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Artificial Intelligence In The Construction Industry On The Verge of Transformation

July 22, 2018 No Comments

By Stan Bachman Attorney & Founding Member, Morefield Speicher Bachman, LC For a $10 trillion industry, technology remains a surprisingly small part of the construction business, especially when it comes to artificial intelligence (AI). Change is coming. According to a 2018 McKinsey & Company report, AI is gradually emerging in the construction industry with the possibility to upend the entire business. This is not just a solution in search of a problem. Because, it could dramatically help reduce cost and schedule overruns, lower job site injuries, and allow other entrants to pose significant challenges to established players. To be clear, AI isn’t going to show up as a one-size fits all solution in the near term. Adoption will take time. There are dozens of stakeholders that need to be part of an AI-based ecosystem. But, make no mistake, AI is coming to a construction firm near you. Already, parallel industries like manufacturing and transportation have begun to utilize AI. These industries – which have long-established relationships to construction – have discovered synergies and strengths by breaking down traditional barriers between each other. Today, they’re interacting more like ecosystems instead of separate silos. The construction industry will soon discover the same efficiencies. While the industry might be slow to adopt this model, the advantages are compelling enough to suggest that change is on the horizon. And, let’s not forget that well-established players are vulnerable to new entrants with radically different technologies and vision. Just look at the way Amazon grew from an online bookseller to the world’s largest retailer that now delivers groceries – and might soon move into the traditional pharmacy business. Where AI Could Be Applied In Construction – Planning and scheduling. – Predictive outcomes. – Supply chain optimization. – Robotics for prefab or modular construction. – Image recognition to improve safety. – Machine learning / deep learning algorithms could have a dramatic impact on improving quality control; claims management; maintaining talent; and maintaining a competitive edge in project bids by improving margins and cost analyses. ALICE Is Already Here Silicon Valley start-up, Alice Technologies, Inc. has created an AI-based assistant that focuses on tedious tasks like scheduling. Dubbed ALICE, it’s designed to alleviate the time-consuming number-crunching effort involved in project planning and management. Here’s how it works. A scheduler – along with subcontractors, architects, engineers, project managers – sets up the scope of the project with a rule set. It includes a range of variables like tasks, resources available, and calendars. Once all data and variables are established, ALICE creates scheduling scenarios within minutes – a task that has typically taken weeks. It also suggests the best scenarios and includes 4D and 3D models, Gantt charts and time-cost curves. Proof of ALICE’s effectiveness was demonstrated in a pilot project for Mortenson Construction. ALICE produced 22 strategies and cut the project schedule by 84 days. Other functions allow users to modify rule sets along the way in response to changes in the schedule, materials, and budget. For example, ALICE can suggest adding additional crews for a week or two and helping with crew utilization rates. Summary AI holds great promise for the construction industry. But, with the “new” comes disruption. Existing players could be upended by new, more nimble entrants with radically different approaches and technologies. And established players will have to adopt – and adapt – just to remain competitors in the game. Naturally, the legal implications of AI for the construction industry are just beginning. The legal field is closely watching these developments while developing legal strategies for its construction clients.

4 Reasons to Give Truckers Extra Space

July 19, 2018 No Comments

Whether you pass trucks on the highway during your daily commute or are going on a family road trip this summer, you should know that trucking crashes happen and they can result in serious injuries and even death. Driving around trucks is different than driving around other cars and we hope you’ll keep these tips in mind to avoid a crash. Give truckers more room than you would for a regular car. There are a few reasons for this. 1. Tire blowouts. Ever noticed some chunks of rubber on the highway? That’s from a truck’s tire blow out – and these can happen with little warning. Not only do you not want that rubber flying in your face, a blowout can cause a truck to begin swerving unexpectedly. 2. Wind. Some think that trucks, because they are so heavy, are unaffected by the wind around us. Ever feel the wind blow your car around a little bit? It happens to trucks too and may even be more exaggerated. Because trucks are larger vehicles, the wind can create a “sail” like effect which can be difficult for truck drivers to control – this could result in a truck drifting over into your lane. 3. Blind spots. Every car has blind spots. But, the number and size of blind spots in an eighteen-wheeler or other large truck are huge. Avoid truck blind spots. If you can’t see the truck driver in one of the truck driver’s mirrors, the truck driver probably can’t see you. If passing, pass quickly and on the left side of the truck. And remember, there may even be some blind spots in the front of a tractor trailer. 4. Wide turns. Because of their size, trucks make wide turns. Combine this with their blind spots and if you fail to give the truck enough space, you could unexpectedly get caught in a blind spot during a trucker’s turn. We never want any of those 4 things to happen to you and your family. So, remember, always give truckers extra space and have an escape route. If traffic requires you to drive in what may be a trucker’s blind spot, have a plan in case the truck makes a sudden movement in your direction. Or, slow down to get out of the blind spot. Know someone going on a trip soon? Share this with them to help them keep their family safe as well.

3 Ways Attorney Stan Bachman’s Unique Approach to Construction Law Helps His Clients

June 4, 2018 No Comments

If you’ve worked with Stan before, you probably know that his background is actually in construction – which is a perfect fit, considering he’s a construction lawyer. His 25 years of experience as a general contractor and business owner brings a unique perspective for a construction lawyer. Not only does he understand the legal aspects, he also fully understands the practical aspects of a construction business. He combines those to create realistic, valuable solutions for his clients’ needs. In Stan’s construction work, he experienced and navigated labor shortages, bad estimates, bad subcontractors, litigation claims and both large and small contracts. He learned the business side of things as a business owner. Stan has learned how to bring a calmness to situations where there tend to be a lot of tempers. His practical construction, business and legal experience all combine to create a unique, experienced approach to construction law issues. Stan helps his clients in 3 main ways: Prevention, Triage and Remediation. Many of Stan’s clients come to him before they have a legal issue. Stan helps them understand and obtain insurance for defects and actions, insurance for property and bodily injury and negligence. Stan wants to help construction firms plan for potential issues to heed off massive cost to the company; when issues do arise, his clients are prepared for them and face minimal loss. Stan also helps clients in what he refers to as the Triage stage – meaning a client is going through an urgent situation and needs immediate help to mitigate potential damages. He helps clients make quick decisions to mitigate damages when litigation is on the horizon or has already started. Stan is always looking out for both the short and long-term consequences and goals for the firm. In some cases, the whole matter cannot be resolved in the triage case and the firm is still facing long-term exposure. In these cases, Stan takes a remedial approach – what can we do to fix the problem? This may involve negotiations, it may involve litigation. Stan sticks with his clients through the long-haul to ensure the best outcome for the firm. Interested in how Stan could help your construction firm? Give us a call today.

5 Things Insurance Companies Don’t Want You to Know

May 31, 2018 No Comments

Unless you have been in an accident, you’ve probably had little opportunity to deal with an insurance adjuster. As long as you pay your premiums on time, you feel you have a good working relationship with your insurance company. That can change drastically, however, when it comes time to make a claim. It’s important to always keep in mind that an insurance company is in business to make a profit. They are not necessarily your friend when it comes to paying a claim. Often, they are going to try and pay the lowest amount possible to you to make you go away. Here are 5 important things to keep in mind when dealing with insurance companies: Insurance Companies Don’t Want You to Hire a Lawyer When dealing with an insurance adjuster, you may get the distinct impression that it will not be necessary to hire a lawyer. They will tell you that it will only add to your expenses. They will tell you that you and the adjuster can reach a settlement. It is important to remember that they are not on your side. Even if they agree to settle a claim, it may be for far less than you might be owed. A good lawyer will help you identify all of the losses you are entitled to recover based on your insurance and the insurance of the wrongdoer who caused your injuries. Quick Settlements Aren’t Necessarily a Good Thing If your insurance company offers you a quick settlement, think twice before you accept it. It may be tempting to take a quick settlement so that you can move on with your life. Keep in mind, however, that if the insurance company is settling quickly, they know you have a valid claim. It may mean that you could get more if you wait and thoroughly explore your options. More importantly, you may not have a complete understanding of the full extent of your injuries, the cost of future medical treatment, or the amount of time the injury may cause you to miss from work. Once you have settled your case, you will not be able to ask the insurance company to cover losses you didn’t know about at the time you signed the settlement agreement. It pays to be patient and to carefully evaluate your injuries and losses. Beware of the “Three Ds” The three “Ds” for some insurance companies are delay, deny and defend. Some insurance companies will drag their feet hoping that you will lose interest and give up on pursuing a claim. They may also initially deny a claim for the same reason. They are hoping that you will take them at their word and go away. Should you continue to pursue your claim, they will vigorously defend their position. This is why it is so important to have a lawyer working on your behalf. The rules of the game change when a lawyer is involved, and you will have a strategic edge to cut through many of the ploys that can discourage a claimant from pursuing what is owed to them. Recorded Statements Can Hurt You After you contact your insurance company or the wrongdoer’s insurance company about your injury, they may ask for a recorded statement from you. Be wary of this. Right after an accident you may still be shaken and uncertain as to what exactly happened. Be aware that your statement can be used against you. It may be better to delay giving a statement until you have hired an attorney. Never give a statement while you are on heavy medication or if you are confused following a head injury. They Hope You Don’t Have Documentation The more evidence you have regarding your accident, the better your chances are of winning your claim. If you have pictures, receipts, journals, and medical reports, the insurance company is going to have a harder time claiming that you are not owed compensation. After suffering a personal injury, dealing with an insurance company can be very tricky. It is important to consult an experienced and honest attorney for guidance. We will review the facts surrounding your case, and let you know if it is in your best interest to hire us. If so, we will create a plan of action moving forward. Don’t let the adjuster convince you that you can handle it yourself and save some money. This may not be the case. In fact, this line of reasoning could cost you more than you realize.

Managing Risk in the Construction Industry

May 30, 2018 No Comments

In a way, the construction industry is a lot like the healthcare industry. Many patients wait until they are seriously ill to see a doctor. Insurance policies may have something to do with that tendency – most health insurance companies are more likely to pay for emergency care than they are to pay for preventative medicine. But this dynamic is not present in the law. Attorneys are always available to assist clients, whether or not there is litigation on the horizon. In fact, managing risk may be the most cost-effective solution for those in the construction field. That’s true even considering any remedial expenses that your attorney recommends. What to Look Out For The Occupational Safety and Health Administration is a rather small agency. It has fewer than 3,000 inspectors to monitor the health and safety of 130 million American workers. As a result, some construction companies are tempted to cut corners on safety and run the risk of an inspection. This strategy often works in the short term. It may be weeks or months before OSHA uncovers a safety violation. But eventually, an inspector will issue a citation. Even worse, someone will get hurt. Either scenario, especially the latter one, could expose your company to massive liability. A much better approach is to be proactive. If you partner with an attorney that understand the construction industry, as opposed to one that just knows litigation, that is even better. This vigilance is especially valuable in the likely OSHA areas of scrutiny. Some of these problem areas include: • Falls: These injuries almost perennially rank atop of OSHA’s “Fatal Four” list. Some construction companies believe that merely providing safety equipment is sufficient. But you must also provide training on how to use the equipment. Furthermore, many construction workers are LEP (limited English proficiency) individuals. So, the instruction must be in a language they can understand. • Labeling and Hazard Communication: This is a high-citation area because it is so technical. If a chemical or other substance requires a warning, said warning must contain both script and a pictograph. But not just any picture will do. Making matters even more complicated, OSHA recently changed the rules in terms of both labeling and substance classification. • Respiratory Protection: Breathing problems are a leading cause of workplace injuries. These issues often stem from exposure to a toxic substance, like asbestos or benzene. Toxicity-induced respiratory diseases often take years or decades to develop. Although the claims statute of limitations has long expired by the time an individual shows symptoms, your company may still be liable for damages. Other OSHA hotspots include safety issues regarding heavy machinery, motor vehicle accidents, and electrical problems. How to Manage Your Construction Company’s Risk Personal injury claims are usually the most costly claims for construction businesses. A serious injury may cost more than $100,000 in medical bills alone. If the accident involves several people or causes a death, the damages can be much, much higher. Two types of insurance help minimize these risks. • Commercial General Liability: These policies usually cover bodily injury and injuries to property, but they do not cover defective workmanship. For example, if a poorly-constructed brick facade collapses on a bystander, the CGL policy will cover the personal injury but not the reconstruction of the brick facade. • Workers’ Compensation: CGL policies are technically optional, but workers’ compensation insurance is almost always mandatory. These policies cover injuries to workers which occur .within the course of the employee’s scope of employment. The laws vary significantly as to the coverage for occupational diseases and preexisting conditions. When it comes to your construction business, an ounce of prevention really is worth a pound of cure. For more ways to minimize your risk and maximize your profits, contact Morefield Speicher Bachman, L.C. today. Our main office is conveniently located in Overland Park. Sources: https://www.osha.gov/oshstats/commonstats.html https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3217554

Andrew Speicher: An Attorney with Heart

May 15, 2018 No Comments

Andrew always knew his calling was to help people. After all, this path started for him long ago. There are few experiences more formative than growing up as “the Pastor’s kid.” Andrew would watch his father and maternal grandfather work to provide support and leadership to their local church congregations. And he observed, very early, how that steadfast commitment to the community wasn’t just confined to weekly services. Andrew also took special note of the way his paternal grandfather, a teacher, lived out his faith by ministering to everyone around him and serving the needs of others despite never working a day in his life as a pastor. Each thread of their faith was intertwined with resolution: to seek every opportunity to make a real difference in people’s lives – in the workplace, at home and in the neighborhood. At a young age, Andrew was taught to love and be of service to others. Growing up, this powerful ethic transformed into a passion for helping those in need. Later, he found that the unique combination of analytical thinking and opportunity to give back made the legal profession the best avenue to pursue this calling. And it was. After earning a B.A. in History and Business Administration from Mid-America Nazarene University in Olathe, Kansas he moved on to Drake University School of Law in Des Moines, Iowa where he graduated with a J.D. He was first appointed by the State of Missouri as a Trial Attorney in the Public Defender’s Office and after two years continued his journey in private law firms. During his next eleven years in private practice, Andrew represented individuals across all walks of life, and businesses in various industries, in matters ranging from serious personal injuries and wrongful death to business litigation and dispute resolution. Today Andrew has been practicing law for nearly seventeen years. He is a founding member of Morefield Speicher Bachman, LC, a firm that is based on the bedrock principles of integrity, hard work, excellence, stewardship, and services to others. Let’s face it – some attorneys just don’t care and will tell you what you want to hear in order to make a buck. But not Andrew and his partners. When a potential client first walks through the door, Andrew’s first concern is always whether he is the right fit for them, not whether the client’s case can benefit his firm. The most important question is “What is best for the client?” And if the client will be better served by hiring a different attorney, Andrew will be the first to offer a referral recommendation. Whether it’s a personal injury, wrongful death, business formation or business litigation case, Andrew leverages his industry expertise to both advise clients on how to achieve the best result for their case, and to counsel them through what is often a very painful and discouraging season of life. This helps many clients concentrate on recovery and restoration and moving forward with their lives, while he fights for the greatest possible outcome. But it doesn’t just end there. Andrew’s core principles have led him onto a path of stewardship and service in more ways than one. From pro-bono cases to volunteering, for years he has helped serve and support causes that assist low income individuals and families in getting back on their feet. His contributions have had a lasting effect in the Kansas City area community. If you have a personal injury, wrongful death or business litigation legal claim, come in and speak with Andrew. He will give you and your case the time and consideration it deserves and will always strive to do what is in your best interest, no matter what it takes. We at Morefield Speicher Bachman believe that everyone should have the opportunity to tell their story and hear about the legal process involved. Your first consultation is completely free.