BIM – Is it legal?

Date: 18th November 2013

In the latest blog of our series looking at Building Information Modelling (BIM), Constructive provides a snap shot of Sarah Rock’s recent article published in Construction Law, ‘BIM – Is it legal?’.

BIM is an advancement in technology from traditional 2D and 3D Computer Aided Design (CAD). BIM allows for 3D modelling of a construction project with a layer of parametric data or information embedded within the objects which make up the model

In some ways BIM can be seen to simply be an extension of the current design process. CAD engineers have traditionally exchanged data and layered other discipline’s drawings over their own. However, in reality BIM’s use brings with it various nuances which have the potential to lead to dispute if not documented and managed correctly.

Whilst awareness and adoption of BIM is becoming more commonplace within industry, the legal documentation providing the backbone for construction projects has not followed at the same pace. BIM brings with it very subtle changes to the design process, changes which are not reflected in traditional standard contractual documentation utilised in the construction industry, for example the BIM protocol.

A BIM protocol is intended to provide commonality across the design team for a project with regard to the structure, co-ordination and use of project information. The protocol dictates various elements which are crucial to the smooth running of a BIM-enabled project.

An employer will look for certainty with regard to the competence of its BIM design team. Whilst there are standards in place relating to BIM, notably British Standard PAS 1192-2, what are the standards for individual model designers? The shift in technology will require consultants to exercise the reasonable skill, care and diligence to be expected of a properly qualified and competent consultant (including in relation to BIM) – a slight but crucial change in wording is required when drafting BIM project appointments. But how such competency is to be measured is still unclear.

A key element of BIM which is likely to be of value to an employer is the completed, fully incorporated model. Not only does this model offer the benefits before works start on site of project visualisation and prefabrication, but possibly the main value of using BIM may come to the fore post-completion. The 3D model, complete with embedded data, offers a virtual facilities management environment. The model provides a ready-made and accurate building asset register alongside a 3D environment allowing virtual walkthroughs which can assist with locating and accessing faults.

The introduction and adoption of BIM is changing the face of the construction industry. Design teams are implementing smarter working methods, allowing for smoother and more efficient progress on site. The contractual documentation which underpins this revolutionary process now needs to be fully addressed to ensure all legal obligations and liabilities are covered and that BIM is truly a legally enforceable tool.

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