Risks in Construction Project Management: Design/build methods, Building Information Modeling (BIM), Integrated Project Delivery (IPD), and green practices

John D. Broghammer | Sims, Lawrence & Broghammer, LLP

John is an attorney specializing in insurance coverage disputes and the representation of design professionals. He completed both his undergraduate and legal education at Creighton University in Omaha, Nebraska, graduating with honors at both levels.

Following admission to the California Bar in 1990, his practice area has focused on Civil Litigation with a particular emphasis on the representation and defense of architects and engineers in construction defect litigation, the defense of general contractors in construction litigation, and the defense of human service entities and schools. John advises and counsels design professionals in all aspects of contract preparation, risk allocation and insurance issues.

John has given countless seminars, presentations and webinars nationally, regionally and locally on design professional’s risk allocation, contract formation and negotiations, and construction defect litigation. He effectively (and with humor) teaches his clients the law on standard of care, insurance, scope of work issues, risk understanding and risk transfer, and contract negotiation techniques. John has served as an expert witness in the area of design professional litigation.

John currently represents many of the area’s preeminent architectural and engineering firms. He also actively represents prominent insurance carriers in insurance coverage disputes and bad faith actions. His emphasis is on the defense of carriers in environmental coverage disputes. He has litigated coverage for contamination sites involving the laws of many states including California, New Jersey, Texas, Arizona, Florida, Virginia and numerous others.

John has aggressively litigated, arbitrated and mediated countless disputes for his clients in virtually every county in Central and Northern California. His goal is litigating actions in a manner that fully protects his clients’ interests in a business-conscious and cost-effective manner. He practices aggressive representation with attention to his clients’ current and long-term business and community interests. John has substantial trial experience and always remains prepared to protect his client’s interests at trial, if required.

John was born and raised in the Midwest and brings his Midwest work ethic to the representation of his clients. He is married and has two wonderful children.

I. Understanding Risks in Project Delivery Methods | 1:00pm – 1:10pm

• Traditional Design/Build Approach
• Utilizing Building Information Modeling (BIM)
• Integrated Project Delivery (IPD)
• Implementing Green and Sustainable Practices

II. Types of Legal Liability | 1:10pm – 1:45pm

• Contract-Based Liability
• Liability in Tort Law
• Fiduciary Duty Breaches
• Liability to Third Party Beneficiaries
• Indemnity

III. Current Trends in Liability Expansion | 1:45pm – 2:00pm

Break | 2:00pm – 2:10pm

IV. Common Legal Defenses | 2:10pm – 2:30pm

• Economic Loss Rule
• Statutes of Limitations and Repose
• Comparative Negligence Defense

V. Evolving Trends in Legal and Contractual Defenses | 2:30pm – 2:40pm

VI. Strategies for Risk Mitigation in Contracts and Documentation | 2:40pm – 3:10pm