Howard W. Ashcraft

Professional Affiliations

National Building Information Model Standard Project Committee – United States, Member

Lean Construction Institute

Bar Association of San Francisco

American Bar Association Forum on the Construction Industry (Governing Committee, 1993-1997)

American Institute of Architects California Counsel (honorary member) American Council of Engineering Companies, Legal Counsel Forum

American Arbitration Association (panel for large and complex construction cases for California and Nevada)

U.S. Green Building Council – Northern California Chapter

Founding Board Member, Center for Innovation in the Design and Construction Industry

Honors

Best Lawyers in America® Lawyer of the Year, Litigation – Construction (2013, San Francisco) Best Lawyers in America® (2006-2012)

Special Achievement Award, American Institute of Architects, San Francisco Chapter (2008) President’s Award, American Institute of Architects, California Counsel (2007)

Chambers and Partners, USA Band 1, Construction

Northern California Super Lawyers (2004-2012)

Top 10 Northern California Super Lawyers,

San Francisco Magazine (2004) International Who’s Who of Construction Lawyers (International Bar Association)

Martindale-Hubbell AV Rating

Professional Licenses

U.S. Green Building Council, LEED® Accredited Professional

ABA Forum Committee on the Construction Industry, ABA Section of Public Contract Law, American Arbitration Association’s Large Complex Case Panel

• “Integrated Project Delivery- A Lawyer’s Perspective,” Journal of Canadian College of Construction Lawyers (May 2014)
• “A Simple Framework for Integrated Project Delivery,” co-author, International Group for Lean Construction Oslo (May 2014)
• “Integrated Project Delivery: Optimizing Project Performance,” Owners Perspective- The Magazine of The Construction Owners Association of America (Spring/Summer 2014)
• “The Changed Landscape of Construction Disputes,” contributing author, Construction Dispute Resolution (2014 edition)
• “Integrated Project Delivery: Findings from the SLCR Forum,” The Leader (May/June 2013)
• “Benefits of Model-Based Process Integration,” co-author, Invited Paper of the Proceedings of the Lake Constance 5D Conference (April 2013)
• “Chapter 4: Legal Issues When Considering BIM For Facilities Management,” co-author, BIM For Facility Managers (April 2013)
• “Negotiating an Integrated Project Delivery Agreement,” The Construction Lawyer (Summer 2011)
• Building Information Modeling:  Issues and Implementation in Collaborative Projects, Construction Law Journal, Vo. 9, No. 2, (Winter 2011) State Bar of Texas.
• Negotiating an Integrated Project Delivery Agreement, The Construction Lawyer, Vol. 31, No. 3 (Summer 2011), American Bar Association, Forum on the Construction Industry.
• Developing Meaningful Contract Terms for Electronic Communications on Construction Projects, with Kimberly Hurtado, The Construction Lawyer, Vol. 29, No. 2 (Spring 2009), American Bar Association, Forum on the Construction Industry.
• Building Information Modeling: A Framework for Collaboration, The Construction Lawyer, Vol. 28, No. 3 (Summer 2008), American Bar Association, Forum on the Construction Industry.
• Enforceability of Limitation of Liability Clauses, The Construction Lawyer, Vol. 14, No. 2 (April 1994), American Bar Association, Forum on the Construction Industry.
• New Paradigms for Design Professionals: New Issues for Construction Lawyers, Construction Law & Business, Vol. 2, No. 1 (2001)
• CERCLA “Arranger” Liability-Emerging Risk for Environmental Consultants, The Construction Lawyer, Vol. 14, No. 1 ( January 1994), American Bar Association, Forum on the Construction Industry.
• Limitation of Liability – The View After Markborough, The Construction Lawyer, Vol. 11, No. 3 (August 1991), American Bar Association, Forum on the Construction Industry.
• CERCLA “Arranger” Liability, ProNet, ProNet Practice Notes, Vol. 7, No. 2 (1994).
• Volt V. Board of Trustees: Construction Arbitration and the Making of a Federal Case, American Bar Association, Forum on the Construction Industry, The Construction Lawyer Vol. 8, No. 3 (August 1988)

Whitepapers

• The IPD Framework (2012)
• IPD Teams, Creation, Organization & Management (2011)
• Negotiating an IPD Agreement (2010, revised 2012).

Chapters in Books and Treatises

• Furthering Collaboration, Chapter in Building (in) The Future, Recasting Labor in Architecture, Yale School of Architecture/Princeton Architectural Press (2010).
• Building Information Modeling: A Framework for Collaboration, Chapter 10 in Risk Management for Design Professionals in a World of Change, AE ProNet (2010)
• Negotiating an Integrated Project Delivery Agreement, Chapter 9 in Drafting and Negotiating Tomorrow’s Construction Contracts Today,Practicing Law Institute (2009).
• The Use of Technology for Project Collaboration and Building Information Modeling, Chapter 5 in Construction Law Handbook 2d. Ed.,(with Kymberli Nathan) Aspen (2009).
• Liability on the Contract, Chapter 5 in Architect and Engineer Liability: Claims Against Design Professionals, 3d Ed., (With Paul Sanner) Aspen (2006).
• A Practical Guide to Electronic Discovery in Construction Disputes, Chapter 8 in Managing and Litigating the Complex Surety Case, 2nd Ed., American Bar Association (2007).
• Consultant Liability, Chapter 6 of Site Auditing: Environmental Assessment of Property, Specialty Technical Publishers
• The Expert Witness and Consultant, Chapter 9, Forensic Structural Engineering Handbook, McGraw-Hill (2000, 2005)
• Legal Aspects of Condition Assessment and Reporting, Chapter 5 in Structural Condition Assessment, John Wiley & Sons (2005).
• Avoiding and Managing Risk of Differing Site Conditions, Chapter 1 of Differing Site Condition Claims, Wiley (1992)
• Allocating Construction Risks: Limitation of Liability, Indemnity, and Additional Insures Clauses, Structural Engineers Association of California, SEAOC Proceedings (1989)
• Seismic Safety Analyses-Avoiding Liability Aftershocks, Structural Engineers Association of California, SEAOC Proceedings (1991)

Selected Speeches, Panel Discussions, and Seminars:

• “Integrated Project Delivery (IPD) – Collaborative Planning and Execution,” Pacific Business & Law Institute – The Nuts and Bolts of Successful Construction Projects – Vancouver, BC (April 2014)
• “Optimizing Project Delivery IPD From the Owner’s Perspective,” Construction Owners Association of America (COAA) 2013 Fall Owners Leadership Conference (October 2013)
• “Integrated Design and Project Delivery,” Net-Zero North American Leadership Summit (October 2013)
• Integrated Project Delivery, Senior Leaders in Commercial Real Estate (Corenet) October 2012.
• IPD an Endpoint of BIM?  3^rd Annual Canadian BIM Conference, September 2012
• Structuring an Integrated Project to Optimize Outcome and (appropriately) Allocate Risk, Symposium on Technology for Design and Construction, McCormick School of Engineering, Northwestern University, August 2012.
• Structuring Integrated Project Delivery, Digital Building Laboratory, Georgia Tech, May 2011.
• Integrated Project Delivery Agreements (December 2010)
• Bracing for Construction Claims During a Slow Economic Recovery, Hanson Bridgett’s Public Agency Construction Seminar, Sacramento (October 26, 2010); San Francisco (September 22, 2010)
• Building Information Modeling and IPD, Building Futures Council Annual Meeting (November 4, 2010)
• Integrated Project Delivery (IPD) Video Series (July 2010)
• Alternative Project Delivery for California Public Projects and Negotiating an IPD Agreement, The Integrated Project Delivery Seminar, San Diego (September 17, 2009)
• BIM – Lean Construction – Integrated Project Delivery, CoreNet Global, Northern California Chapter Meeting, San Francisco (July 16, 2009)
• Implementing IPD: Process, Business Structures and Contracts, Session 3 of The Integrated Project Delivery Seminar Series, San Francisco (April 28, 2009) and Los Angeles (June 4, 2009)
• Introduction to IPD, Session 1 of The Integrated Project Delivery Seminar Series, San Francisco (February 26, 2009) and Los Angeles (April 2, 2009)
• Building Information Modeling: Issues and Implementation, Boston Society of Architects, Build Boston (November 13, 2008)
• Integrated Project Delivery, Construction Management Association of America Annual Conference (October 13, 2008)
• Legal Issues Surrounding the Use of Building Information Modeling For Design and Construction, Society of Construction Law BIM Annual Conference (October 6, 2008)
• “Saving the Trees and Managing the Paper: Developing Meaningful Contract Terms for Construction Project Electronic Communication Protocols,” American Bar Association Forum on the Construction Industry (September 2008)
• Building Information Modeling and Integrated Project Delivery, GeneAcres Panel on Integrated Project Delivery (September 24, 2008)
• Integrated Project Delivery Salon, AIA San Francisco (September 23, 2008)
• AIA and ConsensuDocs: Approaches to Digital Exchange of Construction Documents, ABA Forum Fall Meeting (September 12, 2008)
• Building Information Modeling: A Report from the Field, CNA/Schinnerer Invited Attorneys Meeting (June 5, 2008)
• American Council of Engineering Companies, Legal Counsel Forum, BIM and IPD (April 29, 2008)
• American Institute of Steel Construction, Legal Issues in the Use of BIM (April 1, 2008)
• Building Information Modeling: Framework for Collaboration, Structural Engineer’s Association of California (March 13, 2008)
• Building Information Modeling: Issues and Implementation, Boston Society of Architects, Build Boston (November 13, 2007)
• Building Information Modeling and IPD, University of California, Project Management Institute (November 2, 2007)

• United States Supreme Court
• State of California
• U.S. Court of Appeals, 9th Cir.
• U.S. District Court Northern California
• U.S. District Court Eastern California
• State of Nevada
• U.S. District Court Nevada