2024 FALL MEETING TAKEAWAYS

By: Carl J. Circo

The Fall Meeting featured and focused on construction design. While the program was packed with great information, material, and networking opportunities, here were my main highlights:

• Diversity & Inclusion Breakfast—Carla Swickerath (Studio Libeskind) spoke passionately about architectural responses to several tragedies, including the antisemitic murders at the Tree of Life Synagogue in Pittsburgh and the September 11th attack at the World Trade Center. The presentation demonstrated (quite literally) how design can be healing at a powerful symbolic level. It served as a reminder that the practice of architecture matters far beyond any of its legal aspects.
• Plenary1, "Design: Where it All Begins"—This session reinforced the importance of understanding the different perspectives of each project participant, beginning with the earliest stages of the design process, and reiterated that simply listening is every bit as important as demonstrating technical skills.
• Plenary 2, "Less than Perfection: Demystifying the Standard of Care for Design Professionals"—This session examined the important relationship between a design professional's contractual standard of care and professional liability insurance.
• Plenary 3, "Leave it to the Professionals: Why Construction Administration Services Should Not be Optional"--This  presentation focused upon the design professional's responsibilities for document review (e.g., submittals, change orders, requests for information) and the importance of the design professional's role in observing the work and assisting in the payment process, with claims and disputes, confirming and ruling upon substantial completion, and project closeout and final completion.
• Division 6 & 11 lunch program—This program offered practical information, tips, and best practices focused on using AI technology for compliance with wage-theft laws.
• Workshop A: "Best Practices for Negotiating Design Contracts"—This workshop provided practical tips and consideration relating to, among other design-specific issues, treatment and handling of IP licenses, and warranty, payment, and indemnification practices.
• Plenary 4, "Viewing the Design-Build Process and Contractual Concerns Through the Eyes of the Project Participants"—This session offered helpful insights regarding the ever-emerging project delivery method referred to as progressive design-build, dispute resolution, and the importance of the keystone construction project principle of maintaining collaborative relationships to successfully and productively manage design-build projects.
• Plenary 5, "The Impact of BIM on Design and Construction: Legal and Practical Perspectives"—This program covered the critical legal issue surrounding the movement toward designating a BIM document as a contract document. Beyond this, the session explored different levels of development in BIM models and the importance of a BIM execution plan.
• Plenary 6, "AI in Construction: Navigating Legal & Ethical Terrains"—This session reviewed relevant aspects of the ABA’s Model Rules of Professional Conduct and emphasized AI challenges with respect to privacy and confidentiality. The session also covered project-specific practical matters related to AI (e.g., the benefits of AI for project productivity and for managing schedule and budget).