September 20, 2019

BIM Modelling: which legal consequences?

by Martina Favini in Deepening

The Digital modelling and the presence of the CDE (Common Data Environment) represent an opportunity for the law making and contractual practices.
Digital modelling requires to rearrange, under the contractual terms, the main contractual performances and the ancillary activities (i.e. modalities of delivery, verification, validation of the projects and testing).
The digitalization of the design has changed the professional figures involved in that activity: roles, processes, objects, responsibilities, targets needed to be re-thought.
The outcomes of the activities are progressively integrated and everyone has the possibility to monitor the evolution of the model and its data, promptly identifying and solving the errors occurred.
The possibility to forecast and rapidly solve the errors would require to every part of the process, including the client, a different and higher level of diligence and would imply a change of the responsibility. And of course, a renegotiation of the relevant insurance policies.
As the professional performances become more and more integrated with each other, it is important to identify the discipline applicable to the so-called complex obligations with joint implementation (obbligazioni congiunte ad attuazione congiunta): this operation will be conditioned by the orientation the Civil Tribunals would take in the near future.
The deeply collaboration of the parties requires to set up a new network discipline that goes beyond the single contracts. Collaborative procurement satisfies this requirement. These contracts help the companies to improve their performances and to better use the modelling system made by brain storming, with evident advantage for the client. Without alliancing contracts BIM is much less useful.
At the same time, without an adequate implementation of the contracts, companies would be subject to more risks in term of responsibility.
There is a big danger in developing BIM modelling without a cultural change. In the current market of construction, for example, there is no way of wasting money, or false myths to be followed. What we need is far-sightedness, concreteness and collaboration, at all levels.