Howard W Ashcraft

Practice Areas

Construction

IPD/BIM

Infrastructure

Green Building

Litigation and Dispute Resolution

Career

Howard has represented owners, designers and contractors in major construction litigation. He is particularly skilled at developing targeted litigation strategies that break down complex concepts into themes that resonate with arbitrators, judges and juries.

He is also actively involved in developing new approaches to construction project delivery that will avoid many of the issues seen in problem projects. Along with other members of the AIACC's interdisciplinary taskforce on Integrated Project Delivery, he developed the theoretical and practical underpinnings for Integrated Project Delivery. These were first stated in AIACC's Integrated Project Delivery: A Working Definition (updated 2014) and the joint AIA/AIACC Integrated Project Delivery: A Guide, both of which he co-authored. He also was a principal co-author of Integrating Project Delivery (Wiley 2017) and the recently released IPD: An Action Guide for Leaders (Pankow 2018) and numerous other papers, articles and book chapters.

He has a practical understanding of IPD as well. Along with the Hanson Bridgett IPD team, he has structured more than 140 pure IPD projects—most of which also used Lean methodologies. 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 worked 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 subgroup. 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.

Howard is an Adjunct Professor at Stanford University in Civil and Environmental Engineering.

Professional Memberships

Adjunct Professor, Stanford University, Civil and Environmental Engineering

Associate Fellow, Saíd Business School, Oxford University

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

National Building Information Model Standard, Versions 1 & 2, Subcommittee Chair

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

Canadian College of Construction Lawyers, Honourary Fellow

Construction Owners Association of America

Member of Board Advisors for “Garner on Drafting and Editing Contracts” by Bryan Garner

Publications

"Transforming Project Delivery: Integrated Project Delivery," Oxford Review of Economic Policy, Volume 38 (2022)

Chapter Author, Collaborative Construction Procurement and Improved Value (Wiley 2019)

Garner’s Guidelines for Drafting and Editing Contracts, Advisory Board Member, West Academic (2019)

"IPD- Built Revolution Podcast (Ep. 19)," co-presenter, Built Revolution Podcast (December 2018)

Chapter Author, Construction Law Handbook, 3rd Ed. (WoltersKluwer 2018)

Chapter Author, Collaborative Construction Procurment (Wiley 2018)

“Integrated Project Delivery: An Action Guide for Leaders”, co-author, (Pankow 2018) The first manual focused on how to commence and execute and IPD project.

"Integrated Project Delivery Solves Pervasive Design Issues," Design Intelligence (January 2018)

"Integrating Project Delivery", a university level text co-authored with Prof. Martin Fischer, Dean Reed and Dr. Atul Khanzode (March 2017)

"IPD Advice from Owners," IPD/BIM Alert (February 2017)

"Negotiation is the First Collaborative Act," IPD/BIM Alert (December 2016)

"Missed Opportunities: Mistakes that Limit IPD Success," IPD/BIM Alert (September 2016)

"Targets of Opportunity: The Art of IPD Target Setting," IPD/BIM Alert (July 2016)

"All Aboard..." IPD/BIM Alert (May 2016)

"Location, Location, Co-location," IPD/BIM Alert (April 2016)

"Values First," IPD/BIM Alert (March 2016)

"Improving Green Building Construction in North America: Guide to Integrated Design and Delivery," collaborator, Commission for Environmental Cooperation (2015)

"Integrated Project Delivery: A Prescription for an Ailing Industry" Construction Law International, Volume 9 Issue 4 (December 2014)

"The Transformation of Project Delivery," The Construction Lawyer: Journal of the ABA Forum Construction Law, Volume 34 (November 2014)

Integrated Project Delivery: An Updated Working Definition, principal author, The American Institute of Architects California Council (2014)

"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)

BIM for Facility Managers, Chapter 4: "Legal Issues When Considering BIM For Facilities Management" (Wiley April 2013)

"Chapter 4: Legal Issues When Considering BIM For Facilities Management," co-author, BIM For Facility Managers (April 2013)

Work Highlights

Procter & Gamble, Cincinnati OH. Represented P&G in transforming their project delivery using Lean IPD principles, including developing the base IPD agreements and providing training and project counseling on projects in North America and Europe.

Brown University, Providence RI. Represented Brown University in a series of IPD projects, including the New Engineering Building and the upcoming Performing Arts Center.

Amgen, Thousand Oaks CA. Represent Amgen on their Lean IPD projects including developing strategy, contract documents and training. Projects include laboratories, offices and manufacturing in the United States and Puerto Rico.

Canadian Nuclear Laboratories, Ltd., Chalk River, Ontario. Represent the operating company in a government owned/contractor operated nuclear research facility in executing two capital projects using Lean IPD principles and contracts. Services include strategy, training, negotiation and contract development.

Red Deer College, Red Deer, Alberta. Represented a public college in implementing its first IPD project.

Confidential Client. Represent multinational biotech/pharmaceutical company in developing their collaborative project delivery strategy, including representing the client in a series of IPD projects in the continental US and Caribbean.

Confidential Client. Represent a multinational entertainment company in the implementation of IPD projects across a broad spectrum of project types and sizes, several of which exceed $500MM in design and construction value.

Confidential Client. Represented a semi-conductor manufacturer in its implementation of IPD projects and principles across several projects, several of approach or exceed $1B, both in the United States and abroad.

Confidential Client. Represent international bio-pharmaceutical firm in major infrastructure improvements using Lean IPD principles and contracts.

Healthcare Systems. Represent a wide array of health care systems and individual hospitals in the delivery of major infrastructure projects using Lean IPD principles and contracts.

National Institute of Building Sciences. Under a contract with NIBS, counseled the Veteran's Administration regarding its updated approach to Building Information Modeling.

Sykehuset i Vestfold. Advise public hospital district on implementation of IPD for a regional hospital in Tønsberg, Norway.

Compania de Nitrogeno de Cantarell. Represented an international consortium in a delay, impact and defect claim against the Engineer Procure Construct, contractor. Claim value was in excess of $120 MM.

Commercial Metals Company. Represented a subsidiary in a delay, impact and extras claim arising from a design/build contract for a Las Vegas casino. The project included significant insurance coverage, as well as construction issues.

Education

Awards