BIM implementation brings changes to project execution methods. Beyond intellectual property concerns, have the risks and responsibilities for various teams, owners, design firms, construction units, or their related subcontractors shifted in engineering projects?
1. Increased Information Volume
According to Shi Peiling’s principle, contractors who build according to the owner’s design and specifications are not liable for defects caused by those designs. When owners provide vendors with a BIM model during bidding, these models often contain more detailed information than traditional 2D drawings. If vendors incur losses due to construction errors based on this data, they are not held responsible. Consequently, after adopting BIM, owners face greater risks related to the accuracy of the BIM data, and design firms supplying the model to the owner also bear increased risk.
While owners take on more risk, BIM technology enhances communication and integration between design and construction teams, which is beneficial. However, design firms typically do not enjoy these advantages. BIM adoption usually does not increase design fees, which are often insufficient to cover potential costs or liabilities from design errors. Therefore, it is advisable to include exclusion and exemption clauses in BIM contracts, along with agreements that cap the maximum compensation for damages.
Research indicates that the increase in information volume raises risks not only for owners and designers but also for construction companies. If the BIM model is provided during bidding and included as contract documentation, the extensive specifications and requirements embedded in each component may not be fully reviewed within tight bidding schedules. This can elevate cost risks for contractors. However, Shen Yulun’s (2012) study reports that some experts disagree, arguing that while analyzing bidding information does increase risk, failure to do so is unrelated to BIM itself. Some experts even believe that BIM’s transparency and specificity may reduce construction risks.
2. Software Defects
Literature suggests that errors caused by BIM software malfunctions raise questions about responsibility, especially since most software vendors include exemption clauses. If the owner mandates specific software use, should the owner bear the risk? Should project timelines be extended if software defects cause delays?
This study recommends that experienced engineers use various inspection methods to detect software defects. Contracts should specify that manufacturers are responsible for errors caused by their software. Moreover, if project schedules are impacted due to software issues, extensions should be agreed upon.
3. Model Compatibility
Different BIM platforms may not convert files seamlessly or may lose information during conversion, introducing new risks. Contracts should empower the owner to appoint a vendor as the BIM model manager, responsible for model integration. Further, the model manager should verify the accuracy of the integrated models to mitigate these risks.
4. Collaborative Work
BIM is not only a technological tool but also a shift in workflow and execution. Collaboration is a core feature, with multiple teams working on the same model simultaneously and building upon each other’s work. Apart from intellectual property concerns, if one vendor’s model contains errors that cause damage to another, how can compensation claims be handled?
It is recommended that vendors promptly report any errors or conflicts found in other parties’ models to all relevant stakeholders. Agreements should specify that vendors cannot claim derivative damages from others. Each vendor is responsible only for models within their contractual scope and not for models outside their scope used by others. Additionally, contracts should require vendors to purchase insurance covering agreed-upon amounts.
In summary, this analysis explores BIM-related risks and responsibilities from an expert perspective, focusing on increased information volume, software defects, model compatibility, and collaborative workflows. We hope this provides useful insights and supports establishing a solid legal foundation for BIM adoption within our company.
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