BIM Digitalisation: BEP, Intellectual Property and Contracts

The Comprehensive Digitisation of the Built Environment

BIM represents a paradigm shift in the AECO sector with the primary objective of optimising efficiency throughout all phases of an asset’s lifecycle, through improved coordination, error reduction, and informed decision-making.

These words may sound repetitive; however, digital integration introduces new variables, particularly in the contractual and legal spheres, which are seldom discussed. Let’s examine them…

Intellectual Property in a Collaborative Digital Ecosystem

One of the first technical and legal hurdles emerging with BIM is the management of intellectual property. The BIM model is, essentially, a complex database and a collective intellectual creation. Architects, structural engineers, MEP (Mechanical, Electrical, Plumbing) specialists, landscape architects, and constructors, among other professionals, contribute critical information.

Determining the authorship and ownership of this integrated dataset is fundamental. Contractual frameworks must define who holds the intellectual property of the overall model and its parts, as well as the rights of use, modification, and access for each participant, and the confidentiality protocols.

Cross-border Coordination: Standards and Legislation

The globalisation of BIM services may involve teams and regulations from different countries. This internationalisation adds layers of legal complexity. Regulations concerning intellectual property, data protection, professional liability, and even technical building codes vary significantly between jurisdictions.

To mitigate these risks, not only is comparative legal analysis necessary, but also the adoption of international standards, such as the ISO 19650 series. These standards provide a common language and information management framework, facilitating technical interoperability and contractual clarity between parties.

The BIM Contract and the BIM Execution Plan (BEP): The Project Backbone

Traditional contractual frameworks can be insufficient to address the specifics of the BIM methodology, making it necessary to establish agreements that accommodate the dynamism, collaborative nature, and interconnectedness of digital workflows. In this context, the ‘BIM Execution Plan’ (BEP) is a fundamental document, valid both contractually and operationally.

The BEP functions as the essential technical roadmap. This plan details technical roles and responsibilities, establishing who models each system or element, with which digital tools, and who is responsible for the technical validation and integration of information from each discipline, such as structures, MEP services, or architecture.

Furthermore, it specifies the Levels of Development/Information (LOD/LOI), defining the required degree of geometric detail and non-graphical information for the different project phases. The BEP also determines the Common Data Environment (CDE), setting the digital platform to be used and the protocols for the secure exchange of all project information, which allows for complete traceability and efficient file management.

It also includes coordination and clash detection protocols, detailing the procedures to identify, communicate, and resolve conflicts between the different building systems – for example, collisions between ducts and structural elements – before they impact the construction phase. Finally, it clearly defines deliverables and formats, specifying the delivery milestones for the BIM model and associated documentation, the required file formats, and the acceptance criteria.

Beyond the Digital Model: Materiality, Use, and Lifecycle in Practice

While BIM focuses on optimising design and construction through digital information, the ultimate success and functionality of a project inherently depend on the correct selection of materials, precise execution, and realistic lifecycle planning, including maintenance. A relevant case study illustrating the challenges that can arise in a project’s lifecycle is the Ponte della Costituzione (Constitution Bridge) in Venice.

This pedestrian bridge, incorporating glass steps and walkway sections, aimed for a particular aesthetic. However, since its inauguration, the glass pavement presented significant functional challenges. Numerous incidents were reported because the surfaces chosen for the project proved especially slippery, particularly with Venice’s frequent humidity or rain, which generated safety risks and led to constant complaints. Furthermore, these glass panels proved susceptible to cracking and breaking, requiring frequent replacements at a high maintenance cost.

The Venetian authorities made the technical decision to proceed with replacing the sections, aiming to drastically improve safety, durability, and reduce maintenance costs and frequency. This example, treated as a technical case, underscores the critical importance of evaluating the suitability of materials, fundamentally based on their behaviour in the specific environmental conditions of the location, their response to use, safety, and the long-term implications regarding maintenance and associated costs.

It is precisely here that a well-defined BIM Execution Plan (BEP) becomes a strategic tool. Through the BEP, it could have been required that the BIM model include, from the initial phases, not only geometric or aesthetic data but also critical lifecycle parameters: verifiable information on the material’s expected durability in the harsh Venetian environment, detailed maintenance requirements, performance data under intensive pedestrian use (such as certified slip resistance), and a substantiated estimate of the associated costs throughout its lifespan (inspection, cleaning, repair, eventual replacement).

The BEP would have formally assigned the responsibility to research, provide, and validate this vital information, making it an integral part of the design and decision-making process. This requirement, managed according to the BEP, would not only have facilitated a more robust analysis of the long-term implications of each design option but also, should problems arise, would provide a clear and documented basis for determining responsibilities and evaluating compliance with the agreed plan.

Dispute Resolution

Should disputes arise, the BIM model itself, with its wealth of information and historical traceability, can serve as an objective tool for analysing the causes of the conflict. In conclusion, BIM offers great potential for the AECO sector, enabling greater integration, precision, and efficiency.

However, its effective implementation requires not only technical competence but also careful attention to the contractual and legal structure. Clear definition of intellectual property, adaptation to diverse regulations, the drafting of specific contracts like the BEP, and rigorous management of risks and quality are indispensable.