Looks like the legal aspects of BIM are of interest to many of us. I'm not an expert on this but I'll humbly share my experience here:
1. I haven't seen any projects that actually use models for design check or permitting yet. Yes models can be required as deliverables, but not the primary basis for design approval or permit. So the concerns surrounding architects/engineers' liability of designs not issued by them were actually not likely in practice.
2. Depending on what delivery method is used, the way that architects/engineers share their models (if they share at all) is different. In design-bid-build, you will see bid-set drawings accompanied with models upon request. However, architects/engineers cannot be held responsible for the models they shared since the plans and specs are the official design documents stamped. Contractors can use the design models (usually at a level of development or LOD 300 level) as reference for their own purpose, such as constructability review or means and methods analysis.
3. In more collaborative project delivery method such as design-build, things are quite different. The design-builder (could be led by contractor, or architects/engineers, or developer, etc.) internally may have a process developed throughout the design phase, pre-construction phase and construction phase. What I've seen is people using collaborative platforms such as Collaboration for Revit (C4R) or now called BIM 360 to facilitate their design, pre-construction and construction stage modeling, coordination and installation efforts. Disciplinary design is controlled individually and shared via the platform as a federated model. The federated model has a built-in versioning control mechanism. Any design updates including the authoring party will be recorded. In real-time collaboration, access control of certain model components are managed via worksets if you're using Autodesk Revit. Other programs such as Graphisoft's ArchiCAD also has BIM server that is similar. Design evolves as the project team collaborates to go through permitting, coordination and then installation. Some team try to do full design modeling before permitting (which still requires the 2D drawings/specs produced from the building information models), then continue to detail the models for coordination. Some prefer to fast-track and divide the project into packages so they can design, permit, coordinate concurrently. In this case, the team collaboration become ultimately important, so is the design decision by the owner. I've seen design evolution and coordination stuck because owner can't commit to a particular design decision.
4. Regardless of all the nice functionalities and promises BIM holds, the final project outcome really still relies on the project team, which is the most difficult to teach in a classroom setting. We've been taking a modularized approach to teach BIM per BIM uses (e.g. design modeling, coordination, site logistics planning, 4D simulation, cost estimating, change management, and so on), yet the true dilemma we run into in real project settings are usually way more complex.
I'd like to hear more insights from construction legal experts or attorneys who had experience dealing with projects that implement BIM, and I appreciate all your inputs and conversation!
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Wei Wu Ph.D., A.M.ASCE
California State University, Fresno
Fresno CA
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Original Message:
Sent: 09-13-2019 02:58
From: Mark Gilligan
Subject: Best Practices of BIM Education and Talent Development in both Academic and Industry Settings
What I do not hear is an appreciation of the liability implications for the design professional when BIM is used.
Does the BIM model replace the need for shop drawings? If so then is the designer responsible for the issues addressed in the shop drawing process?
In a window replacement project where BIM was used assume the contractor fabricates to the dimensions in the model. What happens when the window does not fit properly in the existing framing?
How do we document what version of the model was made available to the contractor?
I believe there is a tendency for the BIM model created by various disciplines to show aspects of work within the scope of other disciplines. How do we make it clear what each design discipline is responsible for?
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Mark Gilligan S.E., M.ASCE
Berkeley CA
Original Message:
Sent: 09-12-2019 07:56
From: Chad Morrison
Subject: Best Practices of BIM Education and Talent Development in both Academic and Industry Settings
Viewed from an overall perspective, BIM is a process or system. Where the individual user interfaces with the model to create or obtain information it functions as a tool. The system is only as strong as its weakest link...often times that is the modeler. The coordinator or project manager for a given trade is not typically the modeler and therefore may not be fully aware of the latest changes and clashes. Meetings can devolve into trades arguing about what goes where.
The stamping of designs and formal construction drawings are still issued on paper or pdf as legal documents. Therefore, an engineer may want to hide the work of other trades when stamping his own work. Presentation and completion of drawings and details are the final product. There is much to learn and implement with the BIM process, but do not do so at the expense of basic drafting principles.
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Chad Morrison P.E., M.ASCE
Professional Engineer
Greenville RI
Original Message:
Sent: 09-11-2019 19:11
From: Larry Tortuya
Subject: Best Practices of BIM Education and Talent Development in both Academic and Industry Settings
Hi Everyone,
I enjoyed reading all the current responses on this topic. I must admit I haven't worked on a project that used the BIM process in quite a while and so I have a few questions to spark up more thoughtful considerations:
- Has there been any project fully implemented with a 3D Model as the design plan (no plan sheets produced, and signed by a licensed Engineer?)
- If so, how were the legalities that keep the licensed professionals regulated, implemented on past projects?
- As a licensed engineer, when I sign a set of plans, those then become the design set, given to the contractor to build, and any revisions/updates go through a fairly rigorous review process to create deltas and As-built plans at the end. How is this documentation handled?
- How do you lock down a model once the Engineer of record has given his "stamp" of approval?
Just a few thoughts on the matter. May not be related to what would be needed to be taught, but I think they go along with ethics. Thanks for your time.
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Larry Tortuya P.E., ENV SP, M.ASCE
Senior Project Manager
GHD
Irvine CA
Original Message:
Sent: 09-06-2019 02:07
From: Wei Wu
Subject: Best Practices of BIM Education and Talent Development in both Academic and Industry Settings
Interesting conversation, everyone! Thanks for sharing your thoughts!
Based upon what I've seen so far, it seems that there is a need to clarify some fundamental assumptions and concepts, and further provide more context to where does this conversation come from:
- First of all, I disagree that BIM is just a tool (sorry Chad). Without being too "academic", the definition of BIM really reflects three dimensions of implications: building information modeling (process), building information model (product) and building information management (value proposition).
- Second, I agree that there is a tendency (mostly due to lack of authentic understanding of the business values and use cases of BIM) to do BIM for the sake of claiming BIM-competent. But the case given by Jesse is a great example of how BIM is awkwardly being used in our industry today: without a collaborative (Larry, your point is well taken) and fully integrated process, one member's BIM within a project team could be lonely and counterproductive. But imagine, when the whole supply chain, including vendors/suppliers, could be on the same page, meaning that even the most fundamental building elements such as windows are already living in a digital ecosystem, and all buildings that have been built have a digital asset model already available, then will you still feel it's painstaking to use BIM for everything? My take on this is: we don't have a BIM-ready supply chain and information infrastructure available to allow the whole project team to explore the full potential of highly integrated BIM implementation in a collaborative environment. Except for a few state-of-the-art award-winning projects highlighted in social media, the majority of the industry are still looking at the low-hanging fruits as suggested by Jesse. However, as we're continuing to demand BIM and improve the quality of BIM deliverables to embrace a whole lifecycle use case of BIM (plan, design, construction and O&M), the chances are in the future, BIM will be the best option for delivering most of the projects.
- Third, in terms of educating our next-generation workforce, it's simply too overwhelming for an individual faculty to figure that out. That's exactly why we need more collaborative efforts to establish a foundation to define a consensus-based educational framework. We, the academic interoperability coalition (AiC), has spent the last few years and went through a pretty comprehensive process to develop something we entitled as the BIM body of knowledge (BOK). In a nutshell, the BIM BOK defines fundamental knowledge, skills and abilities (KSAs) that are deemed important (by a Delphi Panel consisting of both industry and educational experts) to perform job tasks that are relevant to BIM implementation. You can get a pretty quick overview of the BIM BOK here. We aim to use the BIM BOK to provide faculty and corporate trainers with a highly integrative and holistic framework to develop BIM curriculum and training programs, as well as benchmarks to assess competency and performance. I know it sounds very ambitious, but it's a bold step that we think is necessary.
- Fourth, in terms of the pedagogical aspects and some of the emerging topics in BIM education, such as how we simulate the collaborative project delivery environment in classroom settings, or how do we educate students about legal aspects of BIM (the forensic aspect of BIM use is still very limited), we simply don't have a great answer. For some institutions, they're lucky because they have all design, construction, planning and facility management disciplines/programs, so cross-departments projects become feasible. For others, it's simply out of the question.
Again, I really enjoyed reading all of your comments, and please continue to share this discussion with your network, and help us understand the very diverse perspectives towards BIM, its implementation, and our workforce development.
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Wei Wu Ph.D., A.M.ASCE
California State University, Fresno
Fresno CA
Original Message:
Sent: 09-05-2019 17:11
From: Jesse Kamm
Subject: Best Practices of BIM Education and Talent Development in both Academic and Industry Settings
I tend to agree with both Chad and Larry. I taught BIM for a few semesters and generally encourage it's use. But I've grown disillusioned towards it over the past few years since then. Towards Chad's comments: It IS used primarily as little more than another drafting and/or coordination tool in most cases.
I'll give you a real life example: I've got an existing commercial building project that needs the windows replaced. I don't need a full BIM model for that but nonetheless that's what the team wanted to use. All I really need to accomplish this is a good set of details (could even be hand drawn), and some pressure and energy calcs. So let's suppose I concede to the teams preferences and allow them to use BIM. Now as the building owner, I'll pay for additional drafting time (particularly with all the unknown conditions of an existing building) and I still won't own the model. The "instrument of service" argument is a big deterrent. Now.. if I could have the model and use it as a part of property maintenance and documentation then maybe it's gained some value to the extra expense. But that conversation usually comes with additional costs since the owner of the model (and liabilities) may not be as clear.
To answer the original post more directly, I think it would be helpful to teach students when BIM is useful and when it is not, how to use it effectively in property maintenance, and focus on all aspects of legal issues regarding BIM.
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Jesse Kamm PhD, PMP, A.M.ASCE
Senior Vice President of Construction Management
Original Message:
Sent: 09-04-2019 10:40
From: Chad Morrison
Subject: Best Practices of BIM Education and Talent Development in both Academic and Industry Settings
BIM allows the user to visually see the completed structure and all its components virtually, prior to construction. The model, is only as accurate as the detailers creating it. The creators need to master the basics of geometry, drafting, and reading of contract documents. Software skills are secondary.
Start back at the drafting board or 2D autocad. In high school, we started with a 3D physical object. We measured it and then drew an isometric and each face in 2D. This teaches one how to think in 3D and translate it to 2D. The next step is to fit a component within the surrounding structure. The software will tell you if there is a clash or not. However, it will not tell you if you can erect the beam within the space constraints present. Again, this takes the ability to think in 3D to visualize how the piece will be maneuvered in to place.
BIM is a tool. There is not much needed to teach one how to use the tool. There is a huge need to teach constructability and proper drawing presentation. You have created a perfect model. Now can you provide the sections, details, notes, welds, and dimensions so that someone in the shop or field can see what they need to do? Your drawing is not complete if the bolts are spaced properly, but no dimension is provided. The goal of BIM education should focus on how to integrate known fundamentals (math, reading, writing, geometry, construction) into a new system.
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Chad Morrison P.E., M.ASCE
Professional Engineer
Greenville RI
Original Message:
Sent: 08-29-2019 12:37
From: Wei Wu
Subject: Best Practices of BIM Education and Talent Development in both Academic and Industry Settings
BIM has become a standard practice world wide and we have seen an increased market demand for talent that has BIM-related competency. However, as a relatively new subject matter, what do you expect from higher education in preparing our next-generation workforce in performing BIM-related job tasks? What do you think are critical topics that college Architecture, Engineering, Construction and Facility Management programs should integrate when planning and designing their BIM curriculum? How do you plan to articulate career-specific BIM knowledge, skills and abilities (KSAs) requirements in your recruiting practices? How about evaluating your BIM department's performance?
The Academic Interoperability Coalition (AiC) is hosting its annual Academic BIM Symposium at University of Oklahoma next April to discuss these critical questions and exchange ideas to advance our education, training and research endeavors in BIM. We especially would like to encourage our industry professionals and experts to share thoughts, best practices and recommendations to establish a clear vision on how should we cultivate our future BIM talent.
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Wei Wu, Ph.D., CM-BIM, LEED AP, GGP, AM ASCE
Associate Professor
Department of Construction Management
Lyles College of Engineering
California State University, Fresno
2320 E. San Ramon Avenue, M/S EE94
Fresno, California 93740-8030
Tel: (559) 278-6011 Fax: (559) 278-4475
Email: <maskemail>weiwu@...</maskemail> | <maskemail>weiwu@...</maskemail>
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