IN THE HAND: HATS & PURSES
Date & Time:
 Thursday, May 19, 2011,  5:30 - 7:30PM
Description: Pozio's Women's Initiative Network and the Women's Networking Committee of NJCCA invite you to a cocktail reception, including a martini and choclate tasting, at the Morris Museum. The Morris Museum is showcasing a featured exhibit "On the Head and in the Hand: Hats & Purses." 
Location: Morris Museum, 6 Normandy Heights Road, Morristown, NJ (Directions)

SPONSORS:  Pozio's Women's Initiative Network and the Women's Networking Committee of NJCCA. 
Cost: TBD, Save the date, invitation and registration details to follow.

 

JUNE

ANNUAL GOLF OUTING
Date & Time:
 June 11
Description: Our Annual Golfing excursion, complete with awards, dinner and comradarie.  

Location: Knoll Country Club, Parsippany
Cost: $165 Members

 

SEPTEMBER

NINTH ANNUAL FULL-DAY CONFERENCE
Date & Time:
 September 23, 7:30AM to 5:30PM
Description: Our Annual CLE event, with multiple tracks of substantive information designed for the in-house counsel.  

Speakers & Program: TBA
Location: Hanover Marriott Hotel, Whippany
CLE: Up to 8 credits available for NJ, NY and PA
Cost: $150 Members

 

NOVEMBER

ANNUAL DINNER MEETING
Date & Time:
 November 17, 6:00PM to 11:00PM
Description: Our Annual Reception and Dinner.   

Speakers & Program: TBA
Location: Dolce Hotel, Basking Ridge
CLE: 2 CLE eligible courses immediately before the reception/dinner
Cost: $85 Members

 

 


OVERRULED! by Aronds

As far as we know, still the only Chapter Newsletter with its own in-house cartoonist! And now in color!