Tuesday, July 12, 2011

Is BIM the New Standard of Care?

Welcome to the Collaborative Revolution!

In May I published a post titled "Architect Sued for "Defective BIM... on a Design-Bid-Build Project" in which I linked to Nadine Post's article in ENR entitled "A Cautionary Tale of Virtual Design and Construction".  Later, I published another post linking to a ForConstructionPros.com article titled "BIM Emerging as Construction's Legal Standard of Care" in which I commented on BIM as the emerging standard of care for design professionals.  The ENR article has generated 13 pages of comments, the Construction Pros article has generated well over 1,000 hits and the two posts on my little blog have been viewed hundreds of times.  I do believe the topic hit a nerve!

More importantly, the industry needs to grapple with the issue in a substantive and intelligent way.  Accordingly, Collaborative Construction and Phi-Cubed have joined forces with the BIM Education Coop to put together a series of presentations addressing the issue.

The two articles highlight the modern designer's on dilemma.  On the one hand designers who fail to utilize BIM expose themselves to potential liability as their actions may fall below the standard of care expected of a reasonably prudent designer in their community.  Alternatively, if designers use BIM they must do so competently or run the risk of being sued for improper use of BIM.  Accordingly, designers face a double edged sword of potential liability where they may be sued for using BIM on one project and sued for NOT using BIM on another.

Constructors, specialty trade contractors and others who deliver BIM components may also be treading a thin line visa-a-vi potential liability.  Regardless, all participants in the planning, design, construction, operations and maintenance of facilities and supporting infrastructure owe themselves, their clients, other team members and the public at large certain duties vis-a-vi BIM and those duties can best be fulfilled by an integrated team.

On Monday, July 25 James L. Salmon, Esq. and Hector Camps, RA will address this topic in a presentation to the buildingSMART Middle East chapter.  Members of that chapter will attend the web-based presentation at no charge, but others are invited to register and attend for a modest fee.  Follow the link, Is BIM the new Standard of Care?, to register.  Individuals can pay by clicking on the Pay Pal link below or by mailing a check for $14.95 to James L. Salmon at the address below.  You will be asked to confirm your method of payment when you register.  Alternatively, building industry teams who wish to share the cost can pay a group fee of $99.99 and gather in a single location to view the Webinar.

Click Below to Pay $14.95 as an Individual

Click Below to Pay $99.99 as a Group

Overview of the Presentation

Forensic BIM, BIM as the new standard of care for designers and BIM as a risk management tool took center stage as Salmon and Camps teamed up to settle a recent construction dispute. The two will share insights regarding use of BIM in a traditional legal dispute and their vision for use of BIM on integrated projects.

Camps will explain Integrated Project Lifecycle Management (IPLM), a process which delivers fully functional digital assets to owners. Project information in an IPLM environment is available to the entire team via a common information technology infrastructure which binds the team, digitally represents the building and fosters a collaborative culture. This culminates in increased efficiency, lower costs and faster completion.

Salmon will discuss BIM as an emerging standard of care and the basic legal framework required to deploy IPLM, BIM and lean processes effectively. Salmon will focus on the nature of integrated agreements, allocating and managing risk effectively and other legal mechanisms critical to collaborative success and intelligent use of BIM.

A 40-minute discussion period will allow meaningful interaction on specific legal hurdles and technical difficulties in the Middle East.

James L. Salmon, Esq.
Collaborative Construction
300 Pike Street
Cincinnati, Ohio 45202
Office 513-721-5672
Fax 513-562-4388
Cell 512-630-4446
Collaborative Construction Website
Sustainable Land Development International

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