"It's a BIM New World" - The Next Revolution in Design & Construction Technology

By Tara B. Mulrooney, Esq.

On October 13, 2006 Zetlin & De Chiara LLP and McGraw-Hill/New York Construction in collaboration with the New York State Chapters of the American Institute of Architects and the American Council of Engineering Companies held a symposium on Business Information Modeling ("BIM") entitled "It's a BIM New World - The Next Revolution in Design and Construction Technology." Several distinguished panelists provided an overview of BIM and its impact on the design and construction industries.

Presentation of Philip G. Bernstein

The symposium commenced with Philip G. Bernstein, FAIA, LEED AP, providing an introduction to BIM and and explanation as to why the construction industry is moving towards implementing BIM on an increasing number of projects. Mr. Bernstein is the Vice President of Industry and Strategy Relations for Autodesk, a leading provider of software for architecture and engineering. At Autodesk, he is responsible for charting the company's future vision and strategy for technology serving the building industry. Mr. Bernstein explained that traditional two-dimensional, orthographic drawings are inadequate for the complexities of today. In his opinion, although technology is the catalyst behind the move towards BIM, other factors are also driving the industry to implement BIM.

According to Mr. Bernstein, the demands of today's world are increasing architects' responsibilities on projects. For example, design professionals must now address such issues as green building standards, smart buildings and building security concerns. These issues drive the need for BIM as they require integration between the various phases of a project which is lacking under the traditional scheme of two-dimensional drawings. Under the traditional scheme, construction and design are isolated and there is very little integration between the two as architects do not think about construction aspects of the project and contractors do not think about design or building needs. According to Mr. Bernstein, BIM facilitates redirection toward the integration between design and construction throughout all phases of a project from design and bidding through construction and use of a building. Specfically, it is BIM technology which provides a single database for all building information in a single location. This one database can be used by all the players on a particular project. It provides a digital simulation of a building which, according to Mr. Bernstein, puts architects back in the driver's seat in the building process.

Presentation of Dennis Shelden

The next speaker, Dennis Shelden, is the Chief Technology Officer of Gehry Technologies, a building industry technology company formed in 2001. Mr. Shelden's presentation centered on the broad potential for BIM and the effect it will have on all players in the building industry.

Mr. Shelden pointed out the important collaborative aspects of BIM. He explained that BIM is a tool which provides threedimensional models incorporating a single locus of quantity and dimensional control information. In addition, BIM technology enables traditional cost expense analysis to be done in three-dimensional models. Through BIM, the architect's models and shop drawings can be integrated back into one coordinated model and used as a collective source of information. A user also has the ability to move between various models, such as from a structural engineering model to a structural detail model. This will greatly enhance project coordination. BIM allows the players to discover and address conflicting information early on in the process. This ability leads to cost savings and promotes efficiency as it prevents the need for value engineering later on. Mr. Shelden further pointed out that, by using BIM, a budget can be established over the course of the project rather than at succinct phases, which creates another way to establish cost savings. Another practical benefit cited by Mr. Shelden is that BIM enables users to directly use three-dimensional models onsite in the job trailer.

Mr. Shelden also discussed the value BIM brings to owners. He explained how owners often do not realize the value of all the information they receive when traditional two-dimensional drawings are used. In contrast with BIM, information that would typically be contained in stacks of twodimensional drawings are brought together in a single model or series of models making the information easily accessible and usable to owners. A final benefit cited by Mr. Shelden was the cost savings that BIM can yield. One example of how BIM reduces costs on projects is that by having all project information available and easily accessible the variability of bids goes down. The end result is that a quality bidder rather than a low bidder gets the job, which leads to cost reduction of as much as ten percent, as well as a reduction of risk. Thus, Mr. Shelden expressed that BIM' s important collaborative aspects offer a wide range of potential for all users which will greatly benefit the final product.

Presentations of Carl Galioto, FAIA and Paul Seletsky

Carl Galioto, FAIA and Paul Seletsky gave presentations which focused on BIM as a process that will greatly enhance construction/development. The first of the two presenters, Mr. Galioto, a partner at Skidmore, Owings & Merrill LLP ("SOM"), is in charge of the firm's Technical Group, which consists of approximately two hundred architects. He has been in digital design for over 25 years and recently has been leading SOM's BIM initiative.

Mr. Galioto set forth the following three principles regarding BIM: (1) BIM is a process not a product; (2) BIM is a toolbox that has many different tools for different tasks; and (3) BIM will greatly enhance the construction process.

Paul Seletsky is the Director of Digital Design for SOM. Mr. Seletsky is extremely knowledgeable about BIM, as he presides over SOM's research and development efforts in the use of BIM as a strategic design process. He explained how BIM enables architects to do more than just supply documents by providing them a process by which they can study every aspect of a building. BIM enables an architect to understand the conditions and environmental factors affecting a building. He explained how buildings do not exist in a vacuum, but how they are affected by external factors such as wind and sun. Through slides, he demonstrated how BIM can be utilized to study the effects of these conditions and how this information can be used to influence the design of the building. For example, BIM can be used to determine how the sun will penetrate the building's surface and what kind of conditions it will create in regard to glare, temperature and lighting. The architect is then able to incorporate such information in the project's design.

Mr. Seletsky showed the audience how the BIM process was used for a recent project in Seoul, Korea known as the Lotte Tower, which is the second tallest building in the world. Through slides, he demonstrated how information provided by the structural engineers was incorporated into various models such as an illustration of the façade and curtain wall, a model of the core showing egress conditions and a model of mechanical conditions. Thus, he advised that BIM enables all the players on a project to look at the same building in a variety of ways and under various conditions. He also demonstrated how BIM allows an owner to quantify with certainty the costs of running the building from year to year. In conclusion, Mr. Seletsky demonstrated that BIM is more than just a rendering of models. The process enhances the ability of architects to understand the buildings they are designing.

Presentation of James Brogan, AIA

The next speaker was James R. Brogan, AIA, Senior Associate Principal and Director of Information Technology at Kohn Pedersen Fox Architects PC ("KPF"). Mr. Brogan oversees all aspects of technology for KPF's three locations in New York, London and Shanghai including software strategies for performance based 3-D modeling tools and BIM/CAD technologies. Mr. Brogan's presentation focused on KPF's use of BIM on several projects all around the world.

Before discussing specific projects where KPF is using BIM technologies, Mr. Brogan gave a brief overview of BIM. He reiterated that BIM is more than modeling. It is primarily a set of tools for the management of information, which enables architects to make better, more efficient designs.

He then presented slides to demonstrate how KPF has used BIM on various projects around the world. The first project discussed was Magnolia Towers in Shanghai. Slides of the building's models showed real time data which demonstrated how BIM can be utilized to educate the architect at the front-end of the project. Mr. Brogan stressed that one of most critical components of BIM is that it provides the architects with the ability to understand and manipulate project data at the beginning of the process, which helps them avoid taking a static or reactive approach to building design. Next, Mr. Brogan showed how BIM was being utilized by KPF for the design of a project known as Bishop Gates Tower in London. He displayed various parametric models of the project to show how BIM can update project data on the models in real time. Other projects discussed included the Pershing Square residential tower in Los Angeles and a hotel in Phoenix, Arizona. Through his discussion of these projects, Mr. Brogan demonstrated how the various parametric models of the buildings could be used and shared throughout all stages of the project.

Presentation of Michael K. De Chiara, Esq.

Michael K. De Chiara, Esq., a founding Partner of Zetlin & De Chiara LLP, discussed the legal implications of BIM, focusing on what will happen legally when the building industry embraces this burgeoning technology. Mr. De Chiara briefly presented an overview of the evolution of the design and construction industry and the introduction of BIM. He explained that BIM allows a fully-integrated five-dimensional design, which consists of three-dimensional plans, a fourth-dimension real time construction schedule and a fifth-dimension cost flow analysis. The primary question Mr. De Chiara posed is what effects will this new technology have on the legal obligations and liabilities of design professionals, owners and contractors.

One aspect of this legal change is the standard of care to which design professionals will be held. On the one hand, early access to project- wide information and voluminous detail regarding every aspect of the project will lead to enhanced design, more efficiency and greater coordination among players; on the other hand, this access to information may impact the standard of care to which the design professional is held. Currently, design professionals are liable for their own negligence and this standard of care requires them to exercise the same care and competence exercised by a reasonably skilled member of the profession within the community. The advent of BIM will raise the bar significantly, and, according to Mr. De Chiara, may even push the requisite standard to a level of perfection. Concluding that an increased standard of care is inevitable, he stressed the importance of negotiating strong contract language to clarify expectations and protect the design professional. Another legal issue that will have to be addressed in contract negotiations is ownership of documents. With all the various contributors to the BIM model, the question of who owns the copyright to which documents will arise. Mr. De Chiara stressed that, in order to protect themselves with respect to liability and ownership issues, design professionals must negotiate strong contract language to safeguard their interests.

Moderated Panel Discussion

Following the presentations by the speakers, Mr. De Chiara moderated a panel discussion. The panel consisted of the earlier speakers, plus the following presenters: John Marinello, Allan Paull and Robert Schubert. Mr. Marinello is the Vice President of the Information Systems Department of Flack + Kurtz. Mr. Marinello has over 14 years experience in information system services with regard to specifying and deploying networking equipment such as enterprise services, work stations, switches, cable management and VPN and VPLS solutions equipment. His experience encompasses all areas of information system design and support services, as well as project management of cable plant installations and large scale equipment procurement. Allan Paull is the First Vice President of Civil and Structural Engineering at Tishman Construction Corporation of New York and has over 26 years experience in the structural engineering field. Mr. Paull is responsible for the overall review of structural design and construction for all Tishman projects in the region, which include such recently completed projects as 7 World Trade Center, the Whitney Ferry Terminal, the Borgata Hotel, Casino and Spa and the Westin New York at Times Square. He is also responsible for assisting in the resolution of construction issues on ongoing projects, especially those issues relating to material and labor shortages and union labor relations. Robert Schubert is the Senior Vice President of Construction for Boston Properties, Inc. In such capacity, he is responsible for the construction activities for the New York region of Boston Properties. Mr. Schubert has recently overseen the successful completion of 5 Times Square and 7 Times Square, and most recently managed the design and construction program at 90 Church Street for the United States Postal Service.

The first question posed by Mr. De Chiara to the panel was where they see BIM heading in the next five to 10 years. Mr. Bernstein responded that he believes it will take five to 10 years for BIM to establish itself as the norm on construction projects. Mr. De Chiara opined that it will really be the developers that will drive the future of BIM over the next 10 years since they, as financers of projects, will be making the decisions as to whether BIM will be required on a particular project. An alternative view is that insurance companies will be the ones driving whether or not BIM will be implemented on future projects. Some members of the panel were skeptical about owners' and contractors' understanding of BIM, how informed they were regarding BIM, and their readiness to adopt the new technology.

The next question was what effect BIM would have on the shop drawing process. Referring to shop drawings as a necessary evil, Mr. Schubert responded that, although he would love to see shop drawings earlier in the process, he does not believe the shop drawing process will be going away or radically changing anytime in the near future. He said that what may change in the next five to 10 years is the line between design and fabrication. It will become grayer and lead to opportunities as well as increased risks for all players. This concept of boundaries between disciplines shifting led to a discussion regarding frontloading of design. It was noted that the use of BIM and computer deliverables has started to blur the lines between the various stages of a project. The sentiment was expressed that owners will have to be more willing to fund the design BIM Report aspect of projects. BIM will present the opportunity to have the consultant and project team more involved in the design process of projects. Due to these shifting boundaries and a potential for new liabilities and risks to all parties, especially the design professionals, negotiating strong contract language at the outset of a project becomes imperative. For instance, it will be important for design professionals to draft language that protects them from liability in situations where they are just studying the model for information and not contributing information.

An audience member posed a question concerning whether BIM could be implemented on smaller scale projects and how to go about implementing BIM on a project. A panelist responded that it is not the size or scale of the project that should drive the decision of whether to use BIM. Examples of various smaller scale projects where BIM was successfully implemented were discussed. The panelist concluded that the key to deciding whether BIM may be beneficial to a project is to start a dialogue with all key players right at the outset of a project.