LEGALLY SPEAKING Ever since man first used bone and stone tools to construct the most rudimentary shelters, we have sought to innovate — to improve design and construction means and methods. For anyone who has been involved in construction litigation, however, it may seem like the way we resolve construction disputes is stuck in the Stone Age. While the proliferation of computer use the latter part of the 20 century streamlined and improved many aspects of the development and delivery of large construction projects, the first generations of construction-related computer appli- cations only marginally changed the way construction disputes were resolved. Construction lawyers have continued to rely upon and use the same basic information (e.g., plans, specifications, communications and daily reports), albeit much of it is now in electronic form, to advocate for and prove their client’s cases in litigation. Recent technological advancements, in engineering, design and construction in th however, are changing not only the format of the information we use in construction disputes, but also the substance of the information and the detail in which we are able to present it. Among these innovations are (1) building information modeling, (2) data acquisition systems for construc- tion operations and site conditions, and (3) unmanned aerial vehicles. Building Information Modeling Building information modeling (BIM) has become a popular tool within the engineering and construction industry for planning, designing, constructing, and managing buildings and infrastructure projects. Among other purposes, BIM is used for architectural, structural and MEP (mechanical, electrical and plumbing) design; conflict/collision detection and avoidance; estimating and scheduling. When a project’s CPM (critical path method) schedule is added to the BIM model, it is sometimes referred to as a 4D model. Construction Dispute Resolution Comes Out of the Stone Age While the expense and complexity of BIM has limited its use to large and complex construction disputes thus far, proliferation and development of BIM, coupled with increased education, has lowered the cost of its use in forensic appli- cations. This will undoubtedly result in increased use in construction dispute resolution. The 3D visualization and collision-detection features of BIM make it a useful tool for forensic analysis and demonstration of construction access limit- ations, disruptions, delays and inefficiencies. Data Acquisition Systems While data-logging devices and other data acquisition (DAQ) systems have been used in construction for some time, refinements to these systems and increases in their application have vastly improved the amount and quality of information available not only for contemporaneous quality control of construction, but also for use in construction dispute resolution. DAQ systems on construction equipment allow for the automatic and frequent measurement of parameters such as auger rotation, tool penetration rates, hammer stroke, vibratory tool amperage, concrete and grout pumping rates. DAQ systems are also used regularly to monitor concrete temperature and to obtain site information, including precipitation and temperature. The near continuous nature of the raw information allows construction lawyers to identify issues with construction means and methods or, conversely, to demon- strate that there were no issues with such means and methods. DAQ systems help overcome limitations in human record- keeping, including inconsistency, frequency and errors, which plague con- struction litigation. Brian Wood Attorney Of Counsel Smith, Currie and Hancock Unmanned Aerial Vehicles The last decade has seen an explosion in the use of unmanned aerial vehicle (UAVs or drones) for engineering and con- struction applications. As with DAQ, UAVs have increased and improved the informa- tion available not only for construction operations, management and quality control, but also for dispute resolution. While the first generation of civilian drones were used primarily for photographing large and/or difficult-to-access sites, UAVs have become platforms for a wide variety of remote-sensing devices. Drones are equipped with global positioning systems and inertial navigation sensors to detect, report, and record positioning and alignment, while also using electromagnetic induction, ground- penetrating radar, and infrared imagery to obtain detailed surface and subsurface features. Improvements in photogram- metry, including the use of orthomosaic generation to rectify perspective distortions otherwise present in older photo-stitching technologies, have made UAVs a reliable means of surveying and mapping large or difficult-to-reach sites and structures and creating 3D models. The ability to program flight paths and to perform frequent flyovers results in consistent information about construction operations, including sequence of work, movement of equip- ment, jobsite conditions and conflicts, that allow the construction lawyer to tell the story about delays and productivity impacts on the project. DEEP FOUNDATIONS • NOV/DEC 2017 • 121
