Content area
Full Text
1. Introduction
This paper considers the legal ramifications of building information modelling[1] building information modelling (BIM) and proposes a route for future research to improve legal outcomes. The method adopted is first to consider the literature in order to define the terms of study; then to draw out from the literature features of BIM procurement which may prove problematic in legal terms; consideration will then be given to two US-based initiatives for improving the legal aspects of BIM, which will be problematised by reference to the literature, before considering a potential way forward in the UK for legally effective BIM procurement.
2. Definition of terms
2.1 What is BIM?
[37] van Nederveen et al. (2009) propound the following definition of BIM:
[...] a model of information about a building (or building project) that comprises complete and sufficient information to support all lifecycle processes and which can be interpreted directly by computer applications. It comprises information about the building itself as well as its components, and comprises information about properties such as function, shape, material and processes for the building life cycle (p. 1).
A more concise definition is offered as part of the US National Building Information Modelling Standard (NBIMS) in terms that a BIM is "a digital representation of physical and functional characteristics of a facility" ([24] National Institute of Building Sciences (NIBS), 2007, p. 23).
van Nederveen approaches BIM from a theoretical standpoint. What, in a perfect world, should BIM be? It should be a single, computerised representation of a building, in which each fact is expressed only once, thereby avoiding the risks of inconsistency inherent in systems which accommodate data duplication. For van Nederveen (2009, pp. 9-10) "any solution that allows that the same information is stored in multiple places is fundamentally wrong". In that perfect world, a single, virtual model would represent all elements of a building or project, down to the finest detail. The model could generate accurate costings, fabrication drawings for any trade, and would permit simple identification of element clashes.
Such a utopian model is, however, rarely, if ever, achieved in practice. Instead the "BIM" consists more usually of a federation of virtual models, each addressing discrete elements of the construction process, and in these cases, interoperability -...