With the widespread adoption and application of BIM technology in construction projects, both owners and design teams have recognized the necessity of standardizing the application of BIM within contracts. In particular, commercial contracts should include clear and detailed provisions regarding BIM tasks, as well as the scope, depth, and quality of deliverables. This helps both parties develop a unified understanding of BIM-related tasks, define deliverable content and depth, evaluate BIM workload effectively, ensure quality, avoid inefficiencies during the project, and fundamentally protect the interests of both parties.
To address these needs, we have referred to BIM standards established in various countries and regions, as well as contract documents and templates released by relevant organizations—such as the Associated General Contractors of America (AGC) document CD 301 and the American Institute of Architects (AIA) document E202-2008. By combining these references with the BIM project experience of domestic enterprises, we propose guidelines and recommended content for commercial contracts that are appropriate for BIM applications in local enterprises. We also provide a template for BIM-related contract clauses, which owners and design teams can reference when drafting BIM terms for engineering construction projects.
Objectives and Content of BIM Commercial Contract Preparation
The primary objective of preparing BIM commercial contracts for design projects is to enhance design quality, reduce errors, provide reusable design data for the construction phase, and supply complete, standardized, and accurate basic information for project estimation, as well as subsequent operations and maintenance. The ultimate goal is to fully leverage the value of BIM Technology throughout the entire lifecycle of a construction project.
Based on these objectives, the preparation of BIM commercial contracts during the design phase should focus on the following aspects:
1. BIM Work Content and Deliverable Requirements
It is essential to specify the BIM tasks that each discipline must complete at every design stage, as well as the required content and level of detail for various deliverables. These requirements should be as specific as possible, serving as practical and enforceable standards for deliverable acceptance.
2. Technical Requirements
Establish standardized requirements for BIM modeling and model information to ensure that the delivered model data achieves maximum value and usability.
3. Project Organization and Management Requirements
Since the application of BIM Technology involves collaboration among multiple individuals, disciplines, and parties, it is necessary to first clarify the responsibilities of a designated person (for example, a BIM project manager) for the contracting party.
Additionally, the contracting party should establish all relevant norms during project execution, with specific clauses detailing these requirements. The tasks and responsibilities regarding project coordination and collaboration must be clearly defined as well.
4. Delivery Format and Document Organization Requirements
Clearly specify the requirements for the organization, format, version, and media of the deliverables.
5. Intellectual Property Requirements
The ownership of intellectual property rights related to the entire BIM project must be clearly defined. This includes project deliverables, process documentation, any patents or proprietary technologies developed, and any trade secrets involved. A detailed explanation of this section will be provided in the next part.
In addition, the contract should define the performance period, work plan, price or compensation, payment terms, work location and methods, liability for breach of contract, and dispute resolution. These should be adjusted according to the actual conditions of the design project, and corresponding clauses may be added based on the main contract and project-specific requirements.
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