However, in 2018, only 40% of companies referred to BIM in their legal contracts. From social media and disinformation to facial recognition and privacy, the broader technology landscape shows that innovation rarely happens without legal challenges. To avoid problems once the project is underway, Shorter says, it is necessary to describe each party`s responsibilities through legal documents that appropriately respond to each party`s comments and expectations, ownership of the model, as well as responsibility for any problems that may arise. This not only reduces the risk of liability in the event of a dispute, but also avoids problems arising from misunderstandings and incompatible expectations if the completed work does not meet expectations. For example, a previous dispute in the United States involving two anonymous parties arose as a result of a breakdown in communication between the designer, the client and the contractor. While the BIM file provided by the designer showed that the building`s mechanical, electrical and sanitary (MEP) systems needed to be adapted in some way, this was not specified in the 2D documents provided to the MEP engineer. As a result, the contractor ran out of space after 70% of the assembly had already been completed, resulting in a multi-million dollar settlement. «New developments and processes always have the potential to lead to mistakes and claims of responsibility for those mistakes, simply because the people involved won`t know them fully,» says Shorter. While this is the first decision to be made public, it was probably not the first court case regarding BIM, and it was certainly not the last. According to the latest National Report on Construction Contracts and Law 2018, the use or ownership of BIM is the cause of about 3% of construction disputes. Subscribe to the newsletter for the latest news and events from NBS A valuable overview for all construction professionals who paint a picture of sustainability in the construction industry The use of BIM offers a number of possibilities for the occurrence of errors. Human error during the design process, file corruption due to the use of incompatible software applications, and lack of communication can cause problems during a project. People often forget to check if the terms of their contract address the ownership issues of the BIM model and what is required of each part and when.
«Problems can be caused by a combination of design and manufacturing issues, and there can be more than one part of it,» says Shorter. «Those who are responsible for these types of problems usually require a fairly complex analysis of the technical problem, the contractual and legal situation and the facts of what happened.» Research shows that using BIM can significantly reduce the number of design errors that occur and minimize the cost and time wasted of a project. One study found that BIM could reduce errors by up to 50% in the construction of precast concrete elements, for example. A five-part guide to sustainable specifications that serves as a living, sustainability-focused document. «The types of design problems most likely to lead to a dispute are those that can be described as systematic,» says Shorter. «If the remedy involves the complete removal and replacement of a defective element of a project, these types of problems are usually the most difficult to solve and the most expensive.» NBS` latest findings track key information about the construction industry «What can cause problems, however, is if the bim usage protocol is not included in the project`s contract documents,» Shorter adds. Download sample specifications and find out what`s possible with NBS Chorus According to Rebecca Shorter, a construction law expert at global law firm White & Case, BIM issues are becoming more common in litigation. These problems are caused not only by confusion about ownership, but also by design flaws that lead to delays or disruptions in projects. Find out how our customers use our software and services When used correctly, Shorter says, BIM can help reduce the number of disputes in the construction industry. Companies seem to agree; The NBS report on construction law found that 70% of companies believe that increased cooperation has helped reduce the number of conflicts in the industry.
Are you planning to move NBS Chorus? Learn about the benefits of moving to a digital specification platform. By including the BIM report, the digital construction report gains a broader understanding of digital transformation After a decade of rapid digital transformation, Building Information Modeling (BIM) has impacted architecture, construction and engineering more than any other innovation. BIM promotes the exchange of files and data between the many parties involved in the development, construction and maintenance of a project. Over the years, questions have been raised time and time again regarding the complexity of ownership and copyright that this creates, but it also raises questions about liability when problems arise. Since many parties often share the same model, it becomes more difficult to decide who is responsible for what is responsible. With BIM, the industry is in uncharted territory. Disputes are expected arising from unmet expectations, unforeseen costs and delays as industry becomes more familiar with new technologies, but these cases also provide an opportunity to learn and adapt. Useful tools and downloads to help you get the most out of NBS In 2011, only 13% of industry experts surveyed by construction software provider NBS were actively using BIM software, and 43% had not heard of the technology. A decade later, according to the nbs BIM annual report, 73% of practices now use BIM, while only 1% don`t know it. Building Information Modeling (BIM) issues are becoming more common in litigation due to confusion over ownership, but also due to design flaws that lead to project delays or disruptions. Luc Christou reports. Lead image: Rebecca Shorter, partner and construction law expert at White & Case BIM, offers many benefits, including improved visualization and collaboration.
However, the widespread adoption of BIM has also created new challenges for businesses to navigate and overcome. While smaller, low-cost issues are likely to be resolved internally during a project, more substantial issues that could result in high costs, long delays, or damage are more likely to lead to litigation, Shorter says. According to Arcadis` Global Construction Disputes Report 2020, the average construction conflict is worth $30.7 million. «Remember that working with BIM is not only a technical problem, but also a commercial one,» says Shorter. «Training and tracking employees who use it for the first time is obvious, but people often forget to check if the terms of their contract relate to ownership issues of the BIM model and what is required of each part and when.» The renovation of empire house has been designed with changing requirements in mind and provides sufficient access to the outdoor space. «In my own practice, I worked on international arbitration where BIM-related issues were one of the many disputes that needed to be resolved, and also a factor that contributed to other design, late and payment disputes,» says Shorter. «I would say that BIM issues are a more common feature of delayed and disrupted projects these days. «Increased familiarity will reduce these risks, and potential wrinkles or problems in the processes themselves will be smoothed out as those who use them learn from their mistakes and do things differently next time. In 2016, Trant v Mott MacDonald became the first reported case in the UK involving BIM. The case between engineering firm Trant Engineering and design consultant Mott MacDonald focused on ownership and access to BIM data after the business relationship failed.