Building Information Models present a dramatically different set of circumstances than did CADD or hand drafted deliverables. Even at its most robust, CADD carried very little, if any, information beyond the two-dimensional line work that ultimately was printed in the drawings. With BIM we have the ability to embed all kinds of intelligence beyond the geometry of the thing being drawn. Pre-BIM, when a constructor asked for a CADD file to, for example, facilitate the creation of the shop drawings, it was important to establish that the use of that digital information had a limited use that did not supersede the Contract Documents. Most practitioners did so by virtue of a release form that disallowed any reliance on the digital data.
The promise of BIM is that the digital data contained in the model has beneficial uses beyond the limited information that is ultimately conveyed in a set of drawings (Some believe that the model itself may ultimately become the deliverable, a very complicated debate for another day). In theory, all of the participants in the project - the Owner, the Constructor and the Architect - can benefit from the use of that information, but no one can benefit from that data if they are not allowed to
rely upon it. So unlike the old CADD "use at your own risk" philosophy, in order to gain the greatest benefits from the use of BIM there have to be a set of use and reliance rules that all of the project participants agree to abide by.
In 2013, the AIA Contract Documents Committee, of which I am a member, released a comprehensive update to the Digital Practice Documents specifically addressing the use of BIM. The documents relevant to this discussion are the E203-2013 Building Information Modeling and Digital Data Exhibit, and its partner the G202-2013 Project BIM protocol Form. Used in conjunction, these documents allow you and the other project participants to agree on the use and reliance characteristics of your model ranging from "it's my model and you can't have it" to a shared access model residing, live in real-time, on the cloud, and everything in between. The 2017 updates to all of the AIA's major contract forms include E203-2013 as the default to establish BIM and Digital Data protocols.
A detailed discussion of these issues is contained in the
Guide, Instructions and Commentary to the 2013 AIA Digital Practice Documents, available for download here:
https://www.aiacontracts.org/resources/69541-guide-instructions-and-commentary-to-the-2013-aia-digital-practice-documentsI was a part of committee that worked with the State of Utah Division of Facilities Construction and Management to establish a BIM baseline for the state's projects. Utah generally uses one of two delivery models for their projects - a Value Based Selection that is a variant of Design-Bid-Build, and Construction Manager at Risk. In both scenarios the State expects that the design team will share its models with the constructors. You can view the files here there are four):
https://dfcm.utah.gov/wp-content/uploads/E203_2013CMGC.Utah_.pdfhttps://dfcm.utah.gov/wp-content/uploads/G202_2013CMGC.Utah_.pdfhttps://dfcm.utah.gov/wp-content/uploads/E203_2013VBS.Utah_.pdfhttps://dfcm.utah.gov/wp-content/uploads/G202_2013VBS.Utah_.pdf------------------------------
Kevin Miller AIA
GSBS Architects
Salt Lake City UT
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Original Message:
Sent: 02-20-2018 17:43
From: Phil Scott
Subject: Authorization to use BIM Models
I am unaware of any architecture firms (or engineering sub-consultants, for that matter) who will issue digital copies of their documents without obtaining a Release Form. That said, there are a variety of forms, most prepared by or under the guidance of the firm's legal counsel, that are in use. As far as I know, there is no nationally promulgated release form, whether by the AIA or the American Bar Association of the E&O insurance industry. Perhaps ironically, the one industry most well-positioned (and most in need) to develop an industry-standard form is the E&O insurance industry, simply because it is their insureds who will create the greatest E&O risk by using inappropriate or ineffectual language in a Release Form. This is due to the possibility of digital data corruption by downstream users, thereby making it virtually impossible to accurately determine which legally-bound entity actually authored post-publication digital alterations. Basically, this is but a continuation of the persistent issue of Version Control that has plagued the A/E/C industry since the advent of digital data and the invention of the floppy disk and the thumb drive.
My recommendation is to consult with your legal counsel and E&O carrier to discover if either or both of them have Release language they prefer that you use. After all, they will be in the middle of any potential liability lawsuit arising from the use of corrupted or altered data.
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Phil Scott AIA
Principal/CFO
GSC Architects
Austin TX
Original Message:
Sent: 01-27-2013 23:26
From: Laura Rachlin
Subject: Authorization to use BIM Models
This message has been cross posted to the following Discussion Forums: Technical Design for Building Performance Knowledge Community and Practice Management Member Conversations .
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As we move forward with more BIM projects we are anticipating requests from clients, particularly those with in-house construction or facilities management capabilities, for the release of the model. Is anyone aware of a recommended BIM (Revit) file/model release form or suggested contract clauses to limit how the model may be used?
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Laura Rachlin AIA
Quadrangle Architects Limited
Toronto ON
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