AIA Contract Documents BIM Series Part 3: An Introduction to the New 2022 BIM Documents

{"version":"0.3.0","atoms":[],"cards":[],"markups":[["a",["href","https:\/\/www.aiacontracts.org\/articles\/6500004-aia-contract-documents-bim-series-part-1-how-bim-exhibits-manage-risk"]],["a",["href","https:\/\/www.aiacontracts.org\/articles\/6502590-aia-contract-documents-bim-series-part-2-the-knowledge-divide"]],["b"],["u"],["strong"],["a",["href","https:\/\/www.aiacontracts.org\/contract-documents\/6524263--bim-exhibit-for-sharing-models-with-project-participants-where-model-versions-may-be-enumerated-as-a-contract-document","target","_new"]],["a",["href","https:\/\/www.aiacontracts.org\/contract-documents\/6524282-bim-exhibit-for-sharing-models-with-project-participants-where-model-versions-may-not-be-enumerated-as-a-contract-document","target","_new"]],["a",["href","https:\/\/www.aiacontracts.org\/contract-documents\/6524283-bim-exhibit-for-sharing-model-solely-within-the-design-team","target","_new"]],["a",["href","https:\/\/www.aiacontracts.org\/contract-documents\/6524290-bim-exhibit-for-sharing-model-solely-within-the-construction-team","target","_new"]],["a",["href","https:\/\/www.aiacontracts.org\/contract-documents\/6524326-bim-execution-plan","target","_new"]],["a",["href","https:\/\/www.aiacontracts.org\/contract-documents\/6524332-digital-data-licensing-agreement","target","_new"]],["a",["href","https:\/\/www.youtube.com\/watch?v=IT3F6iO2C-s"]],["a",["href","https:\/\/www.youtube.com\/watch?v=rlVKjTIwJJY"]],["a",["href","https:\/\/www.aiacontracts.org\/resources\/69541-guide-instructions-and-commentary-to-the-2013-aia-digital-practice-documents"]],["a",["href","https:\/\/www.aiacontracts.org\/articles\/6517505-aia-contract-documents-bim-series-part-4-bim-as-a-contract-document--can-it-be-done-","target","_new"]],["i"]],"sections":[[1,"p",[[0,[],0,"June 7, 2022"]]],[1,"p",[[0,[],0,"Later this year, AIA Contract Documents will\nunveil their new digital practice documents that deal with the terms and\nconcepts surrounding the use of a building information model, or \u201cBIM.\u201d In the\nleadup to this release, the AIA Contract Documents program is publishing a\nseries of articles talking about all things BIM. This is Part 3: An\nIntroduction to the AIA\u2019s New BIM Documents."]]],[1,"p",[[0,[],0,"As explained in "],[0,[0],1,"Part\n1"],[0,[],0,", BIM is increasingly being woven through the fabric of every design and\nconstruction project. Therefore, it is becoming progressively more important\nfor those who negotiate contracts to understand the nuances of BIM and \u2013 on the\nother side of the divide \u2013 for those who engage in modeling to understand the\nnuances of their contract terms. This, in essence, is the \u201cknowledge divide.\u201d "],[0,[1],1,"Part\n2"],[0,[],0," of our series dove deeper into this knowledge divide and provided some\nrisk management strategies to overcome it. Now, let\u2019s talk about how the AIA\u2019s\nnew BIM documents are structured to facilitate this risk management strategy."]]],[1,"p",[[0,[],0,"The AIA Contract Documents\nCommittee spent multiple years updating the 2013 BIM documents, which included\nthe G201-2013, G202-2013, E203-2013, and C106-2013. The Committee interviewed\nand received feedback from scores of BIM experts to understand how this aspect of\nthe industry was changing to determine what sort of language the new BIM docs\nshould include. Throughout this years-long effort, the Committee elected to\nmake a few significant changes to the BIM documents, discussed below."]]],[1,"p",[[0,[2],0,"\n"],[0,[3],2,"NEW STRUCTURE"]]],[1,"p",[[0,[],0,"The new BIM documents will have a\ndifferent structure than their predecessors. In 2013, the parties completed both\nan E203-2013 exhibit (which outlined the parties\u2019 understanding with respect to\nestablishing the parties\u2019 expectations for the use of digital data and BIM on\nthe Project and providing a process for developing the detailed protocols and\nprocedures that govern the development, use, transmission and exchange of\ndigital data and BIM on the project) and a G201-2013 exhibit (which contained\nprovisions related to protocols and procedures that govern the transmission,\nuse and exchange of digital data on a project). Then, throughout the project,\nthe parties could incorporate a G202-2013 exhibit (which contained provisions\nrelated to protocols and procedures that govern the development, transmission,\nuse and exchange of building information models on a project). "]]],[1,"p",[[0,[],0,"The Committee has streamlined the\nexhibit process by combining the essential terms of the E203-2013, G201-2013,\nand G202-2013 into a "],[0,[3],1,"single"],[0,[],0," exhibit, which will be provided in multiple\ndifferent versions depending upon the extent of model sharing on the project.\nThe exhibit will set forth the parties\u2019 agreement on a few critical \u201cbig\nticket\u201d items, such as the extent of model sharing across the project,\npermitted model use(s), and confidentiality and intellectual property issues."]]],[1,"p",[[0,[],0,"After an exhibit is selected, the\nparties will then complete a BIM Execution Plan. Yes \u2013 you read that right! The\nAIA Contract Documents program has created a BIM Execution Plan. After the\nparties agree upon the \u201cbig ticket\u201d decisions in their exhibit, they can begin\nto make, and document, the more granular decisions related to model sharing in\ntheir BIM Execution Plan, such as how models will be named and saved, when and\nhow model files will be updated\/uploaded, software requirements, data security\nmeasures, and modeling protocols. The BIM Execution Plan, in turn, can\nincorporate a Model Element Table if the parties will be using one to designate\ntheir Levels of Development."]]],[1,"p",[[0,[2],0,"\n"],[0,[3],2,"NEW DOCUMENTS"]]],[1,"p",[[0,[3,4,5],3,"E201-2022 BIM Exhibit for Sharing Models with Project\nParticipants, Where Model Versions May be Enumerated as a Contract Document"]]],[1,"p",[[0,[],0,"The E201-2022 is intended to be\nused when Models will be shared among all Project Participants, and some Model\nVersions will be enumerated as a Contract Document. With the evolving nature of\nthe construction industry, it is reasonable to assume that Models, or \u2013 to be\nmore precise, Model Versions \u2013 will be increasingly used in the same way that\ntraditional 2D drawings are now: as Contract Documents. However, the decision\nof whether to permit a Model Version to be enumerated as a Contract Document is\nsignificant and has many consequences. Therefore, the new E201-2022 gives\nProject Participants the ability to explicitly permit or prohibit certain Model\nVersions to be enumerated as Contract Documents. As a result, since the same\nE201-2022 is attached to all of the contracts throughout the Project, all\nProject Participants are aligned in their understanding as to the extent of\nreliance on particular Model Versions. This unified understanding allows Model\nAuthors to structure their modeling services and fees accordingly."]]],[1,"p",[[0,[3,4,6],3,"E202-2022 BIM Exhibit for Sharing Models with Project\nParticipants, Where Model Versions May Not be Enumerated as a Contract Document"]]],[1,"p",[[0,[],0,"The\nE202-2022 is intended to be used when Models will be shared among all Project\nParticipants, but E202-2022 does not permit Model Versions to be enumerated as\na Contract Document. Many of the other terms of E202-2022 are similar to\nE201-2022."]]],[1,"p",[[0,[3,4,7],3,"E401-2022 BIM Exhibit for Sharing Model Solely Within the\nDesign Team"]]],[1,"p",[[0,[],0,"Unlike\nE201-2022 and E202-2022, E401-2022 is intended to be used when Models will be\nshared solely within the Design Team, which is defined as \u201cthe Architect, its\nConsultants, Subconsultants, and Sub-subconsultants, at any tier.\u201d In this\nregard, E401-2022 anticipates a more \u201csiloed\u201d approach to Modeling, where the\nDesign Team creates and distributes Models within the Design Team only, and\nthose Models are not intended to be shared with the Owner or any member of the\nConstruction Team."]]],[1,"p",[[0,[3,4,8],3,"E402-2022 BIM Exhibit for Sharing Model Solely Within the\nConstruction Team"]]],[1,"p",[[0,[],0,"Similar\nto the E401-2022, the E402-2022 anticipates a more \u201csiloed\u201d approach to\nModeling. Specifically, the E402-2022 is intended to be used when Models will\nbe shared solely within the Constuction Team, which is defined as \u201cthe Contractor,\nits Subcontractors, and Sub-subcontractors, including fabricators, at any tier.\u201d\nWhen using the E402-2022, the Construction Team can share Models within the\nConstruction Team only, and those Models are not intended to be shared with the\nOwner or any member of the Design Team."]]],[1,"p",[[0,[3,4,9],3,"G203-2022 BIM Execution Plan"]]],[1,"p",[[0,[],0,"BIM\nexecution plans are, by their very nature, Project Specific. G203-2022 is\nintended to serve as a framework from which the Project Participants can create\na Project-specific BIM Execution Plan. In this regard, G203-2022 contains\nmultiple fill points and is intended to stimulate conversations and document\ndecisions surrounding how the Project Participants will utilize BIM on their\nProject. All of the BIM exhibits contain language requiring the Parties to\nadhere to their BIM Execution Plan. Acting in a similar manner to a Project\nschedule, although the BIM Execution Plan is not intended to be a contract\nexhibit, Parties are contractually obligated to adhere to its terms."]]],[1,"p",[[0,[3,4,10],3,"C106-2022 Digital Data Licensing Agreement"]]],[1,"p",[[0,[],0,"C106-2022\nis similar to C106-2013, with some minor modifications."]]],[1,"p",[[0,[],0,"Also added were some Model Element\nTables, which will be discussed in more detail in a later article."]]],[1,"p",[[0,[],0,"The AIA Contract Documents program\nrecently presented multiple 60-minute panel discussions about "],[0,[11],1,"the Knowledge Divide"],[0,[],0," and\n"],[0,[12],1,"the risks surrounding\nmodel sharing"],[0,[],0,". You can also read more about the AIA\u2019s Digital Practice\nDocuments in the "],[0,[13],1,"Guide,\nInstructions, and Commentary"],[0,[],0,". Stay tuned for "],[0,[14],1,"Part 4 "],[0,[],0,"of this article series,\nwhere we will dive even deeper into the AIA\u2019s new BIM documents!"]]],[1,"p",[[0,[4,15],2,"AIA Contract Documents has provided this\narticle for general informational purposes only. The information provided is\nnot legal opinion or legal advice and does not create an attorney-client\nrelationship of any kind. This article is also not intended to provide guidance\nas to how project parties should interpret their specific contracts or resolve\ncontract disputes, as those decisions will need to be made in consultation with\nlegal counsel, insurance counsel, and other professionals, and based upon a\nmultitude of factors. Any language quoting from AIA Contract Documents that\nhave not yet been released is subject to change before final publication."]]]]}