BIM project developments imply, during the design and construction process, the collaboration of architects, engineers, specialized manufacturers, contractors and owners in a somewhat different way than what we have been working on until now.
These differences affect the way we work but also contractual issues, which will require modifications to cover new legal aspects that may arise in the development of the project and operation of the building.
At the moment, in the case of Spain, we are learning how workflows and collaboration formulas are managed with BIM methodology, and sometimes we base these analyzes on the way of working in other countries, but we end up finding that we must work and adapt these flows to our legislation: LOE, CTE, Civil Code, Law of Professional Attributions...
One of the main problems we currently encounter is that the building agents included in the LOE do not correspond one hundred percent to the usual BIM roles, and, furthermore, in the use of the BIM methodology there is a degree integration of all agents throughout the project process, increasing the casuistry of issues that may require consideration in project development contracts.
BIM integrates he design and construction (and, potentially, the use and maintenance) of a project's activities. This implies the collaboration of the various parts, and the possible number of stakeholders given access to the models to increase the depth of that collaboration. From this arise inconsistencies with our current legislation, such as issues of intellectual property and clarification of responsibilities.
The experience of the Anglo-Saxon world
In the case of building, in the Anglo-Saxon world, traditionally the figure of the architect, as a drafter of projects, has limited his responsibility to architectural design. It is the construction who knows responsible for technical and constructive development of the project, and it will be this entity that will be held responsible in the event of problems or defects in the building; For example, in the United States, you can acquire the plans for a housing project, so that a contractor – who will have a minimum qualification and liability insurance – can carry out the construction, taking care of all the necessary administrative processes.
The case of Spain: The figures of designer and work execution management
Most regulations, manuals, figures – BEP, LOD, and other BIM acronyms – are impregnated with this philosophy; However, the legislation model in Spain is quite different. The figure of designer (generally an architect in the case of building) has more weight and responsibility, in addition to the fact that another actor appears, who does not appear in the Anglo-Saxon world: the Work Execution Management (Surveyor, Technical Architect or Building Engineer) who is also jointly responsible for the work.
Regardless of whether the project is developed using BIM methodology or in pencil, the responsibility of the designer in our regulations is clear. This reflection should alert us to the convenience of not directly transposing the BIM workflow models to our country, and previously adapting them to our legislation.
As we saw, in the BIM methodology there are figures not considered as agents and that can appear in the different phases of the building's life cycle, such as the Project Manager or, as until now, it is common for external companies or technicians to participate in some parts of the project. project. In general, and with the traditional way of working, the first case has been resolved with a contractual and direct relationship with one of the recognized intervening Agents, and the second in this same way or through the use of partial projects (although it is a figure that does not ends up being used very frequently). Cases of work not contemplated in the LOE also appear: such as feasibility studies, pre-design or demolition of the building.
To do this today, we use contracts and the documents attached to them to clearly define the functions and responsibilities of each role, but we understand that with the passage of time and the evolution in the implementation of the methodology in the sector, regulatory changes will appear. that help define these cases.
