Building Information modelling presenation by Lesley Currie

1. Building Information Modelling –
The Legal Implications
Lesley Currie
Managing Solicitor – Projects
Renfrewshire Council

3. 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

4. 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

5. The Legal Implications
• Design Liability
• Insurance
• Ownership of Intellectual Property

6. Design Liability
• Will BIM alter “traditional” design roles?
• BIM Protocol
• The Information Manger – a new role

7. 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

8. 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

9. Insurance
• Standard Insurances
• Insuring the Design Risk
– Professional Indemnity
– Latent Defects Insurance
– Integrated Projects Insurance

10. Insurance & BIM
Increase or Decrease in claims?
Does PI foster the BIM ethos?
Level 2
Level 3

11. 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

12. Intellectual Property
• Copyright
• Rights in Databases
• Author v. Owner
• Licence v. Ownership

13. Intellectual Property
Pre BIM
– Copyright
– Licence
BIM
– Copyright
– Database Rights
– Licence? Ownership?
– Model inputs and outputs

14. 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

15. What’s Next?
• A move towards Level 3

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