Legal advisory

The BIM process is a set of technologies and processes that enable the automated collaboration of professionals interested in the creation or operation of a building in virtual space. While only 8% of domestic industry players currently make use of the possibilities of BIM, this number will increase rapidly in the coming years due to changes in legislation and customer demands, so those who act now can gain a significant competitive advantage over other players in the sector. However, BIM also has a number of legal aspects that must be taken into account in order to achieve the increase in efficiency expected from BIM. Such a key element of a successful BIM project is, for example, the proper settlement of intellectual property rights, the clarification of data management issues, and the creation of a properly edited contract framework that includes BIM, which settles the most important issues related to BIM before the conclusion of the contract, especially that:

– What should the model be suitable for?

– What requirements and expectations must the model meet?

- Which party's responsibility is it to make the model?

– What is the most efficient way to resolve cooperation between disciplines?

– What impact does the use of BIM have on the project schedule?

– How do the responsibilities of the parties develop in relation to BIM?

In order to avoid later legal disputes, it is vital that the project participants pay special attention to the proper settlement of these types of issues before concluding a contract. Therefore, with our contract concepts tailored to individual needs, we work to ensure that your company can focus on real value creation instead of legal disputes!

Some typical professional topics, in connection with how a proper legal planning of the project can be a major advantage:

One of the most common problems is that the client stipulates in the contract with the co-designers that they use 'BIM' or 'BIM Level 2' for the project. Since the interpretation of the definition of BIM is different for everyone, it is not enough to ask for it to be BIM. The actual requirements must be properly regulated, thus creating a clear and predictable set of conditions for all parties.

Egy másik gyakori kérdés a szerkeszthető modellre vonatkozó használati engedélyek tisztázása. Azon konkrét kérdéseket mindenképp szükséges rendezni, hogy például a megbízó felhasználhatja-e a modellt változtatások esetén, továbbadhatja-e más tervezőknek korszerűsítési projekthez vagy az engedély csak arra jogosítja, hogy a natív információkat felhasználja a vagyongazdálkodás során?

Finally, in many cases it is essential to accurately assess the client's needs before the start of the project and to record them in a suitable contractual form. In this context, it is particularly important that

does the client have standard BIM processes that must be met?
who has personal responsibility for managing and coordinating the BIM process?
what BIM performance goals does the client expect?
does the client have the right of access to the data stored in BIM in case of termination of the contract?