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International Construction Law Review

CONTRACT ISSUES IN THE USE OF CONSTRUCTION BUILDING INFORMATION MODELLING

KIMBERLY A HURTADO

Managing Shareholder, Hurtado, SC, Milwaukee, Wisconsin

PATRICK J O’CONNOR, JR

Partner, Faegre & Benson LLP, Minneapolis, Minnesota

I. INTRODUCTION

The use of computer-assisted virtual design modelling, also known as building information modelling or BIM, is strongly on the rise in the construction industry. Given its more robust ability to depict buildings than conventional two-dimensional computer-assisted drawings (CAD), BIM is growing in popularity, particularly amongst structural engineers and steel fabricators, whose work with complex shapes lends itself most readily to this technology. At present, the sophistication of BIM software and model development are not without their limitations, but as demand grows, so do the inventive solutions to augment the power and applications for BIM.
Part of the challenge in understanding BIM is that it encompasses both a new, interactive process for creating project designs, as well as a significantly enhanced design product, a digital, parametric1 model capable of furnishing information that 2D drawings and specifications alone cannot provide without significant effort. This technology is not merely a computerised geometric depiction of a building gleaned from line renderings using the Renaissance artist’s ability to trick the eye into perceiving three dimensions using drop point perspective. Instead, with BIM, data-rich or intelligent objects, referred to as elements, are incorporated into the model (in reality, a series of related models that collectively are often referred to as “the


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Contracts and Building Information Modelling

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