Friday, February 10, 2017

AIA Digital Documents

I wrote the summary of the AIA Digital Documents below a few years back but it responds well to recent questions I received regarding digital protocols generally. These AIA instruments provide a good starting place for understanding the legal landscape in construction from a digital perspective. 

Another indispensable instrument, the ConsensusDocs 2015 BIM Addendum, deserves close consideration by any team seeking to develop a practical BIM Protocol. Look for a series of blogposts in the near future delving into the nuts and bolts of that instrument.

When the AIA updates its digital suite of documents Collaborative Construction will review those new instruments.

AIA Digital Documents Summary

James L. Salmon, Esq.
October, 2013

In June of 2013 the American Institute of Architects (AIA) released new contract addendums related to the use of building information management (BIM) technology on projects.  In response to ConsensusDocs aggressive updating of its form contracts AIA appears to have accelerated its traditional 10 year update cycle relative to its contract forms.  The update includes four instruments for use on BIM oriented projects:

  • C106™–2013, Digital Data Licensing Agreement
  • E203™–2013, Building Information Modeling and Digital Data Exhibit
  • G201™–2013, Project Digital Data Protocol Form
  • G202™–2013, Project Building Information Modeling Protocol Form

These BIM oriented instruments impose new and substantial contract requirements on all project participants.

The C106™–2013, the Digital Data Licensing Agreement provides that data transmitted from one party to another includes the grant of a limited license to the receiving party to use that data in connection with its work on the project.  The instrument further requires the transmitter to warrant that he enjoys ownership or copyright permissions sufficient to share the data.

These instruments purport to provide a collaborative framework within which project participants deploy digital data protocols.  Central to the framework, the E203™–2013, the Building Information Modeling and Digital Data Exhibit, attaches to the contracts of all project participants.  The E203 facilitates early establishment of principles relative to the use of digital data on the project.  The principles addressed include:

  • Contractual adherence to common digital data and BIM protocols;
  • Establishment of limited licenses, warranties, and proper use of digital data, and BIM models;
  • Identification relevant digital data and decisions regarding centralized management systems;
  • BIM use on the project; and
  • Adoption of a BIM Execution Plan “as soon as practical following execution of the agreement” through the use of forms G201™–2013, Project Digital Data Protocol Form and G202™–2013, Project Building Information Modeling Protocol Form.

Rights and remedies created include third-party beneficiary status of all project participants enabling each to enforce the incorporation obligation as to other project participants if damaged by a breach.  §§ 1.2, 1.2.1.  The instrument waives the right to make a claim for additional time or costs due to the use of protocols unless notice is given within 30 days of receipt of the protocols.  §§ 1.3.1, 1.3.3.  Additionally, unauthorized use of digital data or BIM Model triggers liability.  §§ 3.4, 4.7.

After laying a collaborative framework via the E203, the parties collaborate to further refine the BIM rules.  The G201 addresses specification of specific digital data management protocols for all project participants, including:

  • Electronic data management system usage
  • System requirements
  • Storage requirements
  • Archiving standards
  • Formats for transmitting specific types of information

While not expressly attached to every contract, the G201 supplements the E203.
The G202™–2013, Project Building Information Modeling Protocol Form sets forth the projects BIM rules in finer detail. The G202 serves three primary functions:

1.  Standardize hardware, software, inputs, and management of the model;
2.  Establish the “level of development” (LOD) descriptions for the model in the form of minimum contents requirements for stated phases of the project; and
3.  Address issues related to reliance on the BIM via the Level of Development concept.

The G202 utilizes LOD descriptions to inform users of the extent to which they can rely on a BIM .  Any further reliance, therefore, would be at that participant’s sole risk and expense.  The G202 further requires users of models to notify the model manager of mistakes in models.

BIM and the technologies surrounding it evolve rapidly. These instruments support the effective use and deployment of BIM oriented technologies. Utilizing this new collaborative set of instruments with existing contracts remains a challenge. Anyone involved in a BIM or IPD oriented project should contact James L. Salmon with any questions. 

Welcome to the Golden Rule Alliance

James L. Salmon, Esq.
Collaborative Construction
300 Pike Street
Cincinnati, Ohio 45202
Summary of Services and James L. Salmon's CV

Office 513-721-5672
Fax 513-562-4388
Cell 512-630-4446

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