Brian L. Hill

Last week marked the 20th anniversary of West Coast Casualty’s Construction Defect Seminar (WCCCDS). I was unable to attend, but by all accounts, the event was a mixture of both old and new. WCCCDS is the biggest conference dedicated to construction defect litigation and has become the de facto venue for debuting new products, services and even companies. This is the story of one such company – Construction Defect Professionals, Inc.

Two years ago, a curious press release caught my attention. A new startup company called LiMa Solutions put the entire construction legal industry on notice that it was high time that things change. A couple weeks later, I found myself at the Karl Strauss Brewery in Carlsbad learning about an innovative approach to construction defect litigation management that was about to debut in a few days time at WCCCDS. (You can read the interview here: Part 1, Part 2, Part 3, Part 4.) Since then, LiMa Solutions has captured the attention of the entire industry and is making significant progress towards its goals.

The Times They Are A-Changin’… Again

A little over a month ago, Sean told me that he was forming a new company. Intrigued, we agreed to meet to discuss in more detail. Over beers at BJ’s Restaurant in Carlsbad, Sean and Tom Spangler told me about the new company: Construction Defect Professionals, Inc. or cdP for short.

“Just when I thought I was out… they pull me back in.”

In my interview with LiMa Solutions, Ed made it clear that the company was focused on two primary services: litigation management (based on the value-engineered alternative dispute resolution process he developed) and neutral expert services. The firm would not be offering expert services on behalf of a particular side.

According to basic economics, value is based on the relationship between supply and demand. While demand is increasing for neutral expert services, there is still a need for experts to represent a specific party in a dispute. This void is precisely what cdP was created to fill.

Aren’t there too many construction defect “experts” already?

According to Sean, the answer is both Yes and No. On the one hand, there are a lot of expert firms, many of whom are cutting staff and struggling to survive dramatically decreased workloads. On the other hand, there are so many obvious inefficiencies in the technical aspects of construction defect expert work, that significant opportunity exists.

I found it interesting that both Sean and Tom are relative newcomers to construction defect litigation. In fact, both were still building real buildings in the 2000’s. Many of the prominent experts in the industry hung up their tool bags before the end of the last century.

“What you see is what you get”

These inefficiencies have been the topic of numerous panel discussions at various legal and insurance seminars and conferences over the years.

When cdP is engaged, you can be assured that the designated expert has been personally involved in every aspect of the case. That includes everything from on-site investigation, through the analysis and categorizing of data, through development of repair recommendations, through estimated cost of repair, appearing at mediations and ultimately testifying. Few firms that operate on a nationwide level can offer that level of personal service.

In addition to the hands-on, no-nonsense work of Sean and Tom, Ed Martinet will serve as a consultant to Construction Defect Professionals, Inc., lending his expertise as necessary.

Technology is about using the right tools for the right task

Sean has worked in construction for 10 years as a general contractor, and framer, while obtaining a contractor’s license and earning his bachelor’s degree in business administration. He has been a forensic consultant in construction for the last 8 years working with Ed Martinet, and as Vice President of LiMa Consulting before starting cdP.

I asked Sean what made him decide to leave active building to pursue the crazy world of construction defect litigation. He replied that it was an opportunity to blend his background in construction with his knack for technology. In that way, Sean and I have a lot in common – always looking for what’s next in technology to find the tools that will actually make a difference for our clients.

At this year’s WCCCDS, attendees that had a chance to meet with Sean and Tom, were treated to a neat little demonstration of the practical application of technology. Pictures taken on a digital camera were immediately transferred wirelessly to an iPad for tagging and sorting, before being uploaded automatically to a secure “cloud” server.

Here is how that process works at a typical, larger expert firm:

1. An inspector takes a picture with their camera on site
2. Back at the office, the photos are downloaded onto a computer
3. The photos are categorized and sorted based on location, and other factors, such as a reference to a particular defect allegation
4. Observations are tabulated in spreadsheet form or in a proprietary database
5. Field notes, photos and other evidence must be distributed via CD, DVD, or uploaded via some other means

Show me the money!

Since most expert firms bill by the hour, less work also means less revenue and ultimately, profit. How does cdP plan to stay in business by shortcutting the processes that are so commonplace?

Simple. Sean Kabo and Tom Spangler are just responding to what the insurance carriers and attorneys have been demanding for years.

The value proposition that Construction Defect Professionals, Inc. offers is this: Personalized, hands-on attention by qualified experts using appropriate and relevant technologies to achieve solid results in less time and therefore less cost.

Still, though, with a 75% overall reduction in construction defect cases predicted over the next several years, how will cdP differentiate themselves enough to steal away market share from well-established companies?

“Triple A W” (Acquire + Analyze + Answer = Win)

The tagline of Construction Defect Professionals, Inc. is Pioneering Forensic Advancement and the key to that is a process they call 3A=W and is outlined in more detail on their website under Services. In essence the following steps are involved:

1. Acquire – Data is acquired from on-site investigation and through other sources
2. Analyze – Evidence is processed and analyzed to form opinions
3. Answer – cdP responds in mediation, deposition, arbitration and/or trial
4. Win – The result is a win-win-win situation for counsel, carrier and party represented

Here is how Sean explains the advantages that cdP offers over the competition:

The CD market is always changing. We are a small company and can adapt to changes in the marketplace, as opposed to the larger, slow moving companies in the industry. We also bridge the gap from the “paper generation” to the “digital generation” giving us the competitive advantage. Combining knowledge, adaptability, and technology giving us a unique offering to this industry.

We utilize state of the art technology to organize documents, including drawings, contracts, and all other contract documents. We store the documents on secure servers and access them via “the cloud” making them available from anywhere in the world and provides us the ability to share them with our clients at a moments notice.

“Lightning fast” photo sorting, filtering, and search capabilities saving our clients time and money. Video conferencing via the internet making our process more efficient, less costly, and easier for our clients.

Reading the Tea Leaves…

As I was unable to attend this year’s WCCCDS, I asked Sean what three things he learned from the event that would shape the future of his new company.

1. Age – The construction defect industry is mature. The first generation of attorneys, carriers, mediators, judges, and experts is ready to retire, or has retired. The new generation is crawling out of the trenches, more tech savvy, and popping up from anywhere in the country. 7 of the first 10 people I talked to that were attending the seminar were from the central to East coast.

2. Women – They are in charge of a large market share of the industry. The introduction of the WCLA, a women lead organization will be a real “mover and shaker” in the near future.

3. Change – Everything changes. The law introduces new statutes, Insurance changes policies, and technology; from Esquire’s caricatures to the wireless devices in the ballrooms we answered our questions with.

From what I have witnessed, Sean’s observations are spot on. The industry is older, and more people are nearing retirement age. Additionally, long-held gender (not to mention sexual orientation) discrimination is being replaced by a healthy dose of reality. And no matter where you turn, change is occurring throughout construction defect litigation circles as well as in the larger construction, insurance and legal communities.

Conclusion

It will be interesting to see how Construction Defect Professionals, Inc. is received in the marketplace. Competition is fierce among expert firms in this industry. Not to mention, that the decrease in workload across the board has resulted in dire situations for many.

At VE-ADR 2012 in Key West, West Coast Casualty’s own Dave Stern said something that I still find to be true:

This is the biggest “people business” outside of retail.

Construction defect litigation is definitely personality-driven, and many of those dominant personalities are extremely resistant to change. The big expert firms that have come to dominate the industry continue to get work out of habit, and by rote. However, carriers, attorneys, mediators, judges, arbitrators and other decision makers are seeking ways to improve the dispute resolution process. Expert firms that refuse to adapt, will eventually cease to be relevant.

The experts that are agile – and thus able to respond to changing demand – will survive.

For more information about Construction Defect Professionals, Inc. please visit their website at DefectPro.com.

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After tearing down AECforensics.com to the bare studs and rebuilding the site by hand, I am proud to announce the beginning of a new chapter. Beginning July 1st, each month we will explore the trends impacting quality and risk management in the built environment. With an impressive panel of guest columnists, this free digital magazine will be delivered to your inbox in PDF format.

When I started AECforensics.com several years ago, blogging wasn’t as mainstream as it is now. The easiest way for me to describe the site to other people in the industry was to call it a digital magazine. That concept still seems to resonate with a lot of people.

Although most people are more comfortable with what a blog is, particularly in the legal community, the challenge is to stay on top of what’s going on, without getting overwhelmed. A monthly digital magazine seems to me to be a better fit for both the content and for my readers.

What’s Changed?

For one thing, the site’s layout and design has changed dramatically. I am using what’s known as responsive design principles to ensure that everything is optimized based on the device it is viewed on. So if you visit AECforensics.com on a mobile phone or a tablet, you’ll have no trouble viewing the content. Also, the focus for this re-design is on legibility and accessibility.

Another change is that instead of publishing content daily, content will be added in bits and pieces. News items will be published to the site and announced by email each week. Featured articles by guest columnists will appear in the magazine first, and will then trickle in during the following month.

So to remain up to date with what is happening in the industry, you’ll want to subscribe.

Also, you’ll notice that on the homepage and in the footer (if not using a mobile device), there is a new “Content Guide” (pictured above). The content guide provides quick links view articles in a given category, beginning with the most recent ones first. The categories:

• Building Science
• Construction Law & Risk
• Business Development
• Technology & Innovation

Guest Columnists Wanted!

I am currently lining up a roster of guest columnists that includes some of the leading professionals in construction, law and insurance. If you would like to contribute your insight to the community, consider this your engraved invitation.

In order to publish by the first of the month, I’ll need your article by the 15th. I’m not looking for the next Great American Novel – think conversational tone, and around 500 to 1,500 words. Contact me if you are interested or have any questions.

My goal is to publish the first issue on July 1st.

Let’s Do This!

I’m excited. The industry we are in is changing daily, and staying informed is more important than ever. To paraphrase Gary V:

You, with a little bit of me, are going to change the construction industry – whether they like it, or not!

Image courtesy Seattle Municipal Archives

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If you aren’t doing anything on Wenesday, 10 April 2013, and you’ll be in the San Diego area, I invite you to join me for lunch. I have been invited to present at the next Lunch+LEED seminar, hosted by my friends at the San Diego Green Building Council.

You may recall that last September I gave a talk at the Retail Design & Construction Conference in Atlanta, GA. This week I will be giving a talk called, Quality Assurance vs. Quality Control - How to deliver projects that are truly sustainable. The presentation has been awarded continuing education credits by both the AIA and the GBCI.

Event Details

When: 10 Apr 2013, 11:30 AM – 12:59 PM
Location: Design Institute of San Diego (DISD), 8555 Commerce Ave, Bldg 4, Rm 402, San Diego, CA 92121 (map here)
Cost: $10 for SDGBC members, $15 for non-members (includes light lunch)
To register: Visit the SDGBC page for this event

A Bigger, Bolder AEC Quality .com

In preparation for the event, I have significantly updated the associated website AEC Quality .com. If you have a moment to check it out, please let me know what you think.

Also, be sure to get your free copy of the eBook, Quality Assurance vs. Quality Control, once it is available.

Thanks again for your continued support and I hope to see you on Wednesday.

The post Quality Assurance vs. Quality Control – An SDGBC Lunch+LEED Event appeared first on AECforensics.com.

A few recent news stories, primarily out of Silicon Valley, highlight the growing trend among technology companies to embrace cutting edge green building practices. The rapid growth of companies such as Google, Apple, Facebook and Microsoft also means some growing pains for facilities managers.

Google

The search and advertising behemoth is awaiting environmental review for plans to build a new campus in the Mountain View area, where the company is currently located. The new project will incorporate vast expanses of landscaped roofs, as well as a blackwater recycling system. While expensive, blackwater recycling will transform all waste water (including sewage) into a readily available source of landscape irrigation water, or at least clean it enough for dumping into San Fransisco Bay.

Unfortunately, until the new campus is operational, Google’s facilities team has other, more pressing concerns. According to SFGate:

For at least two months, Google employees were exposed to excessive levels of a hazardous chemical after workers disabled a critical part of the ventilation system at the company’s new satellite campus on a Superfund toxic waste site, records show.

From mid-November to mid-January, levels of trichloroethylene, or TCE, exceeded concentrations considered safe by the federal Environmental Protection Agency at a Google office complex in Mountain View, according to a detailed report to the EPA obtained by the Center for Investigative Reporting. The buildings sit on a Superfund site 3 miles from the company’s headquarters.

Apple

Prior to his passing, Steve Jobs commissioned Norman Foster’s design team to create a truly unique design for its new campus. Affectionately referred to as the “spaceship,” the project takes the form of a large circular ring. The Cupertino landmark is slated to rely on a combination of solar and fuel cell technology to achieve net zero energy usage. Apple’s campus will also include the planting of over 6,000 trees on the 176-acre property.

Facebook

As the world’s leading living architect in terms of brand name recognition, Frank Gehry enjoys a fair amount of creative freedom when working with clients. Unless that client is Facebook. According to Wired, Facebook CEO Mark Zuckerburg “rejected aggressive flourishes, like building ends that flared like butterfly wings.”

Image courtesy Menlo Park Community Development Department

While some of the design elements have been scaled back, the sustainable design components have not. Like Google, Facebook plans to make extensive use of landscaped roofing. Unlike most green roofs, Facebook’s will include full-grown trees, requiring up to 4-feet of soil. Hopefully the new green roof performs better than other large green roof installations…

Microsoft

While certainly not the darling of the tech industry it once was, Microsoft continues to dominate the marketplace. One problem that corporate facilities management must regularly contend with is balancing supply and demand with regards to office space. An innovative practice that Microsoft adopted long ago is to charge rent to vendors that are working on campus on Microsoft projects. According to GeekWire, Microsoft is netting $25M annually from the practice.

Source: Business Week

Images courtesy Gehry Partners LLP via Menlo Park Community Development Department

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Note: See update below…

There are some constants in life, beyond death and taxes. For example, every time a claim of defective manufacturing/construction is made, that claim will be disputed by those responsible. That is especially true when the claimant is a a U.S. Senator and the alleged defects involve a nuclear power plant:

On Wednesday, Sen. Barbara Boxer pressed federal regulators to open an investigation at the plant after uncovering documents that she said suggest that Southern California Edison took engineering shortcuts and compromised safety.

The Democratic senator said in a letter to Nuclear Regulatory Commission Chair Allison Macfarlane that a confidential report obtained by her office shows Edison and Mitsubishi Heavy Industries, the Japan-based company that built the plant’s steam generators, were aware of design problems before the equipment was installed in 2009 and 2010.

But Edison said in a statement “it is simply not accurate” to suggest the company was aware of design problems, and pointed out the equipment carried a 20-year warranty against defects.

Via CBS 8

The nature of the claim appears to be that substantial modifications were made to components without proper approval/review by the relevant authorities. The nuclear power plant’s operations were halted in January 2012 after discovery of a radiation leak. The subsequent investigation revealed premature corrosion at 15,000 locations in the reactor. Operators of the plant would like to resume operations, but various concerned citizens object to that plan based on perceived safety violations. According to Kendra Ulrich, an activist with Friends of the Earth:

“This amounts to the willful endangerment of the lives and livelihoods of millions of people in Southern California,” Ulrich said. “Given the massive safety and corporate malfeasance implications, we are calling for the immediate release of this document in its entirety.”

Via San Diego 6 News

Update: The Nuclear Regulatory Commission responded to Boxer’s inquiry with the following statement:

“On September 28, 2012, the NRC’s Office of Investigations initiated an expansive investigation of the completeness and accuracy of information that Southern California Edison provided to the NRC regarding the steam generators at SONGS,” MacFarlane wrote. “This NRC investigation is ongoing, and includes examination of the MHI report along with other evidence.”

Via San Diego 6

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Security researchers from Cylance have identified a serious flaw in the internet-enabled Honeywell Tridium Niagara AX line of building automation products. The researchers demonstrated how hackers could gain root-level access to the control system in less than 25 seconds. The Tridium product line provides control over crucial building systems such as security, mechanical, electrical, and plumbing.

Dan Goodin, writing for Ars Technica reports:

Taking advantage of the flaw would give attackers half a world away the same control on-site engineers have over connected systems. Extortionists, disgruntled or unstable employees, or even terrorists could potentially exploit vulnerabilities that allow them to bring about catastrophic effects, such as causing a large heating system to explode or catch fire or sabotaging large chillers used by hospitals and other facilities. Attackers could also exploit the bug to gain a toehold into networks, which could then be further penetrated using additional vulnerabilities that may be present.

Luckily, the researchers have been working with Honeywell to patch the flaws, according to Wired:

A Tridium spokesman said the researchers notified the company about the vulnerability last December and has been working on a patch to fix the vulnerability, which they expect to release this month.

“We will be issuing a security patch that resolves the problem by Feb. 13 and are alerting our user community about this today,” spokesman Mark Hamel said in a statement. “The vast majority of Niagara AX systems are behind firewalls and VPNs — as we recommend — but clearly, as Rios and McCorkle have shown, there are many systems potentially at risk.”

Not An Isolated Occurrence

Most disconcerting, is that this is just the latest “proof of concept” vulnerability reported relating to building automation and industrial control systems. Goodin writes:

A raft of other ICS devices have been found to contain similar critical defects, including those from Siemens-owned Ruggedcom and another line of mission-critical routers made by a Fremont, California-based GarrettCom…

Security experts have long argued that the convenience often comes at the price of security, and there are some disturbing examples of the risks from the last couple of years. In 2009, a recently discharged security guard who had physical access to ICS computers was arrested after posting screen shots and videos showing him planning to remotely cripple air-conditioning systems at a Texas hospital, where temperatures regularly reach into the triple digits. Last year, hackers illegally accessed the Internet-connected heating and air-conditioning controls of a New Jersey-based company. The vulnerability the intruders exploited was the same one Tridium patched in secret last year.

Via Ars Technica and Wired

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The 2013 California Building Standards Code has been adopted by the state’s Building Standards Commission (BSC) and will go into effect on January 1, 2014. The code will be available for purchase beginning July 1, 2013. Hopefully the good people at Public.Resource.Org will gain access to the new codes and provide them for free at their website shortly thereafter. (For more background see this informative article.)

Every three years, the BSC reviews, develops and adopts state building safety codes based on the input of a variety of government and private sector entities. Typically, the BSC modifies the building codes developed by the International Code Council (ICC) to meet California requirements.

Two notable ways in which the California Building Code (CBC) differs from the ICC’s codes relate to accessibility requirements, and energy efficiency. For the 2013 code, the BSC resolved the accessibility discrepancies by incorporating the 2010 Americans with Disabilities Act (ADA). That, in addition to recently enacted legislation, should go a long ways towards eliminating frivolous “drive-by” accessibility lawsuits. According to Architect Magazine:

“They would send letters saying, ‘if you give me $4,000, I won’t proceed with litigation,’” says Raymer. “And a whole lot of people were just paying that, especially small- or medium-sized businesses. We estimated it would cost $22,000 to $25,000 to fight this in court, and that was if you won.”

Last fall, Gov. Jerry Brown signed a bill (SB 1186) into law that reduced California businesses’ exposure to such lawsuits. Since then, such complaints have required, among other things, detail on what part of the state or federal code was being violated.

In addition to the accessibility requirements, the new code also adds more stringent energy efficiency measures to CALGreen:

Thanks to regulations adopted in 2012 by the California Energy Commission and now included in the state code, builders will need to use highly efficient windows with a solar-heat-gain coefficient of .25 and U-value of .32; insulation with values of R-19 to R-21 in much of the state, and HVAC systems with a SEER rating of 14. Ductwork must be tested and allow no more than 6% air leakage. California wants all new homes to be zero-net energy by 2020.

Via Architect Magazine

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Update – Both the site, Zillow Digs and Griffith’s article are now live.

PandoDaily’s Erin Griffith just spilled the beans on an as-of-yet unannounced new service offering by Web 2.0 real estate giant, Zillow.com. “Zillow Digs” will function as both a web app and iPad app that will showcase various types of renovations sorted/filtered by material, style and price.

Here’s more:

Similar to the way Zillow provides valuation data for homes and properties, Zillow Digs uses an algorithm to determine the price of home renovations in bathrooms and kitchens. The site’s estimates take things like size, materials, finish, materials, and regional labor into account and break them down in specific charts so it’s not just a large, arbitrary number.

Via PandoDaily

In the early days of Zillow, the site was hated by real estate professionals because in the past, only real estate agents had access to real estate listings. Over time, however, Zillow has been moderately successful in repairing that damaged relationship by offering tools to real estate professionals for boosting business. In 2012, the majority of the company’s revenue came from its real estate agent subscription options.

Similarly, according to Griffith, Zillow will offer the new Digs service for free. In time, Zillow will offer premium services to home remodeling professionals such has enhanced listings and other promotional services.

Once live, the new service should be available here: Zillow Digs.

The post After conquering real estate listings, Zillow aims for home improvement market with “Zillow Digs” appeared first on AECforensics.com.

A giant sinkhole swallowed two buildings whole – and it was caught on video:

Luckily, reports indicate that nobody was harmed. The collapse took place on Monday in Guangzhou, China as construction workers were digging an underground railway tunnel. Narrowly escaping disaster, the workers sounded an alarm and nearly 300 people were successfully evacuated from the surrounding area.…

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As most professionals in the A/E/C industry know, while the LEED rating system promoted by the USGBC is the most famous, it isn’t the only third-party green building standard. Due for a major revision in 2012, adoption of the next version of LEED has been postponed while some controversial aspects can be resolved.

In the meantime, the National Association of Home Builders (NAHB) was successful in a 2012 revision to its green building standard for residential construction: the ICC 700 National Green Building Standard. As a bonus, the consensus-based standard has been approved by the American National Standards Institute (ANSI).

“The introduction of the 2012 National Green Building Standard is a huge deal for our industry,” said NAHB Chairman Barry Rutenberg, a home builder from Gainesville, Fla. “Not only does the updated version raise the bar on energy efficiency requirements, but it also completely revolutionizes how renovations and remodeling projects are treated under the standard. The 2012 updates make the standard easier to understand and implement, and we expect that this will certainly help to build upon the momentum we are already seeing in green building across the residential building industry.”

To date, the standard has been widely implemented throughout the industry. The NAHB Research Center, which serves as the secretariat of the standard as it progresses through ANSI, has certified the compliance of thousands of dwelling units and developed lots to the ICC 700. Dozens of regional and local green initiatives refer to the standard within their program criteria. The International Green Construction Code (IgCC) requires compliance with the ICC 700 if a jurisdiction chooses to regulate residential buildings four stories or less in height, except that Group R-1 residential occupancies of all heights are always required to comply with the IgCC.

Via ICC eNews and Green Building Advisor

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I’ve had the opportunity to see the Las Vegas strip from vantage points that most people aren’t afforded — rooftops in surrounding residential developments. The view is much different from what you see walking the sidewalks of Las Vegas Boulevard (plus you don’t have to keep turning down offers for paid companionship). The SkyVue project, once complete, will offer tourists an amazing view from the comfort of its giant observation wheel.

For backers in the project, an important hurdle was just overcome: the release of liens against the project:

One of two observation wheel projects being built in Las Vegas, SkyVue has shed its liens but still faces delays. The project’s centerpiece will be 500-ft-high and afford views of the Las Vegas Strip.

The legal situation cleared up somewhat January 25th. A Clark County District Court posted that the $5.4 million in mechanics liens against the project had been released.

According to a statement by SkyVue, the project was “required by the title company to go through this process to be able to ensure first priority for our construction loan,” and it now has no outstanding construction debt or liens.

Via ENR

I would like to point out that the easiest way for contractors to manage liens and ensure prompt payment is to utilize the services of my friends at Zlien.

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Dutch architect Janjaap Ruijssenaars has an ambitious plan for a new home on the coast of Ireland. Using a so-called 3D printer, the architect will pre-fabricate the Möbius strip concrete shell in 6 by 9 meter segments.

While many are reporting that this will be the first building from a 3D printer, only the forms for the concrete shell will come from the 3D printer. According 3ders.org:

Ruijssenaars plans to print every piece in size of 6 x 9 meters using a massive 3D printer called D-Shape. Designed by Italian inventor Enrico Dini, the D-Shape is potentially capable of printing a two story building using thin layers of sand and an inorganic binder to build up its constructions. Will the result be strong enough?

Ruijssenaars says Dini has suggested to print out the form only. And this “contours” of the house will be then filled with fiber reinforced concrete to get the desired strength.

In my mind, this reignites an ongoing debate within the industry: Will pre-fabrication (through various methods) prevent and/or eliminate construction defects? My answer is no. Many building components are already pre-fabricated, and while manufactured building products typically exhibit low rates of defects, those components still require proper assembly.

Here is a video from Ruijssenaars’ firm Universe Architecture showcasing the house’s design:

Via 3ders.org and Slashdot

Update: Irish insurance firm CRL indicates that a home like this would likely be required to carry structural insurance, as the 3D Printing is no guarantee of defect-free construction.

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Earlier this month, I suffered a fairly serious heart attack. My blood pressure and cholesterol are good, and there is no evidence of disease or damage. With more exercise, better eating and a handful of pills each day, my prognosis is excellent. Throughout the ordeal, I couldn’t help but draw comparisons between the diagnostic evaluations by the medical professionals and a typical construction defect investigation.

I wrote about my heart attack in more depth over at my personal blog. Please read that article first if you’re interested.

The scientific method is the same regardless of discipline. You start with a reasonable hypothesis and then conduct experiments or evaluate various conditions seeking to eliminate as many variables as possible. Results are measured, assumptions realigned and modified, and then more testing is done to further isolate variables and to arrive at some reasonable conclusions.

That is the approach that my colleagues and I use for evaluating building performance, and it is the same approach that doctors use when treating patients. (At least that is the ideal…)

Below are some of the ways that my heart attack is like a construction defect investigation:

1. Begin with the most likely causes in mind. When we see a stain next to a window corner, it most likely is caused by a defect or damage in the window itself, rather than the adjacent flashing materials. Chest pain and extreme sweating were a good indication that I was experiencing some sort of trauma involving my heart.
2. Deal with issues in order of decreasing magnitude/impact. Sometimes property owners will want to make sure that we notice that the screws in their light switch covers aligned perfectly, interrupting our investigation of missing firestopping. When I arrived in the ER, my tonsils were really swollen due to a nasty Strep infection; the potential life-threatening blockage in one of my coronary arteries took precedence.
3. Analyze risks versus benefits when considering more invasive procedures. The only way to know for sure what is causing a certain symptom is to disassemble the various components. If we were to perform intrusive testing at every building assembly, the cost would far exceed the original cost of construction. In my case, I’m grateful the doctors decided to limit their intrusive testing.
4. No two experts will ever agree with one another. Sometimes they disagree with themselves. Hearing one cardiologist slam the opinion of a cardiologist from another hospital reminded me of sitting in a mediation with a bunch of experts. Also true: The more letters an expert has after their name, the less open they are to considering alternative viewpoints.
5. The best diagnosis puts detailed observations into context. There are two approaches to investigations: Deductive reasoning and inductive reasoning. Know the difference.
6. The expert’s role should not include advocacy. Some experts feel that “the customer is always right,” and therefore become advocates for the parties they represent. That is called bias, and it has no place in the scientific method. As a patient, I had to (and must continue to) be my own advocate. I have my own theories as to what might have happened, but thankfully, my doctors are forming their own opinions based on evidence.
7. The insurance company’s obligation is to its shareholders first. Make no mistake.
8. Ongoing maintenance is really important. Have you ever seen any of those TV shows about hoarders? I’ve seen it in real life. It is amazing how quickly a little neglect can cause long-term and very costly damage to a building. The human body is the same way. I’m eating better, exercising more, taking my medicine and working on ways to reduce stress.

This experience has been both enlightening and terrifying. If you wondered why there hasn’t been many posts lately, now you know.

About the picture: That is the small bottle of nitroglycerin tablets that I must carry with me at all times in case I start having chest pains.

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This is a guest post from Scott Wolfe Jr, the founder and CEO of Zlien.  Zlien offers turn key mechanics lien and bond claim compliance solutions for the construction industry, consisting of compliance and deadline tracking, preliminary notice services, bond and lien claim filings, and claim collections.  Scott is a licensed construction attorney in six states.

I’ve written about mechanics lien laws and filing requirements for over five years on the Lien Blog, and dedicated a substantial amount of space there to specifically report on law changes across the nation. Whenever a case impacts a state’s mechanics lien statutes, or whenever the statute itself is changed legislatively, I report on the change under a designed “Lien Law Alerts” category.

Across the country, there is a mechanics lien case or legislative change just about every week, and so you can imagine the volume of cases and bills we’ve poured over through the years. The question I address in this article is whether a reflection on all of this analysis points to a single trend or overarching theme about mechanics lien laws that can be applied across the nation.

As the article’s title suggests, the answer here is a resounding no.

Why Aren’t The Fragmented Mechanics Lien Laws Harmonized?

But why so?  Why isn’t there a single national trend for mechanics lien laws, or an overarching theme that carries over from state-to-state or region-to-region?

As we’ll explore in the next section of this article, states have differing perspectives on the purpose of their mechanics lien laws. This is peculiar since these laws promulgated across the country from a single source (Thomas Jefferson’s first mechanics lien bill introduced in Maryland). The idea behind that law was to protect material men and laborers to encourage sound credit markets. The mechanics lien laws, therefore, had the primary purpose of protecting those in the construction industry furnishing to projects.

Over two centuries of legislation, however, the laws have become enormously complex. The National Conference of Commissioners on Uniform State Laws tried to remedy the problem in 1987 by drafting a Uniform Construction Lien Act, but the movement did not catch on and each state was left with its own set of rules.

It was inevitable that each state’s laws would take a life of their own, and that is exactly what happened. The result is a fragmented system so disjointed it’s hard to imagine an agreement on any common ground to harmonize the rules.

The National (Confusing) Battle Between Liberal And Strict Construction Of Mechanics Lien Laws

That brings us to the nitty-gritty. After reviewing hundreds of cases and legislative changes, is there absolutely any common thread or trend?

Unfortunately, if there is anything shared by the states in the way of mechanics lien laws, it is that they do not share anything at all.  Each state’s rules are substantially different from one another.

This is true even when they are clearly modeled after one another. Such is the case with California’s mechanics lien laws, which serve as a model for the rules in Arizona and the Guam territory. While the framework is similar, there are clear distinctions between the states in the statutory requirements and the jurisprudential treatment of the laws.

One key component to any review of a mechanics lien law dispute is whether the law must be strictly construed against the claimant or liberally construed in favor of the claimant. Determining which type of construction applies sometimes traces back to the purpose of the laws themselves, which as mentioned in the above-section, seems silly since the only purpose of these laws is to protect the furnishing party.

States are beginning to line up in the “strict” or “liberal” construction camp. On the Lien Blog we’ve tracked this through the “Strict v. Liberal Construction” tag.

If there is any type of national trend going on in the mechanics lien law world it isn’t a magnetism towards any single theory or rule, but maybe a sudden magnetism towards this “strict v. liberal construction” argument.

For whatever reason, there appear to be a lot of state supreme courts re-examining its case law (sometimes going back 50 or 75 years) and clarifying the type of construction afforded mechanics lien law claims. This recently happened in Pennsylvania and Washington, where in both states the lower courts had gotten into a groove of affording the claims “strict construction,” when the law should have required liberal construction.

Whether a court utilizes strict or liberal construction of the lien laws can make a big difference, as we’ve seen in 2012 when the Idaho Supreme Court and the California Supreme Court analyzed an identical issue but reached opposite results.

A survey of mechanics lien law cases will leave you scratching your head.  Sometimes, states disagree within itself. They nearly universally disagree with neighboring states. And, unfortunately, there seems to be no rhyme, reason or trend when you look at it from a bird’s eye view.

The lesson here is to be careful with mechanics lien compliance. While it is tempting, you shouldn’t ignore the mechanics lien remedy because of its complexity. Instead, you should partner with a provider who can help you navigate the rough waters, as mechanics lien security is the gold standard of credit protection in the construction industry.

Thanks again to Scott for writing this post. Mechanics liens and the laws that govern them can be very complex. Yet they remain a very crucial element in the design and construction of the built environment. I’m grateful for Scott’s wonderful introduction to both the diversity and relevance of lien laws. Scott and I welcome your comments below.

Image courtesy Bex Roxx

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This is a guest post from Mike Collignon, Executive Director and Co-Founder, Green Builder Coalition. As Executive Director and Co-Founder of the Green Builder® Coalition, Mike engages in national and state-level advocacy, co-produces quarterly research reports, and publishes both a bi-monthly e-newsletter and a monthly feature in Green Builder® Magazine. This article was originally published at Construction Law Musings.

As we start to see signs of a housing recovery, slow as it may be, I feel the industry is in a great position. All the effort put in by so many to improve our energy codes, green building programs & rating systems will finally be able to bear fruit. We can start to build homes that are much more environmentally responsible. Sure, we can have a lengthy debate about implementation and adoption rates, but you’ve got to walk before you can run. Unfortunately, I can see that progress getting shackled by an unexpected impediment: the architectural review committee (ARC; sometimes called “architectural committee” or “architectural control authority”) and the covenants of a homeowners’ association.

When things were going gangbusters in the early to mid-2000s, builders couldn’t buy land/build homes fast enough. But when the bubble burst, a lot of developments were left incomplete. Lots have sat in waiting for years. We’re starting to see activity on some of those lots, but a neighborhood covenant that is sadly outdated awaits those projects. Yes, it might only be a 10 year-old document, but think about the monumental shift in required energy performance, or the increased interest in sustainable building practices, or the proliferation of product choices since 2002.

One of the main reasons for an ARC’s existence is “policing” architectural integrity/consistency. It’s a bit of hyperbole, but it helps prevent someone from constructing a sheet metal shack in a neighborhood of mid-level homes. Where it gets tricky is when a homeowner wants to use a material of equal or better quality, but because said material is not one explicitly specified in the covenants, the ARC deems it unacceptable.

For instance, metal roofs can utilize recycled content and have a much longer lifespan than asphalt shingles. An executive from a rainwater catchment manufacturer recently said, “A metal roof… is ideal for collecting rainwater. The slicker the surface, the better since the less contaminants will stick to it.” However, some ARCs will not allow metal roofs. They make their decision based solely on aesthetic reasons, and not on the merits of the upgraded roof.

Same goes for log homes, though log home manufacturers are sorely familiar with such restrictions. I have seen neighborhood covenants explicitly banning log homes. Rather than allow an above-code home to be built, some developments would rather keep the standard of construction down in order to, in some people’s eyes, keep the neighborhood more aesthetically pleasing. As energy efficiency becomes more and more valued, either voluntarily or through formal programs like those proposed in the SAVE Act, the rationale behind these clauses will become even more asinine.

Another example of covenants not being able to adapt to the changing times is the topic of gardens. Some covenants will not allow the homeowner to have a garden. Others allow a very small one, and then only if it’s hidden from public view, as if it’s something shameful and hideous. I’m not suggesting anyone and everyone be allowed to plant small production crops in their yards (though urban farming is a movement having much success in the Detroit metro area). But why treat the growing of one’s own food with such disdain?

The ARCs consist of a handful of the respective neighborhood’s residents. Often, there is no requirement to have a background in the building industry. In fact, I recently asked a second-generation builder with 40 years of experience if he had ever encountered an ARC with any level of building industry experience. He quickly answered, “No.” That means you could have a caterer, or a school teacher, or a shoe salesman making decisions that influence (or even change) someone else’s six-figure investment. Does anyone else find this absurd?

Do these committees have any real legal authority, or are their actions merely recommendations? To find out, I asked two attorneys whose focus is real estate and/or construction. Neal Wallace, a real estate attorney from Illinois, explained there are two facets to the question:

When it comes to an association committee enforcing subdivision covenants, there are both legal and practical considerations. From a legal standpoint, generally if 1) the covenants are properly recorded, 2) the deeds are made subject to existing covenants, 3) the issue in question is specifically addressed in the covenants, and 4) the covenant does not violate public policy, then the association can enforce those covenants in court. If the covenants do not specifically address the issue, but address a related issue, then the court would need to interpret the covenants to determine if the issue is governed by the recorded document.

As a practical matter, judges have little patience for petty issues. So if the association is going to take up court time and resources, it would be wise to make sure this is truly a battle worth fighting. In most circumstances, an interpretative slant in favor or against one party can have a major impact on the outcome. You can “prove” a technical point and still lose, particularly if the judge can be confident that no one would bother to appeal. Furthermore, an association would need to be represented by counsel, incur court costs, obtain the necessary votes (unless the developer is still in charge), etc.

Virginia construction attorney Christopher Hill added, “Given the general enforceability of ARC actions pursuant to neighborhood restrictive covenants, we should be moving toward amending the basic neighborhood covenants to allow for more sustainable building techniques, particularly in light of the more and more aesthetically pleasing “green” materials that exist today.”

Thankfully, some states have passed laws that protect the homeowners’ rights to generate their own solar and wind power, meaning HOAs have little to no governance over private renewable energy sources. Common sense has prevailed in certain areas of the country.

But what happens to those who want to utilize certain sustainable products or techniques, but are prevented from doing so? After all, Merriam-Webster defines neighborhood as “a: the people living near one another; b: a section lived in by neighbors and usually having distinguishing characteristics”. Families are faced with making a choice between doing the right thing for the environment or their family. If they want to build their environmentally-friendly dream home, their choices include finding an infill lot in an older neighborhood that no longer has an ARC, or building on land not in a neighborhood (usually in a rural setting), contributing to urban sprawl while, in essence, treating them as outcasts. If they choose an available lot in an existing neighborhood, perhaps to be closer to their family or friends, then they have to compromise their desire for a responsible structure in order to conform to a narrow aesthetic expectation. It’s an unfair choice, and one that homeowners shouldn’t be forced to make.

Thanks again to Mike for this guest post. Please be sure to leave a comment below.

Image courtesy Rob Young

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This is a special guest post from Kathi Frelk, Marketing Coordinator at Anderson Lock – “a total door opening supplier with an emphasis on doors, frames and electronic access controls.” I’ll admit I hadn’t known much about the company before they contacted me. Anderson Lock has been a family-owned business since 1960, with locations in Des Plaines and Schaumburg, Illinois. Two things that immediately set them apart in my opinion: the fact that Anderson Lock is a certified Women’s Business Enterprise (rare in this industry), and the company’s rigorous quality standards, as you’ll read about below.

If we haven’t tested it, we don’t sell it.

For access control products, that foundational company philosophy is increasingly difficult to adhere to. New electronic security products are being introduced to the commercial / institutional marketplace with futuristic features that can’t even be seen or touched! IP (Internet Protocol) Networks are rapidly replacing hard-wired systems. IP and RF (Radio Frequency) are both wireless, but they don’t always work together. And, taking away wires is only one facet of multi-faceted electronic security products. New system configurations require new locking hardware. And each new device needs to be tested before we specify or install it.

Since 1960, Anderson Lock has earned respect from door hardware industry leaders by consistently providing quality products and services. Because we install the products we sell, some readjusting occurs on jobsites, when a customer calls with a problem. We’ve provided beta testing for many kinds of door hardware, giving valuable feedback to manufacturers.

An ever-changing variety of electronic door hardware products are installed on multiple doors on the Electronics Lab within our main office. Additional security products are installed inside the glass-walled lab, which is used for product testing as well as for training for both our lock technicians and our customers.

Anderson Lock spends at least two weeks testing each new product. “We run them through the courses,” says Jeff Parcell, our Access Control Manager, who thoroughly inspects each new device with forensic precision. He reads through all the product literature before taking it into Anderson Lock’s Electronics Lab, where he and his colleague, Jeff Asta, hook it up to other system components.

Keypads, key fobs, card readers, biometrics and pushbutton transmitters are all tested with locking devices. Ease of operation and installation are important considerations when deciding which products Anderson Lock will specify. Confirming product claims is an essential element of the testing process.

One product claim that didn’t “check out” in the real world “built environment” was for a networked access control lock that came with a claim for being able to work up to two hundred feet away from the control box. It worked if the distance was completely unobstructed, like in an open hallway. However, most of the existing hospitals and schools that would be interested in that particular lock would not have enough unobstructed “pathways” to make the product cost-efficient.

And cost is a key consideration for institutional, commercial and industrial customers. They expect high quality, heavy-duty, reliable security hardware, at a price that fits into their budget. They don’t seek fancy as much as functional.

When our experienced hardware sales representatives “troubleshoot” on the phones for products we’ve sold, they observe that the “problems” are frequently caused by “not following installation instructions” carefully. Electronic products require more attention during installation than traditional mechanical locks. Wires need to be carefully handled, and must not be pinched, cut or improperly connected.

Product testing is hands on. It is thorough. It is as objective as possible. We try to prevent “call-backs” …unless it is from a satisfied customer calling us back to do additional work!

Thanks again to Kathi Frelk and the Anderson Lock team for this great guest post. We welcome your comments below.

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In July 2012, I attended LiMa Solutions’ Value-Engineered Alternative Dispute Resolution conference in beautiful Key West, FL. The goal of the conference: How to improve the construction defect dispute resolution process. Here is an overview of my observations at the conference. After the conference, I spent hours transcribing my notes into a spreadsheet, categorizing the notes based on who might benefit most from the information. The first article I wrote was directed at construction defect plaintiff attorneys. This article is directed towards the various consultants (like myself) and expert witnesses that are integral to construction defect claims. As before, this article reflects my observations only, and should not be construed as legal advice. This is for information purposes only.

In a construction defect dispute, experts play a crucial role. Due to the highly technical nature of these types of cases, it is essential that a person with sufficient knowledge, training and experience explain those technical issues. If a dispute proceeds to trial, parties will often designate an expert witness to provide testimony regarding their opinions of the facts in that case.

Without expert involvement, attorneys would not be able to provide their client with the best representation possible. Without expert testimony, judges and juries would not be able to make informed decisions.

While experts play a significant role in the outcome of construction defect disputes, the relationship between experts and other professionals in the industry can be highly contentious. Or as the saying goes, “Can’t live with them, can’t live without them.”

The construction defect industry is changing, and the volume of cases is expected to decline by 75% over the next five years. In this article, I will try to share some of the information from participants at VE-ADR 2012 relevant to expert consultants and expert witnesses to deliver more value to the clients they serve.

1. Your Fee Is A Big Part of the Problem

Or, it is time to stop partying like it’s 1999…

I remember the good old days. Destructive testing (DT) was really destructive! It wasn’t uncommon to cut hundreds of square feet of drywall, stucco and/or roofing at each unit during testing. I remember complete removal/replacement of entire bathrooms, windows, decks, showers. Back in the day, before mold was excluded in most insurance policies, I remember the thrill of full containment: Tyvek suits, full-face respirators, HEPA scrubbers, alcohol wipes for our cameras – like a scene out of E.T.! The lead expert firm for primary parties on large cases could easily generate billings of hundreds of thousands of dollars. Heck, I remember budgets for trial prep alone in the six-figures for cases involving less than 15 homes.

Those days are over.

And the people that are responsible for paying your bills and mine, are over it as well. Who are those people? For the most part, insurance pays the bulk of the cost associated with expert firms. (There are always exceptions, of course…) Insurance carriers have an obligation to their shareholders to limit their expenses, so a lot of scrutiny has been paid to expert fees over the years.

Here are some tactics that you might want to consider to make your fee more palatable:

• Flat-fee or Fixed-fee pricing: I’ve written about this topic on numerous occasions at my personal blog.
• Re-evaluate your scope of services and eliminate waste.
• Leverage technology to reduce cost (you are an expert, right?).
• Look for ways to share resources among the other experts on your client’s team.

The biggest reason I see expert firms losing market share is because they are perceived as expensive. If opposing counsel or the mediator thinks you are expensive, how does that benefit your client?

2. You Aren’t Supposed To Be An Advocate

Somehow, in American popular culture, everyone got it in their head that “the customer is always right.”

Wrong.

When you are a provider of professional services, you need to offer your services to the best of your ability, according to the standards of your industry. Even if your client (or the party you are representing) ask for something else.

It’s called integrity.

The attorney’s job is to be an advocate. As an expert witness, you are required to be impartial – your opinions are based on your experience, knowledge and training, and on the evidence gathered in the course of discovery. Will that lead to conflict? Sometimes. But if you are a professional, and the attorney you are working with is a professional, there should be some way to resolve that conflict.

During the panel discussions at VE-ADR 2012, the “expert as advocate” complaint came up over and over again. In fact, the term “whore” was used by more than one attorney/mediator in reference to expert advocacy.

The second biggest reason that I see expert firms losing market share is that they are perceived as advocates.

I’ll leave it to the lawyers and judges to explain the various laws and legal decisions that apply to experts.

Instead, since interpretation of industry standards is central to the role of an expert, I’d like to point out an applicable standard that few experts seem to be aware of. The document is known as the Recommended Practices for Design Professionals Engaged as Experts in the Resolution of Construction Industry Disputes and was originally published by the Association of Soil and Foundation Engineers (ASFE). This document has been embraced by the Interprofessional Council on Environmental Design (ICED) and has been adopted by 40 professional organizations including the AIA, ASCE, NSPE, ACEC, ASME, ASHRAE, SME, AAES, etc. Therefore, if you are a member of one of those organizations and regularly offer expert services, you would be well-served to review this document.

Contact me if you’d like me to send you a copy via email.

3. Focus On The End Result: Resolution

Nobody says, “I want to be an expert witness when I grow up.”

To be an expert, you have to have expertise. Expertise comes from experience. Every so-called expert I know has years – often decades – of experience working in active design and/or construction.

Some came to construction defect litigation because of a chance opportunity. Others came to the business during a slump in the construction industry. Some came for the money.

Regardless, there is a certain optimism or idealism that I find among my colleagues and peers. A notion that we are somehow part of the solution to the ills in the construction industry.

If something is broke, let’s fix it! If it isn’t broke, quit wasting time and money arguing about it.

At the end of the day, the parties we represent and the clients who hire us are simply looking to move on.

There are always going to be cases where resolution may only come about through trial. The vast majority of cases should never go that far.

What are some of the obstacles to resolution that directly involve experts?

• The Great Divide – The classic scenario where plaintiff experts call for complete destruction and reconstruction, but the defense experts recommend offering little more than pocket change.
• Excessive Costs – When expert fees are more than the cost of making repairs, something is clearly amiss.
• Copy Pasta – When every defect list and every report reads exactly like the one in the previous project, it is understandable that suspicions might be raised.
• Lack of Evidence – In the age of digital photography, the cost of taking additional pictures is negligible. Also, extrapolations should be statistically valid – you’re an expert, not a pet psychic…

4. Communicate Early and Communicate Often

Without a doubt, everyone attending the VE-ADR 2012 conference agreed that communication with experts is of utmost importance.

Plaintiff counsel, developer counsel, subcontractor counsel, mediators, judges, and insurance claims adjusters all advocate early case evaluation is not just prudent, it is an ethical imperative.

When an expert is retained, the sooner they can offer feedback to counsel, the better. Here are some things to focus on:

• What are the primary issues driving this case?
• Who are the other players and how will that affect strategy?
• Will more investigation (including DT) be helpful?
• Would a meeting between experts representing opposing parties yield a much more expedient resolution?

Communication is a two-way street. If you don’t have the information you need as an expert, ask for it.

5. The Times They Are A-Changing

As mentioned earlier, according to economist Gary London, the volume of construction defect cases is expected to drop by 75% over the next five years. Less cases mean less work for experts. I have watched as a number of firms have downsized or even collapsed over the last several years, and I know many are on the brink.

What can expert firms do to survive, and perhaps even thrive in the coming years?

• Consider strategic alliances and consolidating resources. This reduces the cost of investigation, and adds significant value for your clients.
• Re-structure your fees. As I mentioned above, flat-fee or fixed-price service offerings for known and predictable scopes of work are worth considering. Firms that have adopted alternative fee arrangements are seeing massive increases in revenue.
• The host of VE-ADR 2012 was Ed Martinet’s firm LiMa Solutions. They are taking the concept of neutral expert services to a new level. Could this model become a trend?
• Ted Bumgardner, of Xpera, pointed out that there are two types of “experts” – those that are more technical, and those that present well. Not every case requires the full-time involvement of a testifying expert. In other words, make better use of more cost-effective technical staff.
• Expand your service offerings by leveraging knowledge and expertise outside of litigation. (Here is a hint…)
• Acquire new skills, knowledge and technology. They say you can’t teach an old dog new tricks – the next few years will provide an opportunity to test that theory out.

Conclusion

I have had a lot of fun, learned a whole lot, and met some really incredible people working for and with various experts in the construction defect litigation industry.

Sadly, just like in the rest of the construction industry, a lot of good people are leaving. So much knowledge and expertise will undoubtedly be lost, to the detriment of all.

Dave Stern, of West Coast Casualty Service, said something that really resonated with me:

This [the construction defect industry] is the biggest people business outside of retail.

I agree.

About the picture: This was taken as the sun was setting on the last day of the conference in Key West. The LiMa Solutions staff threw a private party on the terrace of a restaurant overlooking the harbor. I wish I was still there…

Download a PDF of this article:

Due to interest, I made a nicely formatted PDF of this article for you to download, share and print, if so desired:

VE-ADR 2012: Emerging Strategies for Successful Construction Defect Expert Witnesses and Consultants (PDF)

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It’s that time again!

Janae Long is throwing another networking mixer for professionals here in the San Diego area. I’ve been to several of these events, and every time I go, I end up having engaging conversations. I have met some really interesting people at Janae’s mixers – all of whom are very passionate about what they do.

Like past events, this will be a multi-industry, no-cost (for entry), no-host networking mixer.

This event will take place at the Gordon Biersch Brewery (click for map) in Mission Valley at 5010 Mission Center Road. The beer starts pouring at 5:00. For more information, see the event’s listing at Janae’s website.

I hope to see you there!

Image courtesy fawkeswei

The post Join us in San Diego on October 4, 2012 for another Networking Mixer with Janae Long appeared first on AECforensics.com.

Christopher G. Hill is a lawyer, Virginia Supreme Court certified General District Court mediator and owner of the Richmond, VA firm, The Law Office of Christopher G. Hill, PC, a LEED AP. Chris authors the Construction Law Musings blog where he discusses legal and policy issues relevant to construction professionals. Additionally, Chris is active in the Associated General Contractors of Virginia and a member of the Board of Governors for the Construction Law and Public Contracts Section of the Virginia State Bar.

First of all thanks to Brian for the forum to share my “Musings” (yes it’s a plug for my blog) on Building Information Modeling (BIM) and alternative project delivery (such as integrated project delivery or IPD).  I appreciate his past guest posts at my little construction law blog and truly appreciate the opportunity.

Like the movement toward sustainable or “Green” building, BIM and IPD have grown over the last few years.  In many ways, the growth of these two “movements” in construction and construction design has occurred in a somewhat symbiotic fashion.  For instance, many of the LEED certification points are best achieved by the use of BIM for integration of the various systems at a sustainable project.  All of this is laudable.  

However (and you knew that a post from a construction attorney would have a “however”), like any new (or relatively new) design or construction method, there are risks.  Insurance policies, form construction contracts and other documents continue to evolve in an attempt to catch up with the ever changing world of innovation and construction.  The learning curve is steep as architects, owners, engineers, contractors and subcontractors transition from traditional “straight line” models to the more integrated and “cooperative” methods.  Construction professionals steeped in “traditional” methods need time to wrap their heads around the new paradigm.

Allocation of risk will be a big issue in construction defect, breach of contract, and design defect litigation.  When everyone is involved from the beginning, it can get muddy as to what responsibility falls upon whom.  When an architect, engineer, general contractor and HVAC subcontractor are all parties to design decisions: who takes the hit when the compressor fails?  When the roofer, mason, GC and design professional are all involved in the material and design decisions, who’s insurance policy ultimately pays if the wall falls down?

Furthermore, when architects and engineers are more involved in the construction management process (something that architects may or may not have the historical skill set to do), will the architects liability coverage kick in should disaster strike due not to the initial design but due to the management decisions of the architect or engineer that is no longer just an owner’s representative.

This discussion does not take into account the human factor in all of this.  

Like the charge forward into sustainable construction methods, anything new leads to different types of risks (if not different names for those risks).  The same Eeyore like thoughts that I have about sustainable construction apply here.  In short, we need to be careful with this new stuff.  We need to acknowledge the risks and deal with them.  None of this is insurmountable or a reason to ditch the new in favor of the old, but new policy decisions and changes in project delivery need to be carefully considered and contractual/insurance relationships and policies need to be reconsidered for those projects using these methods.

These new delivery methods are great, just don’t let the light of innovation turn into that of an oncoming train.

Thanks again to Chris for allowing me to return the favor for the guest posts at Construction Law Musings. He and I welcome your comments.

Image courtesy EEPaul

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As I mentioned while I was covering West Coast Casualty’s Construction Defect Seminar in May, solar panel installers are one of the new targets for construction defect claims. The U-T San Diego is reporting that the school district recently was burned by solar installers:

Solar panels were taken down from 24 San Diego Unified School District campuses over the summer after the products were found to have defects including premature corrosion causing a danger of roof fires.

The manufacturer of the panels, Michigan-based Solar Integrated Technologies, has filed for bankruptcy protection. The district expects to pay $400,000 more annually for energy in the coming years because of the dismantling of the installations.

The panels, installed in 2005, were expected to last at least 20 years. They cost the district nothing to install, although the district agreed to a price for the energy supplied over 20 years.

The district had purchased a power and maintenance contract from the now bankrupt solar company and GE. Fortunately for the district, GE offered to pay for the panels to be removed, after refusing to maintain or repair/replace the defective panels.

Defective panels exhibiting similar premature corrosion have been observed at an additional four school sites, but those came from a different supplier.

Via utsandiego.com stories: Metro

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Several members of my family were in Kentucky last week, not for the Derby, but to celebrate a special event. I couldn’t go, but at least I can celebrate at home in my own kitchen, thanks to the kind folks at the Electronic Frontier Foundation:

One of our most recent additions to the Takedown Hall of Shame is Kern’s Kitchen, the company behind the “most litigious dessert in America.” It owns a trademark on the term Derby Pie, which is the name of a popular Southern confection made with chocolate, pecans, and lots of sugar. Anybody’s allowed to make it—and there are plenty of variations online and in cookbooks—but if you call it Derby Pie, you might find yourself on the receiving end of a legal threat from Kern’s Kitchen.

Via the EFF

There is something very delicious-sounding about the most litigious dessert in America. (And I’ll bet it tastes damn good with a Bourbon Manhattan, such as the folks at the Brown Hotel serve.)

The post The Most Litigious Dessert in America? (Sounds delicious!) appeared first on BLHill.net and was written by Brian L. Hill.

Ars Technica summed it up nicely:

Righthaven, the Las Vegas operation that sought to turn newspaper article copyright lawsuits into a business model, can now slap a date on its death certificate: May 9, 2013. This morning, the US Court of Appeals for the Ninth Circuit ruled on the two Righthaven appeals that could have given the firm a final glimmer of hope—and the court told Righthaven to take a hike (PDF).

Via Ars Technica

Previously: Copyright troll Righthaven ordered to forfeit copyrights

The post The Troll is Dead! Goodbye Righthaven. appeared first on BLHill.net and was written by Brian L. Hill.

My current favorite architect is Bjarke Ingels. His firm BIG (Bjarke Ingels Group) has left an indelible mark on his homeland of Denmark, but his architecture is certainly not exclusive to that country, as he has already completed projects in at least four continents.

Why do I like Ingels so much, and yet despise so many other architects? Part of it has to do with his disregard for convention. Lots of architects (especially starchitects like Gehry, Hadid, Pei, et al. who can afford to reject clients) defy the convention of previous design concepts. Unlike other architects, Ingles isn’t designing monuments to his own ego – he is creating spaces that actually impact the lives of end users.

The main reason I think Ingels makes such an impact is because at the core of all his work is philosophy. And it is a philosophy that is influenced by both Charles Darwin and Friedrich Nietzche

Danish online magazine, Grasp, just published an article about the Bjarke Ingels Group manifesto called, Yes is More. Here is an excerpt:

The traditional image of the radical architect is the angry young man rebelling against the establishment. The avantgarde is defined from what it is against rather than what it is for.

This leads to an oedipal succession of contradictions where each generation says the opposite of the previous. And if your agenda is dependent on being the opposite of someone else’s – you are simply a follower in reverse.

He goes on to state:

Rather than revolution we are interested in evolution. Like Darwin describes creation as a process of excess and selection, we propose to let the forces of society, the multiple interests of everyone, decide which of our ideas can live, and which must die. Surviving ideas evolve through mutation and crossbreeding in to an entirely new species of architecture. Human life evolved through adaptation to changes in the natural environment. With the invention of architecture and technology we have seized the power to adapt our surroundings to the way we want to live, rather than the other way around. This is what makes it interesting to be an architect: as life evolves, our cities and our architecture need to evolve with it.

The stereotypical view, perhaps shaped too much by Ayn Rand, is that the architect is in constant conflict with everything. The architect is in conflict with the owner, the contractor, the rules of physics, the land itself – all in the name of ART!

In the philosophy that Ingels advocates, the architect embraces the conflict. It is inclusive, not exclusive. Differences are integrated and incorporated. It is not chained to a single idea. It is evolutionary more than revolutionary.

Moreover, it is a philosophy and approach to architecture that embraces all aspects of humanity, including the conflict.

As Ingels concludes, “Yes is More, Viva la Evolución!”

The full manifesto is presented in the form of a comic book (or graphic novel, if you prefer) that is available at Amazon:

Via Grasp

Image courtesy designboom magazine

The post Architect Bjarke Ingels on Philosophy: Yes is More! appeared first on BLHill.net and was written by Brian L. Hill.

The newspaper formerly known as the San Diego Union Tribune has been attempting some interesting experiments with the future of journalism since acquisition by a very controversial figure. This latest experiment is admittedly kind of cool.

When you visit UTSanDiego.com/BeTheDMV, you are presented with a picture (probably shooped) of a personalized license plate. You are then asked to either accept or reject the plate. It is sort of like a Hot or Not for vanity plates.

Reminds me of one of my favorite crappy game shows as a kid:

The post Be The DMV – Newspaper lets you decide which personalized plates are OK appeared first on BLHill.net and was written by Brian L. Hill.

Pro Tip: When the bag of coffee in the store says “Kona Blend” or “Jamaica Blue Mountain Blend” or something similar, chances are that up to 90% or more of the actual coffee is something else.

The Vons/Safeway chain recently settled a lawsuit brought on by an unhappy consumer over the contents of a “Kona Blend” coffee. The Kona Coffee Farmers Association joined the plaintiff’s complaint that the coffee sold by Vons contained very little actual Kona coffee, misleading consumers and ultimately harming the reputation of USA’s only significant coffee varietal.

Via U-T

Two years ago, Vons/Safeway had agreed to change the labels on their coffee to read, “10 percent minimum Kona blend.” This was prompted by a complaint by not only the trade association, but the Hawaii Department of Agriculture. As this article illustrates, a year later coffee was still found on shelves containing the old labels. At the time (August, 2012), Vons spokespersons stated that the reason was simply due to old inventory.

In other words, the coffee on the shelves at Vons can easily be over a year old.

Support your local coffee roaster!

The post On coffee, quality, and integrity appeared first on BLHill.net and was written by Brian L. Hill.

The product that consultants and other professional service providers offer is essentially themselves. The most effective and efficient means of marketing professional services is through content marketing. By producing content of value, consistently, a consultant can engage with existing and prospective clients in a way that is mutually beneficial.

What the Experts Say

• According to The Consulting Bible (Alan Weiss), the work of a consultant is marketing.
• Scott Stratten says to throw out everything we’ve come to associate with marketing in his book, Unmarketing: Stop Marketing. Start Engaging.
• C.C. Chapman and Ann Handley’s book, Content Rules, illustrates that the most effective way to engage clients and prospects is through creating consistent content of value.

My Take

Consultants can effectively market their business by demonstrating their expertise through a constant effort to produce quality content. 140 characters in a tweet isn’t going to connect you with a large contract, most likely. Being accessible in a variety of contexts to the preferences of your audience (clients, prospects, peers, competitors), fosters the trust building process. Consultants are experts in their fields, and social media (blogging, participating in various social networks, etc.) lowers the possible barriers of entry to that expertise.

Therefore, produce content about the subjects that interest you. Do so with the intent of engaging others by demonstrating value. Don’t tell people how smart you are, show them. Consistently.

Image courtesy guwashi999

The post The Job of a Consultant is to Produce Content of Value appeared first on BLHill.net and was written by Brian L. Hill.

So apparently much of what we “know” about pirates is a myth:

• Pirates did not force prisoners to walk the plank
• Pirates did not typically wear earrings or head-scarves
• Pirates did not make treasure maps
• Pirates did not talk like pirates *

* Note: Well they did talk like pirates, because they were pirates. It’s just that what we think of as a pirate dialect – with the heavy emphasis on the letter “R” – isn’t what their speech sounded like.

Enjoy this nice video below:

Via Museum Secrets and BoingBoing

The post Happy Monday: Setting the record straight about Pirates appeared first on BLHill.net and was written by Brian L. Hill.

One of the most popular posts that I have ever written on this site is The Future of Architecture as a Profession? which I wrote about two years ago. A recent article by Steve Mouzon for ArchDaily has caused me to revisit the issue.

In Mouzon’s article, he identifies some trends in the architecture profession that I hadn’t anticipated. Specifically:

More than half of the people working in architectural offices in 2005 aren’t there anymore. Some are still unemployed, some have gone in business for themselves, but many have left the profession. And when people leave architecture, they rarely come back for three reasons: an architecture degree prepares you to do so many other things, it’s such a stressful profession, and the pay is usually significantly lower than other professions like law and medicine.

Mouzon lists seven ways that the Great Recession has permanently altered the business of architectural design:

1. The exodus of experienced employees (see the quote above)
2. Clients no longer trust the “expert opinion of an architect”
3. The Great Recession is drastically impacting consumer attitudes, introducing a new era of frugality
4. Homeowners seek “smaller and smarter,” in part due to lending practices by financial institutions
5. Clients are younger and very motivated to make more sustainable choices
6. “Patience, Generosity, and Connectedness” will replace “Better, Faster, Cheaper”
7. “Most marketing methods architects have used for decades don’t work so well anymore”

Mouzon ends his article with the following:

I firmly believe that even though the Great Recession has been architecture’s bleakest epoch of my lifetime, it also has the potential to be a great transformational event that can change the profession for the better. At least for those who adapt and transform themselves.

As far as the future of architecture as a profession is concerned, I still stand by what I wrote two years ago:

Architects will need to become more involved in the networked world that we now live in. Instead of the perception that now prevails, where architects are often viewed as an expensive nuisance and obstacle, architects need to position themselves as integrated and essential resources for improving the built environment. The walled gardens of architects such as Frank Lloyd Wright and Frank Gehry will be replaced by forward-thinking design consultants that move easily between disciplines, with an eye for cost and energy efficiency.

Steve Mouzon’s article can be found here: 7 Reasons Architecture (As We Know It) Is Over

Image via angeloangelo

The post The Future of Architecture as a Profession, Revisited… appeared first on BLHill.net and was written by Brian L. Hill.

A lot of the content I have written on this site has to do with marketing. I write about it because as a former philosophy major, the concept intrigues me.

The thing is though: I’m not very good at marketing.

With my first business, as a professional musician/producer, I instinctively knew that I needed to promote what I was doing. People wanted my contact information, so I spent $50 I’d made from a 2-hour gig at a senior citizen’s home on some business cards. [note 1] To advertise events, I used the rudimentary graphic design tools available: the infamous “PrintShop” program combined with a B/W Xerox machine. The results were not very good, in terms of design, but I did manage to get people to show up.

I didn’t have to try to bring in business. A lot of my business came from previous clients and referrals. But I didn’t do much to remain in contact with previous clients – I just waited for the phone to ring. In fact, I did everything “wrong” when it comes to marketing.

But I did well. I believe that there is a very simple explanation for this:

Execution.

From the moment my fellow musicians and I arrived at a gig, it was clear that despite our age (we were in high school), we were professionals. Everyone dressed appropriately. We didn’t eat until after the show, or during a break. There was absolutely no smoking or drinking allowed on the premises by any of my musicians. We set up and tore down our gear quickly. But most importantly, when it came time to play, we delivered. And by the first note we played, my clients knew that they were going to get their money’s worth. [note 2]

What I Have Learned

I do not believe that there is a right or wrong way to approach marketing. As a professional musician, manager and producer, I made a good part-time income with little to no marketing. So is marketing a waste of time?

If you’re a top-rated high school jazz musician looking to bring in a few hundred dollars a week, marketing isn’t that important. But if you have a business that you rely upon to put food on the table for yourself and others, simply showing up isn’t likely going to be enough.

As I mentioned, I don’t think that I’m very good at marketing. I wouldn’t last a day in any advertising agency. I don’t have all the answers and I’m not sure that any of the answers I have are the right ones. But I have seen what works. The most effective marketing techniques accomplish the following:

• Establishing reasonable expectations – effective marketing provides an accurate impression of what the client/consumer can expect. What are you going to deliver?
• Telling a story – the best marketing tells a story that is compelling and draws people in. How will you make a positive impact on the life of your client?
• Building trust – we are so bombarded with advertising in nearly every aspect of life, that we have become desensitized. If you’re selling your services like a used-car salesman, clients will not be as trusting. Why should a client trust you?

One area that I have learned a lot about over the years is customer service. Solid execution combined with exceptional customer service makes up for poor/nonexistent marketing. But only to an extent. Perhaps the best approach (for businesses that are challenged in the marketing department) is to view marketing as an extension of customer service. Providing helpful and insightful information is very effective as both a marketing tool and as a service to your existing clients. Conversely, in this day and age, a company that does not maintain regular communications (through a blog, newsletter, personal correspondence, etc.) will be increasingly viewed as “not caring” enough.

In the end, there is no “one size fits all” approach to marketing. I’m no expert and most people that run their own small businesses aren’t experts at marketing either. It is about trying new things and sticking with tactics that work. More than anything, marketing is just as much about meeting your clients’ needs as the actual services that you provide.

Notes:

1. I first developed my personal BLH logo at that time. Back to article
2. About the money: Prior to any engagement, a fixed fee price was negotiated and established. Neither the client nor the musicians ever arrived at a gig with false expectations about the cost. I was always paid on time, and never extended credit. Although we generally based our price on an hourly amount (as high as $100 per hour per musician), the price was fixed and predetermined. Back to article

The post Confession: I’m Not That Good At Marketing appeared first on BLHill.net and was written by Brian L. Hill.

A number of my colleagues have been mourning the tragic death of visionary San Diego architect, Graham Downes. Noted for several iconic local projects including the Hard Rock Hotel, Bali Hai, Tom Hamm’s Lighthouse and Hotel La Jolla, the architect was fatally injured in a fight with an employee outside his home in Banker’s Hill.

See the video below from NBC San Diego

The post San Diego Architect Graham Downes beaten to death by employee appeared first on BLHill.net and was written by Brian L. Hill.

I was 12 years old when I decided I wanted to become a professional musician. That summer I landed my first paying gig, and the rest – as they say – is history. Around the same time, I cultivated a deep and life-long interest in philosophy.

Here is how Wikipedia defines philosophy:

Philosophy is the study of general and fundamental problems, such as those connected with existence, knowledge, values, reason, mind, and language. Philosophy is distinguished from other ways of addressing such problems by its critical, generally systematic approach and its reliance on rational argument. The word “philosophy” comes from the Greek φιλοσοφία (philosophia), which literally means “love of wisdom”.

In my opinion, the application of philosophy to business is strategy. Robert Boyden Lamb defines strategic management in the intro to his book, Competitive Strategic Management, as follows:

Strategic management is an ongoing process that evaluates and controls the business and the industries in which the company is involved; assesses its competitors and sets goals and strategies to meet all existing and potential competitors; and then reassesses each strategy annually or quarterly [i.e. regularly] to determine how it has been implemented and whether it has succeeded or needs replacement by a new strategy to meet changed circumstances, new technology, new competitors, a new economic environment., or a new social, financial, or political environment.

What’s the Point?

Philosophy is a way of addressing problems through a “critical, generally systematic approach and… rational argument.” Effective business leaders also address problems rationally, critically and often systematically. How a business positions itself in the marketplace, how the business interacts with clients, and even how a business develops product and service offerings – these decisions demand a rational and critical approach.

The original Greek definition of philosophy, “love of wisdom,” is extremely relevant to modern business strategy. The more knowledge and information that is factored into intelligent decisions, the better the outcome is likely to be. Philosophy is about tackling the big questions, and those questions are just as applicable to business:

• Why are we here? (Mission)
• How do we make decisions? (Business Intelligence)
• What is our relation to the outside world? (Marketing, Customer Service)

What is your philosophy of business?

Image via diametrik

The post The Philosophy of Business: Strategy appeared first on BLHill.net and was written by Brian L. Hill.

Joshua Marsh, writing at PandoDaily, discusses the impact of social media on the customer service role within companies. The challenge that he points out, is to empower customer service reps (traditionally one of the lowest paying positions at most firms – sometimes even lower compensation than janitorial work) with more freedom to respond appropriately to customer needs. Social media provides a feedback loop that doesn’t allow for the current status quo of, “let me check with my supervisor, and we’ll get back to you.”

This may seem a superficial observation; after all, technologies change all the time, and each new tool introduces new possibilities and new demands. However, social media has changed the customer service game in a much more dramatic way: rather than pursue their complaint as a discrete transaction, customers nowadays reach out to corporations as naturally and effortlessly as they do their friends. The same way I’m likely to think my friend is rude if he or she ignores a message from me on Facebook or Twitter, companies, too, are learning, often the hard way, that the kind of service they need to provide has to be immediate and public.

To do that effectively, the old way of providing customer service won’t do. Too often, the traditional rep on the phone was trained to do one thing and one thing only, which is pass a complaint up the bureaucratic chain of command, receive a resolution, and report it back — a classic centralized model of corporate communication. Today’s customer service agent, on the other hand, must be nimble, smart, fast, attentive, personable, and talented at defusing volatile situations and creating new opportunities.

Via PandoDaily

The post The “lowly customer service rep” is more important today than most companies realize appeared first on BLHill.net and was written by Brian L. Hill.

The post The Magic of Business: Imagination appeared first on BLHill.net and was written by Brian L. Hill.

Strategy is about story. I have been reading Mario Puzo’s The Godfather, and since it is such a well-known story, let’s use it as an example. (Of course, strategy is a significant component to the actual story of the Don’s success, making it especially fitting…)

Puzo’s book is not completely chronological, and in fact jumps back and forth in time. Part of the allure for The Godfather is the way in which we as readers (and in the case of the movie, as viewers) are able to respect and connect with characters that just so happen to be extremely violent murderers showing no remorse. The author accomplishes this by reminding us of the characters’ past. Legacy and tradition are integral to understanding the dynamics of the organized crime families portrayed. Legacy and tradition are also integral to the strategies of the main characters in carrying out their business.

My position has always been that you have to know where you come from in order to know where you are headed.

A commonly overlooked component to The Godfather is the deep introspection that Puzo brings to his characters. This has become a staple of mafia stories since then. In Good Fellas, Casino, and The Sopranos, the characters many times seem more concerned with philosophy and psychology than the violence so often associated with organized crime. Careful consideration of the wider impact of decisions seems to have become a common denominator in the Dons portrayed in popular culture. In The Godfather, Sonny’s reckless and highly emotional acts are a disgrace, and he pays dearly for them.

The Don considered a use of threats the most foolish kind of exposure; the unleashing of anger without forethought as the most dangerous indulgence. No one had ever heard the Don utter a naked threat, no one had ever seen him in an uncontrollable rage. It was unthinkable.

What’s the Point?

For me, strategy needs to be at the foundation of every decision. In business, strategy is at the heart of superior execution. Take marketing, for example. Why are you putting time and money into a particular campaign? What is the story that you are crafting? What are the roots/legacy of that story? Where is the story headed? How will you pull people in to your story? The same is true in delivering a presentation. What do you want people to take away from your presentation? What is the plot, and how will it take shape?

Strategy is a story that we hope to tell. Success can therefore be thought of as executing a well-crafted and carefully considered story. Unlike writing a story, we don’t know how others are going to react. All we can do is try to empathize with others, anticipating their response, and consider the possibilities as we execute the strategy, ready to make adjustments to the course as necessary. Conversely, not considering strategy is reckless, and the risk for emotionally driven reactions has been proven to derail success.

Update

I just happened to notice that Julien Smith (an amazing author and thinker) published a blog post today entitled, Everything has been done. Give up now. In it, Smith states that (as the title suggests) everything has pretty much already been done by someone else, often better. What makes the difference is story. He eloquently states:

The best storytellers are translators of information. They take an experience and create layers on top of it, like an onion, that get peeled and reveal deeper insight.

And to me, that is exactly what strategy is. Formulating a solid strategy, like crafting a wonderful story, is about taking your experience and knowledge and weaving it into something cohesive and useful to others.

Hint – Julien Smith writes some amazing stuff. He is on a short list of people whose email newsletters I will not pass up.

Image courtesy Jonny Hughes

The post Strategy Is A Story That We Hope To Tell appeared first on BLHill.net and was written by Brian L. Hill.

Meetings are often a waste of time and considerable resources. Fortunately, some innovative companies have discovered ways to make the most of meetings. Here are some best practices shared by the folks at 99U:

1. All meetings must have a stated purpose or agenda. Without an agenda, meetings can easily turn into aimless social gatherings rather than productive working sessions.
2. Attendees should walk away with concrete next steps or Action Items.
3. The meeting should have an end time.

Via 99U and @CarolHagen

Many of these rules have been implemented by successful and fast-growing technology companies such as Apple and Google. Somewhat related is how the giants in the tech industry are embracing innovative sustainable building practices in the design and construction of new facilities.

The post Innovative best practices for improving the quality of business meetings appeared first on BLHill.net and was written by Brian L. Hill.

The first time I was on television was when I was in 5th grade. I had won my school’s annual Rube Goldberg machine invention contest for the second year in a row. Talent scouts from NBC invited me and a few friends to come to Burbank as guests of Johnny Carson on the Tonight Show.

Rube Goldberg inventions have a special place in my heart.

I am also a huge fan of the Wallace & Gromit series of animated shorts and movies.

This story is a combination of those two loves:

Wallace and Gromit would be proud.

Inspired by the hit cartoon films, this contraption can produce your breakfast in one minute, and it’s just in time for Shrove Tuesday.

Commissioned by the happy egg co., the aptly-named ‘Pancake-omatic’ took a team of four design engineers more than 200 hours to construct and a further 100 to test.

Via Daily Mail

Here is a video of the device:

The post Wallace and Gromit inspired pancake-making Rube Goldberg invention appeared first on BLHill.net and was written by Brian L. Hill.

I just purchased a new book for my Kindle: Death On A High Floor. Here is the official description:

When the much-despised Marbury Marfan senior partner Simon Rafer turns up dead, with an ornate dagger buried between his shoulder blades, it comes as a surprise to no one. Simon was an abusive boss and had recently been on the warpath, clearing the “dead wood” from the legal firm he treated as his personal fiefdom. Nearly a thousand attorneys and associates, scattered across four continents, had good reason to want Rafer dead, but homicide Detective Spritz has his eye trained on Marbury Marfan partner Robert Tarza, in particular. Tarza and his friend and colleague—and maybe a bit more—Jenna are soon forced to play detective themselves, in a race to find the real killer or killers before Spritz finishes assembling a collection of evidence that will make a very credible case against Tarza.

World-class mediator, Victoria Pynchon, wrote about the book for Forbes last year. She attended a book reading by the author of the book and was struggling to explain the dynamics of BigLaw upper management:

Finally, I said, “it’s a cage match. They throw a piece of meat into the cage and the men – mostly it’s the men – fight to the death over it.”

Via Forbes

The post Death on a High Floor: Crime novel set in upper management of a huge law firm appeared first on BLHill.net and was written by Brian L. Hill.

A story popped up in my RSS reader this morning, but when I visited the original site, the article was (and still is) nowhere to be found. According to PandoDaily’s Erin Griffith in my saved copy of the article:

Zillow Digs will connect home renovators with professionals that can help them. Zillow won’t charge contractors to list their services on the site, but will eventually allow them to purchase promotional packages that enhance their listings, similar to what Zillow does with real estate agents.

According to Griffith, Zillow Digs is a “new iPad and Web app that acts a bit like Pinterest, but with price tags.”

Via AECforensics.com

The post Zillow Digs: Home improvement app “like Pinterest, but with price tags” appeared first on BLHill.net and was written by Brian L. Hill.

Mojang AB, the company behind a game called Minecraft, has become extremely successful and profitable by focusing on cultivating and nurturing a healthy community. In 2012, the company returned profits of $90 million on $235 million of revenue. How do they do it? By out-caring the competition.

About the picture – that’s my three kids on their computers, where they can be found most evenings playing and hacking Minecraft.

Zynga is the viral game developer that destroyed the Facebook news feed with updates from your elderly relatives regarding the status of their virtual farm. Despite that, the company has been very successul financially, filing for an IPO and generating around $150 million in profit annually. Mojang AB is also a game developer, and last year brought in almost $100 million from its primary game offering, Minecraft. The difference: Zynga is a publicly held company with 3,000 employees, whereas Mojang AB has just 29 employees. Here is more from the Wall Street Journal:

This has proved very good business for Mojang, located on a side street in Stockholm. Last year the company made about $90 million in earnings before interest, taxes, depreciation and amortization on revenue of $235 million, according to people familiar with the matter and since confirmed by the company.

By comparison, Zynga is expected to bring in Ebitda in the range of $152 million to $162 million on revenue of $1.09 billion to $1.1 billion, according to its last earnings release. Minecraft started under the guidance of 33-year-old Markus Persson, who as a single developer began selling the game on the Internet.

Via Wall Street Journal

Community Engagement vs. Community Estrangement

There are many differences between Zynga’s product offerings and Mojang’s Minecraft. Key to the success of both, however, is the dependence upon community.

Zynga’s Farmville (and other ‘ville games) rely upon viral distribution. As a player progresses through the game, their Facebook friends receive updates that function as advertising. This practice is moderately effective based on the principle of social proof – if so-and-so is using this product/service than I should consider it too.

The downside of Zynga’s approach is abundantly clear if you have had a Facebook account longer than about three years. Those updates of “Sally just fed her pig, why don’t you congratulate her” were annoying, sometimes confusing and ultimately took away from the Facebook experience. My wife had to “mute” some of her friends because of the incessant Farmville updates. Zynga latched onto another community (Facebook) and instead of adding value, significantly took away value from that community.

On the other hand, Minecraft has developed its own community, which is incredibly diverse and rich. My son began playing Minecraft about two years ago. He learned about the game watching a YouTube video created by a player. Within a few weeks, he was building his own levels. Within a few months, he was hacking the game through the installation and configuration of modifications developed and shared freely by other players. His sisters play Minecraft now, as do his cousins and many of his friends. Everything he knows about Minecraft comes from the contributions of the incredibly large and helpful community.

What’s the Point?

There is a reason that 29 employees developing Minecraft can generate similar profits to Zynga’s 3,000 employees. When I told my son about the article in the Journal and asked him his impression, at 11 years old his response was, “It’s because Notch really cares.” The original developer behind Minecraft, Markus “Notch” Persson, really does care. The values that he has as a developer are echoed and amplified throughout the community. Zynga’s values are also echoed and amplified throughout the community – until somebody’s friend gets muted…

In business, as well as in other parts of life, it is a lot easier to be successful when you focus on adding value to the community. You can still be successful by taking away from the community, but you’ll have to work much harder. In this case, Zynga works 100 times harder than Mojang to achieve the same levels of profit.

P.S.

I’m slowly working my way through a fascinating book called Gamestorming: A Playbook for Innovators, Rulebreakers, and Changemakers. This book shows ways that aspects of gaming can be applied to businesses and organizations for affecting positive change. The word that you often hear/see used in reference to concepts like this is gamification, which I predict will be added to Merriam-Webster within the next couple years.

The post The secret to dominating your competition: Care more appeared first on BLHill.net and was written by Brian L. Hill.

Jazz is music. And great jazz, like all great music, attains its value not through intellectual complexity but through emotional expressivity. True, jazz is a particularly intricate, refined, and rigorous art form. Jazz musicians must amass a vast body of idiomatic knowledge and cultivate an acute artistic imagination if they wish to become accomplished, creative improvisers. Moreover, a familiarity with jazz history and theory will undoubtedly enhance a listener’s appreciation of the actual aesthetics. Yes, jazz is intelligent music. Nevertheless, extensive as they might seem, the intellectual aspects of jazz are ultimately only means to its emotional ends. Technique, theory, and analysis are not, and should never be considered, ends in themselves.

Via Jazz Note SDP

Joshua Redman is an amazing saxophonist and composer. Definitely worth a listen.

Reminds me of one of my favorite books growing up, Nat Hentoff’s Jazz Is.

The post Saxophonist Joshua Redman: Jazz Is… appeared first on BLHill.net and was written by Brian L. Hill.