Building Information Modelling –

The Legal Implications

Lesley Currie

Managing Solicitor – Projects

Renfrewshire Council

Why are we talking about BIM? • Building Information Modelling (BIM) Working

Party Strategy Paper March 2011

• Benefits

– Zero defect & clash free construction

– Design changes are cheaper & easier to explore

– Greater certainty in terms of project cost

– Facilities management requirement clear from the

start of the project

What do we mean by BIM? BIM is much more than the model. It’s a

process and the way of working

collaboratively.

• Level 2 – Mandated 2016/2017

• Level 3 – Fully Integrated BIM

The Legal Implications

• Design Liability

• Insurance

• Ownership of Intellectual Property

Design Liability • Will BIM alter “traditional” design roles?

• BIM Protocol

• The Information Manger – a new role

Design Liability – Level 2 & 3 • Level 2

– Unlikely to alter “traditional” responsibilities

– Clear as a matter of fact

– Employer will still need to prove negligence

• Level 3

– Protocols are key

– Corruption of the model

– No “right way” to allocate liabilities

Design Liability –

Some Practicalities • Changes required to standard form

contracts

• Design and Build Procurement

• Joint & Several Liability v NCCs

• The “State of the Art” Defence

Insurance • Standard Insurances

• Insuring the Design Risk

– Professional Indemnity

– Latent Defects Insurance

– Integrated Projects Insurance

Insurance & BIM Increase or Decrease in claims?

Does PI foster the BIM ethos?

Level 2

Level 3

Insurance – Some Practicalities • Level 2

– No changes required to insurances to be maintained

– Standard form contracts wont require amendment

• Level 3

– Move towards IPI

– Standard form contracts to be amended to remove the requirement to maintain PI or CAR

• Full Disclosure

Intellectual Property

• Copyright

• Rights in Databases

• Author v. Owner

• Licence v. Ownership

Intellectual Property Pre BIM

– Copyright

– Licence

BIM

– Copyright

– Database Rights

– Licence? Ownership?

– Model inputs and outputs

IP – Some Practicalities

• Amendment required to standard form

contracts

– Copyright & Database Rights

– For use in the “works” is insufficient

– “Contractor’s Design Documents”

• Concerns of Consultants

What’s Next?

• A move towards Level 3

Lesley Currie lesleyann.currie@renfrewshire.gcsx.gov.uk