Contract Issues in the Use of Construction Building Information Modeling

Kimberly A Hurtado and Patrick O'Connor Jr

July 2009

A paper presented to the Society of Construction Law International Conference held in London, 6th-7th October 2008.

Following Howard Ashcraft's paper (number D101) on Building Information Modeling, the authors look at the legal issues raised and some recently published contract documentation used in the United States. They explain that the legal community is struggling to assist in developing meaningful contract terms relating to the use of BIM technology. They consider the issues to be considered when preparing contract provisions, including the purposes for which the model will be used; the schedule for deliverable from the model; how data from one model will be transferred or incorporated into other models; how the modelling process is to be managed; the level of reliance that can be placed on modelled information; and how the model is to be used after construction is completed.

Introduction - The BIM design development process - Issues to be considered when preparing contract provisions regarding BIM use - Standard contract approaches to BIM - Challenges in working with BIM technology - The future of BIM - Appendix.

Kimberly A Hurtado is managing shareholder of Hurtado, SC, Milwaukee, Wisconsin and Patrick J O'Connor Jr is a partner of Faegre & Benson LLP, lawyers in Minneapolis, Minnesota.

Text 11 pages and Appendix 9 pages.