The Forensic Marketplace 2020 and Beyond... Part 5: Environmental Mega-Trends

Introduction

The American Institute of Architects (AIA) hosted their 2009 National Convention this past spring in San Francisco, CA. Nearly 22,000 AIA members attended the 4-day event which included an extensive selection of seminars on specific topics to interest both practitioners and consumers of architectural services alike. Among the seminars personally attended was a 90-minute discussion provided by the Advanced Management Institute for Architecture and Engineering as a review of the mega-trends that are anticipated within our industry along with their expected impacts within the next decade or two. Rather than reframe each of the concepts as presented by Mr. Steven Isaacs, Assoc. AIA on that day, the intent of this series is to offer a personal forecast of how the construction litigation industry may specifically be impacted by these social, technological, economic, political and environmental mega-trends. The expert consultants engaged within this industry will need to address a rapidly evolving architectural and engineering marketplace and must adjust their focus to properly assess the conditions specific to this new marketplace. Given the broad scope and nature of the pending discussion, I have elected to I submit a series of posts on a weekly basis to allow for a more concise presentation of readily digestible content. Each post will focus upon just one of the five total mega-trends to be discussed.

The following is the fifth and final installment within a discussion of how the construction litigation industry may specifically be impacted by social, technological, economic, political and environmental mega-trends.

Part 5: Environmental Mega-Trends

As a worldwide shortage of natural resources is imminent, the distribution, health and politics of a population will surely be impacted. In particular, provisions for a steady supply of water will be a significant challenge for future development of almost any scale and in most any region. In conjunction with the demand for sustainability, public pressures to restore the natural environment and its resources will become a universal concern. Alternate energy sources will be addressed by necessity. The ongoing debate over global climate change will become more clearly focused. The perceived impacts of climate change will be better quantified as additional evidence become available.

CONSTRUCTION INDUSTRY IMPACT:

The practice of "green design" will now be considered a basic skill of an A/E/C firm rather than the specialized interest of the past. Relationships as established for sustainable design services along with safety and environmental standards will be promoted by A/E/C firms as a competitive edge within the marketplace. The continued dependancy upon natural resources will provoke an increased demand for qualified consultants to search for or assist in the cultivation of future natural resources.

CONSTRUCTION LITIGATION IMPACT:

The increasing emphasis within the design community on the creation of "green" environments will spawn a larger network of non-traditional Architectural / Engineering / Construction firms performing these services. More A/E/C firms than before utilizing an ever expanding recipe for "green" design and construction may boost the incentives or add to the opportunities to resolve project shortcomings through litigation. In support of the requirements for environmentally conscious and responsible design, more stringent standards for building as well as increased studies to assess infrastructure and zoning impacts will be required for both new construction and rehabilitation projects. The initial cases for "green" construction issues as brought to the courts for resolution will serve both as a foundation for future litigation as well as provide a guideline for potential exposure and liability on behalf of these A/E/C firms.

EPILOGUE:

Within a world wide dispersal of clients and projects, a global consolidation of A/E/C firms can be expected. In this scenario, one can anticipate a shorter list of competitors on major public or infrastructure related projects. The viability of these A/E/C firms will be determined by their design and analytical skills as well as by their efficiency employed in project delivery. Newer and faster project delivery methods along with integrated services as provided by a single source, i.e. the A/E/C firm will become the blueprint for future development.

CONSTRUCTION INDUSTRY EVOLUTION:

The future role of an architect will become more focused upon the research and facilitation of projects rather than the conventional never-ending process of design and document preparation. The construction sector, i.e. the building contractor will most likely assume the task of preparing the building plans and specifications. The architect who functions only as a designer will become a relic of the past. Architectural firms that are either very large conglomerates or very small boutique oriented operations have the best chance for survival in the new world. While mid-sized firms are at a distinct disadvantage, those that will endure and remain viable will do so from either creativity or specialization.

Victor Dominelli, AIA