Building Information Modeling - 39

SPECIAL ADVERTISING SECTION BIM’S Sixth Dimension: RISK AND RESPONSIBILITY ALLOCATION The strength and value of BIM are its multi-dimensional features. And there may be an added dimension to consider, suggest Michael S. Zetlin and Michael K. De Chiara, founding partners at Zetlin & De Chiara, LLP , one of the country’s leading law firms specializing in construction. The strength and value of BIM are its multi-dimensional features. And there may be an added dimension t o consider, suggest Michael S. Zetlin and M ichael K. De Chiara, founding partners at Zetlin & De Chiara, LLP, one of the country’s leading law firms specializing in construction. On its simplest le vel, BIM’s ob vious three d imensionality p rovides t he c onstruction team with increased spatial views of a pr oject. “The additional ‘fourth and fifth dimensions of schedule and cost’ now integrated into the design drawings c ontribute t o the new pac e and pr ocess for implementing a c onstruction plan,” explains Zetlin. One More BIM Dimension Is there a sixth dimension to BIM? Zetlin and De Chiar a suggest that there is, and this ‘sixth dimension,’ which may be less v isible t o the c onstruction team at the onset, is lik ely t o ha ve far reaching implications affecting how BIM is used to manage and guide a c onstruction pr oject. “The sixth dimension of BIM is its process for allocating r isk and responsibility,” proposes Zetlin. In tandem with the value of a multidimensional v iew of a desig n dr awing, the added value of BIM’s c ollaborative process and emphasis on more efficient construction is c harting a new c ourse for the wa y in whic h the entir e c onstruction project w ill proceed and who will be ultimat ely responsible for managing c hanges and interpretations of a spatially-expanded BIM design. According to De Chiara, “The collaborative a spect of BIM in i ts e arliest p reconstruction phase w ill establish guidelines for project and program process that is likely to have far-reaching implications later in the project.” Similar to early ‘partnering’ initiatives of the 1990s where all pr oject par ticipants ac cepted nonbinding r esponsibility for a r ole in the construction process, BIM will now set a more for mal codified responsibility that will lik ely impact on the legal r esponsibility of each project participant.” There are cautions adds Zetlin.“Without precedent as a guide, contracts and ag reements m ust beg in t o specify ho w pr ofessionals par ticipating in the BIM pr ocess will be r esponsible for the final desig n drawings and inevitably the final construction product. While BIM is establishing a new collaborative framework, it must concomitantly de velop a new bluepr int for the allocation of responsibility and r isk throughout the construction process.” Construction has a legal precedent that dictates who ’s r esponsible for what and assigns risk to specific parties. Traditional interpretation has plac ed r esponsibility on the architect and the design drawings. “BIM is e xploding o ur t raditional c ontract guidelines,” says Zetlin. “It’s opening doors wide to new interpretations affecting r esponsibility for desig n er rors, changes and interpretations that will ultimately affect a project’s constructability. ‘For Information Only’ De Chiara points out that the suggested ‘These drawings are for informational purposes only’ will provide some pr otection, Michael S. Zetlin Michael K. De Chiara but it really doesn’t do the job. The new BIM product must begin to guide a new BIM pr ocess that w ill in tur n affect ho w contracts and agreements are drafted to protect the desig n and c onstruction team as a BIM project proceeds to construction. The questions ma y appear intang ible at t his s tage s ays D e C hiara, “But t hey are real.” If everyone is feeding information into the process, who is ultimately responsible for the final pr oduct? What r isks should the owner bear? Who is responsible for manag ing the t ool? H ow should those i ndividuals be c ontractually a nd legally protected in that role, especially if the manager is a non-desig n professional? How will the design professional navigate a new t errain in whic h control for the final pr oduct is no longer a singular effort but a collaborative one? Zetlin and De Chiara suggest these are just some of the questions that c onfront the design and construction team as BIM roles out int o the mar ketplace w ithin new Integrated Project Delivery systems. “The ‘sixth dimension of risk and responsibility allocation ’ is an equally important perspective to apply as design and c onstruction pr ofessionals implement BIM t ools in t oday’s faster, leaner, smarter construction industry.” For more information about Z etlin & DeChiara, LLP, please visit: www.zdlaw.com BIM 39

Building Information Modeling

Table of Contents for the Digital Edition of Building Information Modeling