BIM Presentation 051619...Title: Microsoft PowerPoint - BIM Presentation_051619 Author: mstone...

Digital Practice

Michael BombaDirector & CounselAmerican Institute of Architects

May 23, 2019

Commonly Expressed BIM Legal Concerns• Ownership of Intellectual Property/Model• Scope of Work related to BIM

– What is being Modeled– Model Management– Post Construction Uses

• Potential Liability From Sharing Models• Impact on Standard of Care• Responsible Control Obligation

Ownership

• Ownership of What?– The Design or the Representation of the Design.

• Building Information Model is a manifestation of the Architect’s design services– They are Instruments of Service– Standard methods of addressing IOS exist and largely remain applicable.

• Typically a license to use IOS is sufficient to meet Owner’s needs

• Difficult to “own” the model

Scope of Work Related to BIM

• What does an Owner asking for BIM really want?– Vague Initial requests result in

misunderstandings– Often the initial requests grow, the BIM

related scope of work can creep.• Accordingly, clarity around scope is critical• What is being modeled and what are the

expected uses of the Model

Scope of Work - Model Management

• A Model can be a very complex compilation of information

• Additional complexity necessitates management– Compilation, maintenance, access protocols, archiving, etc.

• Additional work and liability?– Compensation– Insurance

Scope of Work - Post Construction Uses

• Clarity in expectations is paramount• Typically not a simple hand off of the model

at the end of project• Discuss potential uses early

– Model can be developed with ultimate uses in mind– Efficiency and clarity in scope– Owner can prepare for receipt and use.

Potential Liability From Sharing Models

• Significant Concern for Design Community– Caused by lack of control over what others may do with information in the Model– Resulted in extremely restrictive disclaimers that limit the useful sharing of Models– Paraphrasing such disclaimers: We are providing the Model to you, but its worthless.


• Significant Concern for Construction Community– Determining extent of reliability/completeness– Relying on bad info results in

• Delays• Re-work• Change orders• Claims


Solution– Mechanism to communicate Level of Development

and associated Authorized Uses.– Industry is developing a number of options to

accomplish this.– Coalescing around LOD (Level of Development)

System

AIA Digital Practice Documents

Three principal documents

•E203–2013, BIM / Digital Data Exhibit

•G201–2013, Project Digital Data Protocol Form

•G202–2013, Project BIM Protocol Form

Using the Digital Practice Documents

E203-2013 is prepared at the project outset, is incorporated into the relevant contracts, and

normally will not be revised.


E203 is not a standalone agreement; it is a contract exhibit.

It takes legal effect, and reaches the entire project, when incorporated to the contracts of all

Parties who may use Digital Data.

E203-2013, BIM / Digital Data Exhibit

1. E203 fosters a discussion between, and sets forth the basic expectations of, the Owner, Architect, and Contractor concerning transmission, use, and reliance on Digital Data.

2. Requires the Parties to Document core Decisions Regarding BIM

Purpose is clarity of expectations


• Post Construction Uses


Under E203, the Owner, lead A/E and Contractor must, “as soon as practical following the

execution” of their contracts, agree on and document detailed Digital Data protocols.

Risk of Use

E203 provides some contractual protection for Parties that use Digital Data per

the agreed protocols.

Parties that use Digital Data in other ways do so at their sole risk.


G201 and G202 protocols are frequently updated –with the agreement of relevant Parties – as project

circumstances change.

The AIA BIM protocol form isG202-2013, Project BIM Protocol Form

G202-2013, Project BIM Protocol Form

G202 is completed at a logical point near the project outset.

This is typically after the Owner, Architect, and Contractor determine their plan for BIM use, and after they hire key

consultants and contractors.


Filling in the blanks of G202 helps develop the plan for project BIM use.


G202 specifies minimum content requirements for Model Elements at five Levels of Development •LOD 100 (conceptual)

•LOD 200 (approximate quantities, size, shape, location)

•LOD 300 (specific quantities, size, shape, location)

•LOD 400 (fabrication, shop drawing detail)

•LOD 500 (field verified, as-built)

•LOD Scheme has had substantial adoption in the industry


G202 identifies Authorized Uses for BIM Model Elements at each LOD.

Authorized Uses are paired to Model Element content requirements at specific points in time.

Standard of Care

• Will BIM increase the Standard of Care?– Most likely it will . . . eventually– Standard of Care is flexible and intended to evolve along with

the practice.• This does not mean that using BIM in and of itself requires a

higher standard of care• Instead as the profession absorbs the advancements enabled

by BIM, the SOC will also absorb those advancements

Responsible Control

• Use of BIM will not change the obligation• May complicate compliance– Assignment of Modeling responsibilities to someone other

than the design professional (or someone under their control) makes it harder to satisfy responsible control obligation

– Firm’s workflows and processes need to reflect and address this reality.

State Agency Documents

The final contract document is a locked Adobe PDF with editable fill points

State Required Language Incorporated

Comparative Available

Value of State Agency Specific AIA Documents• Save time and effort and reduce errors

– Inline edits superior to Supplemental Condition– More efficient editing/negotiation process– Reduced likelihood of drafting error – starting from customized

template

• Anytime – Anywhere access– Hosted on AIA website– Browser + credit card = contract– Universal availability

• Extended availability for retired documents (36 months instead of 18)

State Agency Specific AIA Documents

Purchase Process


Development Process


State Agency Obligations

Contacts and resources

AIA Contract Documents Learn page:aiacontracts.org/learn

Questions about AIA document content:Email: [email protected].: (202) 626-7526

Michael Bomba Contact Information:Email: [email protected].: (202) 626-7483

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