BIM – Mini Guide to Appointments and Intellectual Property ......BIM – Mini Guide to...
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48|49 Architecture Ireland 255 BIM – Mini Guide to Appointments and Intellectual Property Rights By Benedict Wallbank (RIBA), BIMiT Consultancy COMMERCIAL FEATURE GRAPHISOFT GRAPHISOFT Ensuring that properly considered and prepared appointment documentation is in place for all projects is one of the key duties the Director performs. In projects where BIM is being utilised, and in particular on collaborative BIM projects, there are key issues which need to be judged carefully. Most of these are common sense (especially when you have gained experience of BIM) and as long as they are addressed in Appointments they should not be an obstacle to the adoption of BIM. At this time there are not any “standard” appointment documents for BIM projects but in the same way that most of the existing appointment documents now have clauses amended, or added, it is possible to append mutually agreed “BIM clauses” to existing “standard” appointment documentation. First talk with your client to understand fully what the objectives are for BIM on this project. It is essential to ensure you both confirm exactly what is expected. With BIM being a new concept to many it is likely the inexperienced client will simply state “the architect will supply a BIM” in the appointment documentation. This is dangerously vague and has potentially huge pitfalls for both parties. The client may be expecting a full collaborative BIM process. This could involve the other design consultants, the contractor developing 4D (construction timings) and 5D (costing), inputs from sub- contractors on their design items, and an operational use involving O&M and Facilities Management. If, on the other hand, you think the client means a few 3D visualisations on a “lonely BIM” 2 then you are all in trouble! 1. Scope and Objectives: Once you have established what the expected scope and objectives are for BIM on the project you must detail this in writing as part of your appointment documentation. 2. Schedule of BIM Deliverables: Draw up a Schedule of BIM Deliverables (a programme) for the project and include this in the appointment documentation. This is important as BIM projects require greater input at early stages than 2D projects but this effort is more than offset at later stages. Additionally the first projects with a contractor, on which 4D and 5D work is expected, will require considerable input of data by the contractor and this will result in a time overhead. Once completed by the contractor this data can be reused on other projects. By signing up to a deliverables schedule (as you would for most non BIM project appointments) both parties make it clear what they expect which avoids any misunderstanding. 3. BIM Protocols: Appointment documentation must refer to the need to draft BIM protocols between contributing parties. The date by which these are to be defined and signed off should also be documented. A protocol document is a vital element of all BIM projects. Without this protocol, detailing the working methodologies and standards, being agreed by all parties it is almost certain that collaborative working will be unsuccessful and the BIM data will be difficult to use by others. Professional indemnity cover and building contracts on BIM projects also rely upon establishing and agreeing a protocol. Therefore it is essential that a clause mandating a BIM protocol forms part of the appointment documentation and that this is prepared and agreed as an early task to avoid delays to the project. 4. Level of Detail: The Appointment must state the level of detail of BIM at each work stage. Clearly it would be unreasonable for your client to expect construction details from BIM at RIBA Stage D. Therefore what can be expected needs to be set out clearly in your appointment. Unfortunately there is not yet an agreed British document setting this out but the Americans have drawn up AIA Document 202 – 2008. This prescribes five levels of detail (LOD 100, 200, 300, 400 & 500) for the BIM model at different project stages. In the absence of RIBA defined BIM work stages the AIA document is a good starting point for defining levels of detail and then relating these to existing RIBA work stages. 5. Permissible uses of the BIM at each work stage: Once the level of detail of BIM has been described at each work stage then define the permissible or envisaged uses of BIM at each stage. For example, at RIBA stages C and D you could expect BIM to be used for basic environmental analysis, visualisations and budget costing. Define when, and if, the BIM model may be considered to be a construction document. State when the BIM model may be used for facilities management and operation and management. Detail all permissible uses of the model. State that no party is to have liability resulting from use of the model beyond the uses set out. (This is important to ensure your professional indemnity insurer knows what is being insured.) 6. Record Copies: Note when a record copy of the BIM model is required to be issued and retained (as a minimum at each defined work stage). Define to whom and where copies are to be issued and in what format. 7. Data Security: With your client determine where the BIM model is to be hosted and that this satisfies the level of security required by both of you. These considerations include whether encryption should be used; where the hosting site should be (consultant, client, 3rd party); what the back-up requirements are. Ensure that these points are detailed in the appointment documentation. Obviously these considerations will vary depending upon the sensitivity of the project as a defence contract will be far more onerous, and expensive, than a commercial building. 8. Information Manager: Define the identity and role of the Information (Model) Manager on collaborative BIM projects. A collaborative BIM project needs a person to plan and manage the collaborative process. This role includes being responsible for preparing the protocol document and securing the agreement of all contributing parties; for ensuring that required encryption and back up processes are in place; and for policing the BIM model and its contributors to ensure that protocols and agreements are adhered to and updated. This is a new role within the team and so far there is no established pattern to suggest whether it should be contractor, QS, Project Manager or architect. Architects (with their traditional role of co-ordinating the work of the other consultants and of lead consultant) would seem to be well placed to offer and bring this service into their business. And since this service is outside the normal scope of an architect services it should be charged as an additional fee. 9. Intellectual Property Rights & Copyright: This is probably the trickiest part of the BIM appointment for architects to come to terms with. Architects are rightly very protective of their Intellectual Property Rights (IPR). However, much of the value of BIM lies beyond the building contract in the management of the building through its life. Clients want to use the information in the BIM model and expect to have paid the consultant for its use. Clearly in using facilities management from BIM the client does not want to pay the consultant through the life of the building every time the data is used. When asked who he thought would own BIM information on publicly procured projects Paul Morrell, the Government’s Chief Construction Advisor, said “the Queen”. The message, at least for public procurement, is clear. It seems reasonable, particularly now that practices commonly issue sets of as built drawings in PDF format for use by clients, that the architect will sanction the use of the BIM data in defined and limited ways. Many architects may take the view that since the client is getting an additional value from BIM they should pay more but in these difficult times, when government is looking to cut hard the cost of publicly procured building projects, it seems unlikely that clients will pay more. As architect your contributions to a collaborative BIM are likely to be among the reasons why you are awarded the project. If you don’t do it someone else will. There are also pressures, particularly from the contractor which requires BIM and also acts as client, to sign away IPR and copyright completely. This should be resisted. Contractors may wish to reuse BIM elements on other projects. Professional Indemnity Insurers are clear that they are not happy to insure risk where there is an open-ended liability. Insurers must understand the limits of usage of the architect’s work and if multiple usage is agreed then they will charge more for your insurance premium. Define at the outset what rights your client has to use project information and write this into your appointment documentation. If you allow re-usage of the BIM data ensure that appointment documents allow only for re- usage in exactly the same way / relationship as in the original design. If you allow multiple usage ensure that you are paid more (your insurers will charge you more!). 10. Contractors Design Portion: Where the contractor is your client, or where you are to be novated to the contractor in a design and build contract, ensure that a detailed Contractors Design Portion (CDP) matrix is prepared and forms part of your contract. Remember that sub-contractors will contribute their fabrication detail (as their own model) to the master BIM model and therefore they take design responsibility for this element. So, for example, you may have modelled the cladding intent but the cladding manufacturer will then produce a fabrication model and contribute this to the master BIM model for co- ordination. It is essential that the responsibility for CDP items is unambiguous. 11. Construction Modellers: Where 4D (construction timings) and 5D (Cost) form part of the BIM deliverables it is important that you clearly define the construction modellers’ roles and responsibilities. 12. Fees: Charge for all services undertaken outside the standard scope of works for an architect. Lastly as on existing 2D projects, where standard terms and conditions have been amended, get your legal advisors and insurers (Brokers) to review and comment upon the Appointment. Ensure that both parties to the Appointment and their advisors agree to the terms and conditions before you sign. This is rather obvious when you are doing another project similar to the last one but not so obvious if you, or the client, are new to BIM. For further information on Graphisoft products, contact Martin Reddington, E [email protected] T 01 8721766. Ben Wallbank can be contacted at: ben. [email protected] Notes [1] The substitution of “Management” for the more commonly used “Modelling” is deliberate. Whilst a 3D model is a key element of BIM, it has been over- emphasised, it is the information which is derived from co-ordinated and shared data that is important. [2] “Lonely BIM” – A non-collaborative 3D model produced by a single practice Ben Wallbank, RIBA, has been using BIM technologies for over 15 years, firstly in his own practice and then at John Robertson Architects (JRA), in London. Now an independent consultant, advising firms and clients in the construction industry, he is particularly involved with the process/workflow and organisational issues of implementing systems to deliver and operate better quality and lower cost buildings and assets. Alongside the crucial role of determining the direction of the business, the Director of the architectural practice needs to understand the affect BIM (Building Information Management 1 ) will have upon the day-to- day responsibilities of Directors.
Transcript of BIM – Mini Guide to Appointments and Intellectual Property ......BIM – Mini Guide to...
48|49 Architecture Ireland 255
BIM – Mini Guide to Appointments and Intellectual Property Rights By Benedict Wallbank (RIBA), BIMiT Consultancy
CommerCial FeaTUre GraPHiSoFTGraPHiSoFT
Ensuring that properly considered and prepared appointment documentation is in place for all projects is one of the key duties the Director performs. In projects where BIM is being utilised, and in particular on collaborative BIM projects, there are key issues which need to be judged carefully. Most of these are common sense (especially when you have gained experience of BIM) and as long as they are addressed in Appointments they should not be an obstacle to the adoption of BIM. At this time there are not any “standard” appointment documents for BIM projects but in the same way that most of the existing appointment documents now have clauses amended, or added, it is possible to append mutually agreed “BIM clauses” to existing “standard” appointment documentation.
First talk with your client to understand fully what the objectives are for BIM on this project. It is essential to ensure you both confirm exactly what is expected. With BIM being a new concept to many it is likely the inexperienced client will simply state “the architect will supply a BIM” in the appointment documentation. This is dangerously vague and has potentially huge pitfalls for both parties. The client may be expecting a full collaborative BIM process. This could involve the other design consultants, the contractor developing 4D (construction timings) and 5D (costing), inputs from sub- contractors on their design items, and an operational use involving O&M and Facilities Management. If, on the other hand, you think the client means a few 3D visualisations on a “lonely BIM”2 then you are all in trouble!
1. Scope and Objectives: Once you have established what the expected scope and objectives are for BIM on the project you must detail this in writing as part of your appointment documentation.
2. Schedule of BIM Deliverables: Draw up a Schedule of BIM Deliverables (a
programme) for the project and include this in the appointment documentation. This is important as BIM projects require greater input at early stages than 2D projects but this effort is more than offset at later stages. Additionally the first projects with a contractor, on which 4D and 5D work is expected, will require considerable input of data by the contractor and this will result in a time overhead. Once completed by the contractor this data can be reused on other projects. By signing up to a deliverables schedule (as you would for most non BIM project appointments) both parties make it clear what they expect which avoids any misunderstanding.
3. BIM Protocols: Appointment documentation must refer to the need to draft BIM protocols between contributing parties. The date by which these are to be defined and signed off should also be documented. A protocol document is a vital element of all BIM projects. Without this protocol, detailing the working methodologies and standards, being agreed by all parties it is almost certain that collaborative working will be unsuccessful and the BIM data will be difficult to use by others. Professional indemnity cover and building contracts on BIM projects also rely upon establishing and agreeing a protocol. Therefore it is essential that a clause mandating a BIM protocol forms part of the appointment documentation and that this is prepared and agreed as an early task to avoid delays to the project.
4. Level of Detail: The Appointment must state the level of detail of BIM at each work stage. Clearly it would be unreasonable for your client to expect construction details from BIM at RIBA Stage D. Therefore what can be expected needs to be set out clearly in your appointment. Unfortunately there is not yet an agreed British document setting this out but the Americans have drawn up AIA Document 202 – 2008. This prescribes five levels of detail (LOD 100, 200, 300, 400 & 500) for the BIM model at different project stages.
In the absence of RIBA defined BIM work stages the AIA document is a good starting point for defining levels of detail and then relating these to existing RIBA work stages.
5. Permissible uses of the BIM at each work stage: Once the level of detail of BIM has been described at each work stage then define the permissible or envisaged uses of BIM at each stage. For example, at RIBA stages C and D you could expect BIM to be used for basic environmental analysis, visualisations and budget costing. Define when, and if, the BIM model may be considered to be a construction document. State when the BIM model may be used for facilities management and operation and management. Detail all permissible uses of the model. State that no party is to have liability resulting from use of the model beyond the uses set out. (This is important to ensure your professional indemnity insurer knows what is being insured.)
6. Record Copies: Note when a record copy of the BIM model is required to be issued and retained (as a minimum at each defined work stage). Define to whom and where copies are to be issued and in what format.
7. Data Security: With your client determine where the BIM model is to be hosted and that this satisfies the level of security required by both of you. These considerations include whether encryption should be used; where the hosting site should be (consultant, client, 3rd party); what the back-up requirements are. Ensure that these points are detailed in the appointment documentation. Obviously these considerations will vary depending upon the sensitivity of the project as a defence contract will be far more onerous, and expensive, than a commercial building.
8. Information Manager: Define the identity and role of the Information (Model) Manager on collaborative BIM projects. A collaborative BIM project needs a person to plan and manage the collaborative process. This role includes being responsible for preparing
the protocol document and securing the agreement of all contributing parties; for ensuring that required encryption and back up processes are in place; and for policing the BIM model and its contributors to ensure that protocols and agreements are adhered to and updated. This is a new role within the team and so far there is no established pattern to suggest whether it should be contractor, QS, Project Manager or architect. Architects (with their traditional role of co-ordinating the work of the other consultants and of lead consultant) would seem to be well placed to offer and bring this service into their business. And since this service is outside the normal scope of an architect services it should be charged as an additional fee.
9. Intellectual Property Rights & Copyright: This is probably the trickiest part of the BIM appointment for architects to come to terms with. Architects are rightly very protective of their Intellectual Property Rights (IPR). However, much of the value of BIM lies beyond the building contract in the management of the building through its life. Clients want to use the information in the BIM model and expect to have paid the consultant for its use. Clearly in using facilities management from BIM the client does not want to pay the consultant through the life of the building every time the data is used. When asked who he thought would own BIM information on publicly procured projects Paul Morrell, the Government’s Chief Construction Advisor, said “the Queen”. The message, at least for public procurement, is clear. It seems reasonable, particularly now that practices commonly issue sets of as built drawings in PDF format for use by clients, that the architect will sanction the use of the BIM data in defined and limited ways. Many architects may take the view that since the client is getting an additional value from BIM they should pay more but in these difficult times, when government is looking to cut hard the cost of publicly procured building projects, it seems unlikely that clients will pay more. As architect your contributions to a collaborative
BIM are likely to be among the reasons why you are awarded the project. If you don’t do it someone else will.
There are also pressures, particularly from the contractor which requires BIM and also acts as client, to sign away IPR and copyright completely. This should be resisted. Contractors may wish to reuse BIM elements on other projects. Professional Indemnity Insurers are clear that they are not happy to insure risk where there is an open-ended liability. Insurers must understand the limits of usage of the architect’s work and if multiple usage is agreed then they will charge more for your insurance premium.Define at the outset what rights your client has to use project information and write this into your appointment documentation. If you allow re-usage of the BIM data ensure that appointment documents allow only for re-usage in exactly the same way / relationship as in the original design. If you allow multiple usage ensure that you are paid more (your insurers will charge you more!).
10. Contractors Design Portion: Where the contractor is your client, or where you are to be novated to the contractor in a design and build contract, ensure that a detailed Contractors Design Portion (CDP) matrix is prepared and forms part of your contract. Remember that sub-contractors will contribute their fabrication detail (as their own model) to the master BIM model and therefore they take design responsibility for this element. So, for example, you may have modelled the cladding intent but the cladding manufacturer will then produce a fabrication model and contribute this to the master BIM model for co- ordination. It is essential that the responsibility for CDP items is unambiguous.
11. Construction Modellers: Where 4D (construction timings) and 5D (Cost) form part of the BIM deliverables it is important that you clearly define the construction modellers’ roles and responsibilities.
12. Fees: Charge for all services undertaken outside the standard scope of works for an architect.
Lastly as on existing 2D projects, where standard terms and conditions have been amended, get your legal advisors and insurers (Brokers) to review and comment upon the Appointment. Ensure that both parties to the Appointment and their advisors agree to the terms and conditions before you sign. This is rather obvious when you are doing another project similar to the last one but not so obvious if you, or the client, are new to BIM.
For further information on Graphisoft products, contact Martin Reddington, E [email protected] T 01 8721766. Ben Wallbank can be contacted at: [email protected]
Notes[1] The substitution of “Management” for the more commonly used “Modelling” is deliberate. Whilst a 3D model is a key element of BIM, it has been over- emphasised, it is the information which is derived from co-ordinated and shared data that is important.[2] “Lonely BIM” – A non-collaborative 3D model produced by a single practice
Ben Wallbank, RIBA, has been using BIM technologies for over 15 years, firstly in his own practice and then at John Robertson Architects (JRA), in London. Now an independent consultant, advising firms and clients in the construction industry, he is particularly involved with the process/workflow and organisational issues of implementing systems to deliver and operate better quality and lower cost buildings and assets.
Alongside the crucial role of determining the direction of the business, the Director of the architectural practice needs to understand the affect BIM (Building Information Management1) will have upon the day-to-day responsibilities of Directors.
