Howard Ashcraft

Howard W. Ashcraft Jr.

Partner

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Litigation and Dispute Resolution
Litigation and Dispute Resolution
San Francisco

Howard is a skilled litigator with tremendous experience in the construction industry. He is actively involved in developing new approaches to construction project delivery that will avoid many of the issues he has seen over the course of his career. In particular, he has worked as a steering committee member and legal and risk chair of the AIACC's interdisciplinary taskforce on Integrated Project Delivery. He was a contributing author to the AIACC's Integrated Project Delivery: A Working Definition and the joint AIA/AIACC Integrated Project Delivery: A Guide. These documents reflect the most current thinking regarding use and implementation of collaborative project delivery methods. Howard recently received the president's award from the AIACC for this work.

According to Chambers USA, Howard is Band 1 rated and “has a solid practice representing design professionals and public owners. Like the firm, he is especially praised for his knowledge of IPD-related work. Clients say: He is a very clear-headed attorney who is the country's leading authority on alternative project delivery models in construction."

In parallel, Howard has been working with the congressionally-chartered National Institute of Building Sciences to develop the National Building Information Modeling Standard. He currently heads the institute's legal and risk sub-group. Building Information Modeling is the use of object-oriented, intelligent databases that not only can use 3D design tools to characterize existing architectural and engineering design, but can be used to explore and manage construction processes, energy optimization, sustainable construction, costs and facility management.

Representative Work

Autodesk, Inc. Hanson Bridgett represented the owner, Autodesk, Inc., in the development of two high-profile LEED® Platinum commercial projects delivered under multi-party IPD agreements with extensive use of BIM.

MaineGeneral. This will be the largest construction project in Maine and the largest pure IPD project in New England. We serve as project counsel and have facilitated the contract negotiations between the key parties and have drafted the principal IPD agreement and related documents.

UCSF Medical Center, Mission Bay. Hanson Bridgett participated with UCSF legal staff in developing highly incentivized public contracts for the construction of a new targeted LEED® Gold certified research and clinical hospital.

Sonoma Valley Healthcare District. Sonoma Valley Hospital is the first public hospital in the State of California to be delivered using a design-build project delivery method. Hanson Bridgett was retained to develop a project format that embodied key elements of IPD within their “best value” design-build statute.

Publications

"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)

IPD Framework, Hanson Bridgett White Paper (July 2012)

IPD Teams: Creation, Organization and Management, Hanson Bridgett White Paper (December 2011)

"Negotiating an Integrated Project Delivery Agreement," The Construction Lawyer (Summer 2011)

"Building Information Modeling (BIM) Issues and Implementation in Collaborative Projects," Construction Law Journal, State Bar of Texas, 9 (2) (Winter 2011)

"Chapter 19: The Expert Consultant and Witness," Forensic Structural Engineering Handbook, Second Edition (2010)

"Furthering Collaboration," chapter author, Building (in) The Future: Recasting Labor in Architecture, Princeton Architectural Press (2010)

"Developing Meaningful Contract Terms for Electronic Communications on Construction Projects," The Construction Lawyer (Spring 2009)

"Chapter 5: The Use of Technology for Project Collaboration and Building Information Modeling," co-author, Construction Law Handbook (2009 & 2010)

"Building Information Modeling: A Framework for Collaboration," Construction Lawyer, Vol. 28, No. 3 (Summer 2008)

“Chapter 8: Deciding to Litigate: A Practical Guide to Electronic Discovery in Construction Disputes,” Managing and Litigating the Complex Surety Case, Second Edition (2007)

"Integrated Project Delivery: A Guide," contributing author, The American Institute of Architects (2007)

"Integrated Project Delivery: A Working Definition," contributing author, The American Institute of Architects (2007)

“Chapter 5: Liability on the Contract,” co-author, Architect and Engineer Liability: Claims Against Design Professionals, Third Edition (2006)

“Chapter 5: Legal Aspects of Condition Assessment and Reporting,” Structural Condition Assessment (2005)

“Chapter 1: Avoiding and Managing Risk of Differing Site Conditions,” Differing Site Condition Claims (1992)

See All Publications

Presentations

"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)

“Presentation on Relationship between BIM & IPD, ” Ontario Architects Association Conference (May 2013)

“Structuring an Integrated Project,” keynote speaker, University of North Carolina, School of Architecture and American Institutes of Architects (February 2013)

“IPD: Key Points and Panel Discussion,” American College of Construction Lawyers Annual Meeting (February 2013)

P2SL-LCI American Institutes of Architects Lean Design Forum (February 2013)

Institute for BIM in Canada Conference, keynote speaker (November 2012)

“Integrated Project Delivery,” 14th Annual Lean Construction Institute Congress (October 2012)

"Integrated Project Delivery," co-speaker, CoreNet Global SLCR Forum (October 2012)

“Integrated Project Delivery,” British Columbia Construction Roundtable Breakfast (September 2012)

“Integrated Project Delivery,” Lean Construction Institution; Workforce Institute (September 2012)

"Legal Issues Regarding Building Information Modeling (BIM)," co-speaker, BASF - Barristers Construction Law Section (September 2012)

"Structuring an Integrated Project to Optimize Outcome and (appropriately) Allocate Risk," Northwestern University Symposium on Technology for Design and Construction (August 2012)

"Integrated Project Delivery for Healthcare," American College of Healthcare Executives (March 2012)

"Integrated Project Delivery," Young Presidents Organization (January 2012)

"BIM...Look both ways before you leap!" Ontario Association of Architects (October 2011)

"Integrated Project Delivery: Getting Under the Hood," AGC IPD & Lean Construction Building Conference (September 2011)

"New Trends in Hospital Construction," moderator and panelist, Massachusetts Building Congress (September 2011)

"The Structure of Integrated Project Delivery,” Canadian College of Construction Lawyers (June 2011)

“Key Elements of Integrated Project Delivery,” LinCP Forum (April 2011)

“Integrated Project Delivery,” University of California Berkeley Civil Engineering Department (February 2011)

"Building Information Modeling and IPD," Building Futures Council Annual Meeting (November 2010)

"Bracing for Construction Claims During a Slow Economic Recovery," Hanson Bridgett's Public Agency Construction Seminar (October 2010)

“American Experience in Collaboration: How BIM is Reinventing Design and Construction,” ALM BIM Conference, Vancouver, B.C. (September 2010)

"Alternative Project Delivery for California Public Projects and Negotiating an IPD Agreement," The Integrated Project Delivery Seminar (September 2009)

"Building Information Modeling: Issues and Implementation," Boston Society of Architects (November 2008)

"Integrated Project Delivery," Construction Management Association of America Annual Conference (October 2008) 

"Legal Issues Surrounding the Use of Building Information Modeling For Design and Construction," Society of Construction Law, London (October 2008)

See All Presentations

Honors

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

Best Lawyers in America® (2006-2015)

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 (2004-2014)

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 Affiliations

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

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

Lean Construction Institute

Bar Association of San Francisco

American Bar Foundation (Fellow)

American College of Construction Lawyers (Fellow)

Litigation Counsel of America (Fellow)

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

American Institute of Architects California Council (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

Education

J.D., University of California, Berkeley Boalt Hall School of Law (1979)

A.B., Stanford University (1974)

Admissions And Courts

California

Nevada

U.S. Supreme Court

Professional Licenses

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

San Francisco

415-995-5073 Direct Phone
415-995-3460 Fax

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Firm Leadership

Construction Practice Group Chair