Following the construction industry and related legal topics in the United States.


Saturday, October 27, 2007

BIM FORUM Drafting an Addendum to ConsensusDOCS

hThe BIM Forum meeting in Boston (see my prior post on the Forum here) was preceded by last month’s initial release of ConsensusDOCS, the standard form contract software series created through the collaboration of Associated General Contractors of America (“AGC”) along with a host of other owner, surety, contractor, and subcontractor-related trade groups. (The American Institute of Architects, which is releasing the 2007 version of its own standard form contract documents within the next few weeks, elected not to participate in the drafting of the ConsensusDOCS.) While the impact of ConcensusDOCS on the design and construction marketplace is, of course, yet to be determined, given the range of interests represented in their drafting, they are likely to be influential.

The BIM Forum’s legal subforum met during the Boston conference to continue its work in drafting an addendum to the ConsensusDOCS that will address BIM-specific concerns. In those meetings, experienced contractors and architects set out with construction and surety lawyers to draft an addendum that is balanced for all parties concerned and which employs best practices – as opposed to those which might favor one group of project participants over others. The group is dealing with such things as the legal definitions of various forms of models, risk allocation, the control and security of the models used, and the proprietary and intellectual property issues related to use of BIM. The committee’s work is ongoing.

The next working meeting of the BIM Forum is in March of 2008, in Phoenix, Arizona. (This entry published by David Roberts, a member of Womble Carlyle's real estate development and construction practice group.)

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