This article was produced by Olswang LLP, which joined with CMS on 1 May 2017.
This is the first of a series of blog posts where Constructive will explore Building Information Modelling (BIM) and the inevitable legal consequences of such a dynamic shift within the construction world. We explore what BIM is, how we are using it and what legal changes are required to reflect this.
BIM is an advancement in technology from traditional 2D and 3D Computer Aided Design (CAD). BIM allows for 3D modelling of a construction project with a layer of data or information embedded within the objects which make up the model. For example, in a BIM model a window object will know it is a window. The window object will know it must be placed within a wall and will know its own size, materials, manufacturer and cost.
The widely adopted definitions of maturity define BIM using levels which are graded according to the amount of technical or collaborative working involved:
Level 0 – Unmanaged 2D CAD with paper as the most likely data exchange mechanism;
Level 1 – Managed 2D or 3D CAD with a collaboration tool providing a common data environment;
Level 2 – Managed 3D environment. 3D models containing data or information are produced independently by all members of the design team;
Level 3 – Fully integrated and collaborative process using web services. All disciplines feed into one single model.
The construction industry in the UK is starting to adopt Level 2 BIM, indeed the Government Construction Strategy Paper calls for the industry to achieve Level 2 by 2016. Individual disciplines create their own independent models containing intelligent objects. These independent models can be linked to allow clash detection (i.e. the identification of design conflicts) to occur prior to work starting on site. In effect the models are layered on top of one another (similar to the process used in 2D CAD). The models also offer the benefits of 3D virtual walkthroughs, project visualisation and even prefabrication, potentially saving time on site.
Whilst working on individual models the design team comes together to share their models within the Common Data Environment (“CDE”). Typically stored on a virtual cloud, the CDE allows for collaboration between disciplines. At pre-agreed freezing points all teams freeze their models and upload them to the cloud as shared information. From here the other disciplines download and check the models against their own.
Adoption of Level 2 BIM involves subtle but significant legal changes. Services and appointments will need to reflect the changing roles of the design team and possibly incorporate new roles, for example BIM Co-ordinator. For a BIM project to function and operate smoothly all participants are required to sign up to the BIM Protocol document. Specifying criteria such as platform choice, freezing points and the CDE, the Protocol will become a crucial part of the contractual documentation. In our next blog post on BIM, Constructive will comment on the Construction Industry Council’s recently-published BIM Protocol, one of the first standard form BIM protocols.
