Civil Engineering Reference
In-Depth Information
a managed 3D environment achieving integration by proprietary interfaces and 4D
program data, while BIM Level 3 involves full integration of data managed by a
single collaborative model server. Each member of the design team and also design
sub-contractors contribute to the project model.
ItisenvisagedthataBIMManager(alsoreferredtoinsomecontractsastheBIM
Information Manager) will be appointed with responsibility for management of the
model. hey may be the lead designer or this may evolve as a separate discipline. heir
role will include responsibility for user access to the model and coordinating and inte-
grating the individual designs into the model.
This leads to a number of potential legal issues, such as intellectual property rights
inandownershipoftheintegratedmodel,insurance,andalsotheresponsibilitiesand
liabilities of each designer who contributes to the model, as well as that of the BIM
Manager for such contributions (for example, for not identifying clashes), particularly
bearing in mind that there is likely to be a need to use the model for many years after
construction completion.
AkeydocumentforanyprojectusingBIMistheBIMProtocol,whichinmostcases
will be a contract document, for both professional appointments and the building
contract, and will set out the roles and responsibilities of the design team in relation
to the creation and updating of the model; access rights to the model; and the role of
the BIM Manager.
Itmaywellbethatconcernsastotheuncertaintyoflegalresponsibilitiesforthe
model are exaggerated and that it is no more complicated than the designer being
responsible for his own discipline-specific contribution in accordance with the usual
principlesof traditional design.Even so,it ispossiblethat thegrowthin theuseof BIM
will see a corresponding increased use in major projects of integrated design teams
led by a lead designer with a number of sub-consultants, so as to avoid the employer
being exposed to any gaps in responsibility.
The industry standard form contracts have addressed BIM in different ways. JCT
published a Public Sector Supplement in September 2011 which they then updated in
December 2011. In Scotland, the SBCC published a Public Sector Supplement for use
in Scotland, in November 2011. In relation to BIM, the Supplements include amend-
ments to the main JCT and SBC and SBC/DB forms which provide for the inclusion
of 'any agreed Building Information Modelling protocol' as a contract document, thus
imposing a duty on the Contractor to comply with the protocol. The April 2013 edi-
tion of the NEC3 includes references to the CIC Building Information Protocol. The
NEC has also published a new Guide:
HowtoUseBIMwithNEC3Contracts
,which
sets out some practical steps on using BIM, dealing with the contractual and technical
matters that arise.
These recent amendments made to the JCT/SBCC and the NEC3 forms of con-
tract to address BIM are of a fairly 'high level' nature, marked by the absence of
substantial amendments to the contract clauses. he NEC3 Guide on BIM referred to
aboveincludesguidanceonusingtheBIMProtocolandprovidessuggestedadditional
clauses to use with the NEC3, the intention being that these be framed as additional
clauses under Option Z, rather than as part of a new stand-alone Secondary Option.
These clauses would include additional compensation events, i.e. where a party is
