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The What, When and How of the 2013 AIA Digital Practice Documents
by Krista Hallberg Kapp
As construction projects become more and more dependent on the transmission and use of digital data and building information modeling to execute a project efficiently and effectively, the need to set forth guidelines to govern such use has become increasingly apparent. Earlier this year, in an effort to set forth such guidelines, the American Institute of Architects (“AIA”) released a series of contract forms to facilitate owners’ and design and construction professionals’ transmittal and use of building information modeling and digital data on a construction project. This article provides owners and design and construction professionals with a summary of the new contract forms and when and how to utilize them.
AIA Document E203 — 2013 Building Information Modeling and Digital Data Exhibit
The purpose and intent of AIA Document E203 (“E203”) is to set forth in an exhibit, to be attached to all project contracts, an established and agreed upon protocol for the development, use, transmission and exchange of digital data for a project (the “Protocol”). If Building Information Modeling (“BIM”) is to be utilized for a project, the E203 also provides for the establishment of Protocols necessary to implement the use of BIM on the project. While the E203 is intended to be used as a contract document, it only sets forth the parties’ agreement to establish a Protocol. The actual details of such Protocols are to be included in AIA Document G201-2013 (“G201”) and AIA Document G202-2013 (“G202”).
Article 1 of the E203 provides project participants with a uniform set of definitions to be used for the development of the Protocol. Terms such as “Building Information Model,” “Model Element” and “Model Element Author” are carefully defined to assist project participants if the project participants desire to use BIM. It is also important to note that Section 1.3 of the E203 provides that if the parties agree to modify the established Protocols contained in either the G201 or G202, a party may request an adjustment in the contract sum or contract time. The requesting party must notify the other party (no time frame is provided for notification) that alterations to the established Protocol will result in a change to the requesting party’s scope of work and therefore warrants an adjustment to the contract time and/or contract sum. The requesting party’s failure to notify the other party will result in the requesting party’s waiver of any claims for adjustment in the contract time or contract sum.
Article 2 of the E203 provides that the transmitter of digital data warrants to the receiver that the transmitter is the copyright owner of such digital data. However, in transmitting the digital data, the transmitter does not convey any ownership right in the digital data and the receiver’s use of the digital data is specifically limited to designing, constructing, using, maintaining, altering and adding to the project. Use of the E203 and any modifications to Article 2 of the E203 should be carefully drafted to correlate with Instruments of Service provisions in the parties’ agreement. Such careful review and consideration is particularly important as the E203 provides that in the event of a conflict between the body of Article 2 of the E203 and the parties’ underlying agreement, the E203 will prevail.
Article 3 of the E203 requires project participants to anticipate and list the different types of digital data that will be used by the parties. Article 3 also sets forth that the parties’ agreed upon digital data Protocols shall be set forth in the G201. Article 3 further includes a section on the Architect’s obligation to manage and maintain any centralized electronic document management system implemented by the parties at the project.
Article 4 of the E203 provides for the establishment of a modeling Protocol if the parties agree to utilize BIM at a project. If the parties agree to use BIM, the detailed terms and conditions of the Protocol will be set forth in the G202. While the actual Protocol for the use of BIM on a project is to be set forth in the G202, Article 4 of the E203 requires that the parties list the portions of the project for which BIM will be used and the anticipated responsible party for the BIM in the E203. Article 4 also requires the parties to set forth the authorized use of the BIM for the project and requires the parties to include certain elements in the BIM Protocol. Article 4 of the E203 further sets forth responsibilities of the administrator of the BIM, such as facilitation of revisions to the BIM Protocol, compilation of a BIM archive at the end of each project milestone to preserve the BIM without alteration as a record of BIM completion as of that project milestone, and the procedures for storing and preserving the BIM upon final completion of the project. Article 4 of the E203 also anticipates that the parties may desire to create a post-construction model and if so, requires the parties to list the potential use of a post-construction BIM and the project participant responsible for creating the post-construction BIM.
AIA Document G201-2013-Project Digital Data Protocol Form and AIA Document G202-2013 Project Building Information Modeling Protocol Form
If the parties agree to utilize the E203 to govern the use of digital data and BIM on a project, the parties are required to set forth the Protocols for such use in the G201 and G202 respectively.
AIA Document G201-2013-Project Digital Data Protocol Form
Unlike the E203 that simply sets forth the parties’ intent to agree on a digital data Protocol, the G201 actually sets up the Protocol that will govern the parties’ use of digital data. The G201 is not a contract document and can be modified during the course of the project easily, without the need to modify each of the project participants’ contracts as circumstances on the project change. The G201 requires the parties to list the project participants (those parties whom have incorporated the E203 into their project contracts) and their agreement to: (i) utilize a centralized electronic document management system on the project; and (ii) follow certain requirements (agreed to by all participants) in using the centralized electronic document management system such as access to and security of the system.
Article 2 of the G201 sets forth the actual Protocol to be followed by all project participants, such as the procedures and requirements for storing and archiving digital data during the course of the project and at final completion. Digital data will likely be modified during the course of the project so it is important for project participants to be able to review prior versions of digital data to determine how such data has changed.
Article 3 of the G201 sets forth the Protocol the project participants must follow when transmitting or using digital data. To assist in the project participants’ development of a project Protocol, Article 3 includes a table to be agreed upon and completed by project participants with information such as the format of digital data and the transmission method and authorized uses of digital data. The table identifies different types of digital data (project agreements, project communications, submittals, drawings, etc.) that AIA anticipates project participants will utilize during the course of the project. After agreeing upon and implementing the project Protocol, the parties proceed with the project using the Protocol to protect the integrity of digital data while using the data during the course of the project.
AIA Document G202-2013-Project Building Modeling Protocol Form
If project participants express their intention to utilize BIM in the E203, the G202 is used by project participants to set forth the Protocol for such use. Like the G201, the Protocol is not included in the E203 as a contract document because as circumstances on the project change after initial agreement to the BIM Protocol, the BIM Protocol will likely need to be modified to reflect such changed project circumstances.
Similar to the G201, the G202 sets forth all project participants and their responsibilities for implementing the BIM Protocols. The G202 also identifies the composition of the BIM and the specific software and hardware requirements for utilizing the BIM. Because the utilization of BIM continues to be an innovative approach to constructing a project, the G202 also suggests that project participants enroll in a training program to learn about how BIM is to be used on the project.
The development of the BIM Protocol is set forth in Section 1.7 and Articles 2 and 3 of the G202. Section 1.7 of the G202 includes a table which requires project participants to agree upon and identify BIM Protocols that apply to the project. The AIA has inserted certain Protocols in the form G202, such as the BIM storage location, processes for accessing the BIM, design coordination and security for the BIM, which the parties will likely consider during the parties’ development of the BIM Protocol.
Article 2 of the G202 introduces the term LOD or Level of Development to assist project participants in their development of a BIM Protocol. The LOD provisions set forth in the G202 provide for and define the specific minimum contents of the BIM at certain project milestones. For example, at project milestone 1, the parties may agree the BIM shall be at LOD 100 and at project milestone 4 the BIM shall be at LOD 300. As the BIM “graduates” to the next LOD stage, the BIM has reached an increased level of completeness. Although the AIA has provided and defined the five levels of BIM development (LOD 100-500), the parties will need to identify and agree upon the project milestones to which each LOD corresponds. After the parties reach such agreement, the parties insert each LOD and corresponding project milestone into a table in Article 3 of the G202.
Article 2 also addresses and provides guidelines for how the BIM can be utilized by project participants at each LOD. Specifically, the G202 limits project participants’ use of the BIM to assist in the development of certain aspects of the project, such as costs and schedule based on the BIM’s LOD. For example, LOD 200 requires that the BIM be graphically represented as a generic system, object or assembly with approximate quantities, size, shape and orientation. The G202 provides that project participants may utilize a BIM at LOD 200 to show ordered, time-scaled appearance of major elements and systems. In contrast, the G202 provides that the BIM at LOD 300 shall be graphically represented as a specific system, object or assembly in terms of quantity size, shape location or orientation and that project participants may utilize the BIM at LOD 300 to show ordered, time-scaled appearance of detailed elements and systems in the development of the project schedule. Thus, as set forth in the form G202, the project participants’ authorized reliance and utilization of the BIM increases, as the BIM’s LOD increases.
In an effort to summarize and correlate all requirements of the G202 and further assist project participants’ development of a BIM Protocol, Article 3 of the G202 provides the parties with a table (“Model Element Table”) that essentially lists: (i) each element of the BIM; (ii) the LOD for each element of the BIM at certain project milestones, and (iii) the author of each element of the BIM at certain project milestones. If the parties carefully and accurately complete the Model Element Table, the parties will be able to successfully rely on the G202 Protocol to develop and rely on the project’s BIMs.
Conclusion
As a result of the ever-growing use of technology, digital data and building information modeling on construction projects, the AIA’s 2013 Digital Practice Documents have been established to assist project participants in developing established protocols and guidelines through which such electronic forms of communication can be properly utilized. Prior to the commencement of a project, industry professionals should consider implementing the AIA’s 2013 Digital Practice Documents to govern the use and protect the integrity of digital data during the course of a project.