Here’s a quick overview of a recent meeting discussing the legal aspects of BIM held July 2013.
‘Experts’ we gathered by RIBA Enterprises to discuss the topic. Key items a noted below:
1. CIC Protocol requires employers/onwers to put the protocol in place for all team members and upate the model production delivery table is updated and that an information manager is appointed.Project team members are required to provide specified levels of information, with a reasonable level of care.
2. Key to manage expectations early on in the project.
3. Protocol doesn’t really change liability in itself. That said, the concept of Level of Detail (LOD) become important in determining what information is considered ‘sufficient’ when team members are delivering information to “employers/owners”. Greaeter definition is required for both “data”, i.e. COBie and geometries.
4. Common data is a central requirement and robust management/business rules must be followed to assure development and use.
5. An information manager should not be confused with a design manager. The information manager role spans multiple disciplines / competencies.
6. Copyrights and other intellectual property issues are not any more complicated and appropriate licenses/rights should be established/obtained for owners/team use at the onset of the project.
The key principles of the application of the CIC BIM Protocol are as follows:
-
All parties that are responsible for the production of Building Information Models on behalf of the Employer should have the Protocol incorporated into their contract/appointment.
-
The same version of the Protocol and Appendices should be incorporated into each contract.
-
The wording of the CIC BIM Protocol should not be amended
-
The Protocol should detail all Building Information Models that are going to be produced by all parties contracted to the employer on the project
-
The Appendices have to be completed with project specific information for all projects. This should be available from pre-appointment documentation such as the Employer’s Information Requirements.
-
Changes to the Protocol and its Appendices should be treated as variations to the Contract
–http://www.bimtaskgroup.org/bim-protocol/
BIM-Protocol-appendix-2 (1) BIM-Protocol-Appendix-1 The-BIM-Protocol
via http://www.4Clicks.com – Premier cost estimating and efficient project delivery software – JOC, SABER, IDIQ, MATOC, SATOC, MACC, POCA, BOA… featuring integrated contract, project, and document management, visual estimating/QTO, and an exclusively enhanced 400,000+ RSMeans line item cost database with line item modifiers and full descriptions.
Note: The above is not intended as legal advice of any type, but rather a simple report on the session.
