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Building Information Modelling (BIM)

Our legal advice around digital construction with BIM

Digital transformation is increasingly impacting the construction sector, with building information modelling (BIM) being a key driver of this trend. This model-based method covers digital planning, implementation and management of construction projects across the entire lifecycle. BIM goes far beyond the creation of digital 3D plans. Property-specific databases are fed with all the information on a construction project, from expert planning, quantity take-off, construction work scheduling and cost planning to the building’s operating systems. The objective is to use an iterative process to create a complete digital image of the construction project and its execution before construction commences. On complex projects, BIM helps to avoid cost increases and missed deadlines. BIM is viewed as a cultural and structural change in the planning, construction and property sector that is more fundamental than all previous methodological and technological developments (such as CAD).

Legal implications of building information modelling

Legal project structures in the construction industry are based on traditional analogue and sequential planning and construction methods. A digital, partnership-based construction process requires a new approach to structuring and implementing contracts. Multi-party agreements are required that are aligned with the specific IT concept underlying the relevant project. Interfaces to other areas such as IT and IP law, insurance law and data protection law play a particularly important role.

BIM advice spectrum

Our team of specialised lawyers have the required legal skills, extensive experience and in-depth industry knowledge to provide you with comprehensive, accurate and relevant advice around building information modelling, particularly in the following areas:

Strategy

  • Project structuring
  • Analysing the technical BIM concept with regard to legal implementation
  • Identifying necessary participants and responsibilities
  • Developing project-specific liability regimes and insurance concepts

Structuring

  • Planning and execution contracts taking into account separate services
  • Contracts for software and server solutions
  • Service agreements for BIM management services
  • Multi-party agreements for standardising BIM tasks
  • Data protection and confidentiality agreements
  • Structuring of joint copyright
  • Mediation and arbitration agreements with multiple parties

Implementation

  • Active and passive management of supplemental work
  • Handling project delays
  • Replacement of project participants
  • Insolvency advice in the event of failure of individual project participants
CMS e-guide on Building Information Modelling (BIM)