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Instructional and informative videos for design professionals.
Building Information Modeling:
Panacea or Pandora's Box?
"BIM" as it is commonly referred to, is being promoted as the answer to rapid and cost effective project delivery, minimizing delays in design and delivery of a completed project. Many Public Entities are requiring the lead design firm to adopt this system, without options of utilizing standard documents of hire to contract for their professional services. Mr. Seaman outlines a number of unanswered questions that have the potential to lead to errors, omissions, confusion and void of identifying a single point of project responsibility.
While "BIM" as it is termed, as a project delivery system may create a situation of "too many cooks in the kitchen", Mr. Seaman points out the sobering fact that architectural and engineering firms holding the design contract with the project owners must seal drawings and documents containing input from a variety of sources over which the contracting design firms have no direct control. Sealing drawings and documents with limited control of their creation, increases the degree of care prime designers must exercise over and above their normal standard of care, potentially leading to being drawn into litigation over problems created by others.
All design firms need to be aware of the unfavorable issues of this new project delivery format and be prepared to take measures to reduce their exposures to potential claims or demands alleging errors & omissions or breach of contract for a variety of newly created responsibilities contained in these contract documents. As with any non-standard contract of hire document, all such documents should be reviewed by the design professional's counsel as well as their insurance representative and carrier to determine the extent of responsibility beyond the customary standard of care and coverage provided by their Errors & Omissions Insurance Policy.
Mr. Seaman's presentation is spellbinding not only in his entertaining and relaxed presentation manner in covering this important topic, but pointing out important questions that raise legal concerns that may not be readily apparent to one's initial introduction to this new project delivery system.
Drew Seaman, Esquire, is with Straub, Seaman & Allen, 1014 Main Street, St. Joseph, MI 49085. Telephone: (269) 982-1600.
This Professional Development Seminar was Presented at the combined meeting of the a/e ProNet membership, The American Institute of Architects Risk Management Committee, The National Society of Professional Engineers' Insurance Committee, representatives of the American Institute of Architects Trust and representatives of The American Consulting Engineering Companies, October 6, 2006 in Chicago, Illinois.
This Seminar is produced by a/e ProNet and presented by Drew Seaman, Esquire, of Straub, Seaman & Allen.
This presentation is not represented as legal advice by either a/e ProNet or the presenter. Any person or design firm seeking legal advice and coverage information for their particular situation should consult their own Legal Counsel and Insurance Agent or Broker and Insurance Company.