Tackling new technology

Proper integration goes beyond the gadgets themselves
By Matt Johnson
October 20, 2010
COMMERCIAL : LEGAL

Do you remember Ken Olson? He was president, chairman and founder of Digital Equipment Corp., a company that made mainframe computers in the 1970s. Perhaps incorrectly, he has been quoted as saying, "There is no reason anyone would want a computer in their home."  Olson's business interests in creating room-size computers might have impacted that assessment, but this quote is a good example of how locking into one view of technology can allow the market to pass you by.

New technology in the glazing world is no different. Among the more futuristic technologies spreading to the average glazier is Building Information Modeling. Before dismissing BIM as inapplicable to your business, consider that it takes very little time for new technologies to become cheap and easy enough for most companies to use. So, for today, let's concede that BIM is coming to all glaziers, and use it to illustrate general risk points to consider anytime a new product or process is introduced into a business.

What is BIM? 3D CAD, it ain't

When looking at BIM, start by recognizing what it is not—and it is not a 3D drawing program. Yes, the end product might be a 3D model of the building as a whole, but this view of BIM ignores its true value. A better approach is to view BIM as a project-specific encyclopedia containing information from a lot of various sources, brought together in a single volume designed to tell the owner, builder and trades what they need to know to accomplish their part of the project. BIM accomplishes this through an electronic information-sharing process intended to give contractors and suppliers the chance to inform the design process rather than be shoehorned into it. This increased coordination and collaboration should decrease per-project costs and administrative expenses.

So, what's the problem?

So, if BIM results in increased efficiency and decreased down time, then what's the problem? Putting aside administrative and cost issues, problems for businesses tend to arise from the simple fact that BIM is a new model of doing work in a field still operating with form-contract books and handshake deals. Architects have been proactive in addressing the contractual implications of BIM through the American Institute of Architects in Washington, D.C., because it most directly touches their work product. But glaziers also need to consider that for any project involving BIM services, their documentation and work processes need to be kept current.

Let's start with the contract. When a BIM project arises, the deliverables can include more than the material and labor. It could be that an accurate, federated BIM database is required. Timing of database delivery, accuracy of the database model and indemnity for errors in the database are all essential contractual terms that need to be considered. Beyond initial deliverables, one can presume that change orders will be required for a job that must include BIM integration and a company's responsibility for same. Remember that the 3D model will not change the four corners of the legal contract, so the paperwork underlying the transaction remains essential.

What about supplier relationships? Vendors and suppliers might comprise an essential part of a glazier's BIM data submittal. Questions concerning incorporation of data, representations of accuracy, or whether the vendor/supplier will provide their own database go beyond the underlying project bid. Documenting responsibilities with vendors and suppliers at the outset of any project will help define roles and expectations—not only on BIM projects, but all jobs.

Internal considerations also are important for any company involved with BIM projects. Even though BIM does not place the glazier in the architect's shoes, adequacy of insurance coverage for perceived design work should be analyzed. Consider having designated employees participate in addressing the varying BIM models and standards. For example, the American Architectural Manufacturers Association, Schaumburg, Ill.; AIA; the Glass Association of North America, Topeka, Kan.; and the Insulating Glass Manufacturers Alliance, Ottawa, Ontario, are all involved with BIM modeling or standardization. Technology upgrades— and insurance for claims arising from technology failures—also should be considered. Companies need to reevaluate their business model anytime a new technology is incorporated into operations.

What is the lesson?

BIM and its eventual usefulness to the glazing industry continue to be defined. But the issues arising from this short review of BIM apply with equal force to any new technology or process that glaziers incorporate. First, look to your contract documentation. Ensure that it is compatible with and incorporates protections for the new technology. Second, look to your vendors/suppliers. It could be that the new technology or process requires a reaffirmation of existing dealings or new items to ensure compatibility. Finally, look to your internal processes. Incorporating new processes or technologies can impact your insurance and worker relations.

While none of these steps will eliminate all risk, proper integration of new technology and methods can allow you to realize the value of your investment, rather than directing money into fighting contract or legal claims. By staying at the forefront of the market, you will be able to see and capitalize on trends— much like a young dropout who, despite hearing Olson's take on computers, started a small computer company called Microsoft. 

The author is a member of The Gary Law Group, a Portland-based firm specializing in legal and risk issues facing manufacturers of glazing products. Write him at matt@prgarylaw.com.