Toolbox Talk Series Recap - BIM Lessons Learned

In the October 17, 2024 edition of Division 1's Toolbox Talk Series, Sam Gregory and Dr. Will Ikerd discussed the benefits and limitations of using Building Information Modeling (“BIM”) on construction projects.  As a threshold matter, Dr. Ikerd discussed what BIM is and, vitally, what BIM is not.  BIM is a process to generate and manage digital representations of the physical and functional characteristics of buildings (and other physical assets).  Put simply, if done properly, BIM can provide a digital representation of a property that can be used for planning, design, construction, and operations.  Dr. Ikerd focused mostly on the use of BIM in context of designing and constructing buildings, summarizing that BIM lets us complete projects twice: first virtually and then in reality.      

Dr. Ikerd expressed his view of BIM as tool to aid in a design team’s overall goal to deliver a coordinated design intent that is constructible.  In this sense, BIM can provide coordination for trades and include more information in a single model than what is found in two-dimensional drawings or in traditional Construction Documents (“CDs”). Unlike traditional CDs, BIM can easily model the relationships between different construction components or trades, such as between HVAC and plumbing to assure they do not conflict.  BIM can also have embedded metadata and relationships between the model’s elements, which can be useful for many things, including for facilities operations or for owners to consider completion dates for specific elements in relation to warranties.

Despite the promise of BIM, builders and construction lawyers should be aware of its limitations.  First, BIM can give the illusion of accuracy based on its precise modeling.  Dr. Ikerd cautioned that the challenge of modeling is tension between precision and accuracy.  Components can look precise but still be inaccurate. For example, a model of an MEP system can show pipes, ducts, and conduits running through each other.  Even if the modeling looks precise, it may not line up with the reality of constructing the MEP system and coordinating its elements, particularly if it does not account for tolerances from each of the elements.

Second, BIM deliverables rarely replace traditional CDs.  In fact, many municipalities require two-dimensional drawings for permits.  In the infrequent situation when BIM deliverables can replace CDs, it is typically for an Integrated Project Delivery (IPD) or Design-Build construction project delivery method.  Where BIM deliverables replace traditional CDs, parties need to be extra vigilant about documenting scope, schedule, fees, and quantity.

Third, contractors should not rely on BIM models blindly.  They should consider the time and costs associated with developing the model and with the coordination meetings (particularly where schedule is tight or the design fee is light).  If BIM is not done thoroughly, the CDs may be incomplete and put pressure on a contractor to complete construction based on incomplete drawings.  Trades also need to be aware of the Levels of Development (LOD) of the model, which range from LOD 100 (conceptual design) to LOD 500 (as-built).  Trades should take note of the LOD and clarify their bids accordingly.

Thank you to Sam Gregory and Dr. Will Ikerd for the useful overview of BIM and some lessons to keep in mind.

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Author Douglas J. Mackin is a construction attorney with Cozen O’Connor in Boston, Massachusetts. Doug counsels owners, developers, contractors, and subcontractors in all phases of a construction project, from contract negotiation through to completion, including disputes, litigation, and arbitration. Doug can be contacted at dmackin@cozen.com.