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Legal Issues and Risks Associated with Building Information

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Legal Issues and Risks Associated with Building Information LEGAL ISSUES AND RISKS ASSOCIATED WITH BUILDING INFORMATION MODELING TECHNOLOGY BY Leon L. Foster, P.E., PMP, CPC Submitted to the graduate degree program in Engineering and the Graduate Faculty of the University of Kansas in partial fulfillment of the requirements for the degree of Master’s of Science in Architectural Engineering. ___________________ Chairperson Committee members* __________________* __________________* Date defended: ______________ The Thesis Committee for Leon L. Foster certifies that this is the approved Version of the following thesis: LEGAL ISSUES AND RISKS ASSOCIATED WITH BUILDING INFORMATION MODELING TECHNOLOGY Committee: ____________________________ Chairperson* ____________________________ ____________________________ Date approved: ___________________ ii TABLE OF CONTENTS Page Title Page…………………………………………………………………………..…..i Acceptance Page………………………………………………………………………ii Table of Contents……………………………………………………………………..iii Abstract………………………………………………………………………………vii List of Tables………………………………………………………………………..viii List of Figures……………………………………………………………….………..ix List of Abbreviations….……………………………………………………………....x CHAPTER 1 – INTRODUCTION 1.1 Introduction to Thesis……..………………………………….…….....1 1.2 Background of BIM…...….…………………………………..…..…...2 1.3 Definition and Characteristics of BIM……………………..……..…...3 1.4 Justification for BIM...……………………………………..……..…...4 1.5 Benefits of BIM…......………………………………………..…..…...6 1.6 Overview of BIM………………………………………………..….....7 1.7 Other Considerations (4D / 5D Modeling)……….……………...……9 CHAPTER 2 – LITERATURE REVIEW 2.1 Introduction……………….…………………………………..……...11 2.2 Role of the Model Manager……..….………………………...……...11 2.3 BIM Partial Uses…………..….………………………………….…..13 2.4 Barriers to BIM…………………………………………………..…..18 iii 2.4.1 Commercial Issues…………………….…..............................19 2.4.2 Legal Concerns…………….………...…................................23 2.4.3 Technical Issues………………………………...….…...........28 2.5 Legal Impact of BIM..……….……………………..………………..33 2.5.1 Spearin Doctrine …………………….……….…….………..33 2.5.2 BIM Impact on Spearin Doctrine and Means & Methods…...35 2.5.3 Final Thoughts…………….…….…………………………...36 CHAPTER 3 – METHOD: SURVEY 3.1 Introduction……………………………………………….................37 3.2 Survey Approach………...…………………………………………..37 3.3 Survey Overview…………………………………………………….38 3.4 Notes on Survey Methods…………………………………...……....39 3.5 Findings………………..………………………………..…………...41 3.5.1 Survey Summaries & Analysis……..….…...………………..42 3.5.2 Interview Analysis…….….…...……………………………..66 CHAPTER 4 – CASE STUDY: SPRINT CENTER ARENA 4.1 Introduction………………………………………………………….67 4.2 BIM Applications....….…………………..………………………….67 4.2.1 Visualization…….…………………………………………...68 4.2.2 Partial Trade Coordination…………………….......................70 4.2.3 Collision Detection / Avoidance…………...….......................71 4.2.4 Design Validation……………..…………...………...............73 iv 4.2.5 Construction Sequencing Planning / Phasing / Site Logistics.74 4.3 Summary of Lessons Learned..………………………........................75 4.3.1 Model Manager..……..………………………........................76 4.3.2 Contract Terms..……..….........................................................76 4.3.3 Compatibility of BIM Programs……......................................78 4.3.4 CPM Schedule Integration.……..............................................79 CHAPTER 5 – RESULTS 5.1 Introduction………………………………………………………......82 5.2 Develop Appropriate Business Models……………………………...82 5.3 Develop BIM Contract and Specification Language……...................84 5.4 Implement Integrated Project Delivery Tools.………….....................87 5.5 Purchase Appropriate Insurance.………………………….................89 CHAPTER 6 – CONCLUSIONS AND RECOMMENDATIONS 6.1 Summary……….…………………………….....................................92 6.2 Conclusions……………………………….………………………….92 6.3 Improved Survey Methodologies.........................................................93 6.4 Recommendations for Implementation……........................................94 6.5 Recommendations for Further Research……......................................97 REFERENCES……………………………………………………………..…….....99 BIBLIOGRAPHY………………………………………………...………..……...100 APPENDIXES Appendix A – Legal Aspect of BIM Survey……..……………...…………105 v Appendix B – BIM Survey Raw Data…………………………...…………106 Appendix C – BIM Interview Raw Data………………………...…………139 vi ABSTRACT Building Information Modeling (BIM) is a tool that has already changed the ways projects are conceived, designed, communicated and constructed by integrating the fragmented Architecture, Engineering, and Construction (AEC) industry. BIM has proven to reduce risk by eliminating inefficiencies and redundancies while improving collaboration and communication which ultimately enhances the overall productivity of the project. Despite the significant benefits associated with BIM there are a host of legal issues, risks and barriers which the industry has not addressed properly. In the context of this gap, the purpose of this thesis is to introduce the subject of BIM and provide an overview of its current uses in AEC industry. A wide spectrum survey and detailed case study was conducted. BIM methods are expanding and have entered mainstream use, which requires immediate consideration to properly address the Legal Issues and Risks of BIM to support this dramatic shift in project delivery methods. vii LIST OF TABLES Page 3-1 BIM Survey Response Chart….……………………………...…………………42 3-2 Industry Sector Responses to Survey Question #1……………………………...42 3-3 Industry Sector Responses to Survey Question #2……………………………...45 3-4 Industry Sector Responses to Survey Question #3……………………………...48 3-5 Industry Sector Responses to Survey Question #4……………………………...50 3-6 Industry Sector Responses to Survey Question #5……………………………...53 3-7 Industry Sector Responses to Survey Question #6……………………………...55 3-8 Industry Sector Responses to Survey Question #7……………………………...57 3-9 Industry Sector Responses to Survey Question #8……………………………...59 3-10 Industry Sector Responses to Survey Question #9……………………..…...…60 3-11 Industry Sector Responses to Survey Question #10…..…………………….....62 3-12 Industry Sector Responses to Survey Question #11……..………………….....64 3-13 Industry Sector Responses to Survey Question #12…………………..…….....66 viii LIST OF FIGURES Page 1-1 Key Productivity Trends in the Construction Industry…….…………………….5 1-2 Typical Pre-History of BIM……………..…………………………………...….8 1-3 Shared Project Model Concept…………......……………………………...…….9 2-1 Design Visualization of Structural Components………………………………..14 2-2 Site Planning and Site Utilization……………...………………………………..15 2-3 4D Scheduling and Sequencing...……………...…………………………….….16 2-4 Systems Coordination………………………….…………………………….….17 2-5 BIM, Interoperability and Integrated Processes.………………………………..30 4-1 Design Visualization of Structural Components………………………………..69 4-2 Design Visualization of Enclosure Components………………………….…….70 4-3 Clash Detection (MEP vs. Architectural)……………………………………….72 4-4 Clash Detection (MEP vs. Architectural)……………………………………….73 4-5 4D Site Logistics Plan for Sprint Center Arena Project ………………………..75 ix LIST OF ABBREVIATIONS 2D Two-dimensional 3D Three-dimensional A/E Architect/Engineer AEC Architecture-Engineering-Construction AGC Associated General Contractors of America AIA American Institute of Architects ANSI American National Standards Institute ASCE American Society of Civil Engineers BIM Building Information Model or Building Information Modeling CAD Computer Aided Drafting CATIA Computer Aided Three Dimensional Interactive Application CIFE Center for Integrated Facility Engineering, Stanford University EJCDC Engineers Joint Contract Documents Committee GSA General Services Administration HVAC Heating, Ventilating and Air Conditioning IAI International Alliance for Interoperability IFC Industry Foundation Classes IPD Integrated Project Delivery NIBS National Institute of Building Standards NIST National Institute of Standards and Technology VDC Virtual Design and Construction x CHAPTER 1 – INTRODUCTION 1.1 INTRODUCTION TO THESIS Building Information Modeling (BIM) is a tool that has already changed the ways projects are conceived, designed, communicated and constructed by integrating the fragmented Architecture, Engineering, and Construction (AEC) industry. BIM has proven to reduce risk by eliminating inefficiencies and redundancies while improving collaboration and communication which ultimately enhances the overall productivity of the project. Despite the significant benefits associated with BIM there are a host of legal issues and risks which the industry has not addressed properly. In the context of this gap, the purpose of this thesis is fivefold: 1) To introduce and define BIM to the AEC industry as a tool which facilitates integrated practice and reduces gross inefficiencies and redundancies. 2) To describe and illustrate the variety of ways designers and contractors are currently applying BIM tools to the construction process and address the legal issues, risks and barriers raised by the use of BIM in these contexts in conjunction with a wide spectrum survey of AEC industry members. 3) Provide detailed case study to validate the application of this integrated practice methodology. This thesis presents methodology for construction planning with BIM, a review of trade space occupation and priority, and provides an illustration of the application of this systematic approach on a Case Study project “Sprint Center Arena.” 1 4) Review contract terms that will assist with the implementation
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