With much debate about, there are varying schools of thought on its implementation and potential for the future. Take up in the industry has been slow to date but is expected to progress rapidly in the coming years and on several high profile projects. BIM Level 3 is expected on all public sector projects my the mid 2020's
As far as your Professional Indemnity Insurance policy is concerned, this might be a small part of the overall picture but the following need to be considered in using any level of BIM on a project.
Internal Procedure
Before concerns are realised around liabilities, perhaps the biggest challenge is internal procedure and training for those who will be actively using BIM going forwards. This in itself will be a costly and time consuming process but will minimise future issues. Levels of training and implementation will differ from firm to firm and will depend upon what level a consultant or contractor will be operating at. A consultant incorporating designs into someone else's model via a file sharing site at Level 2 will inevitably require less tutorage than those hosting a fully integrated Level 3 model which requires a much more complex understanding.
Either way, your Insurers would expect that you have invested in the right amount of training for your respective role. The same goes for appointing other professionals or contractors – are you comfortable with their overall understanding and knowledgebase of BIM?
Contractual Arrangements
As with any other project, getting the contractual matrix right is key. At any level, each and every firm on a project should know their responsibilities and how to go about them. Roles must be clearly defined and everyone must be able to take responsibility for their own acts or omissions. This will also flow from the agreed schedule of services but contracts are just as important so as to ensure that liabilities are mirrored by respective insurance policies and there are no grey areas. More applicable to Level 3 would be the use of a protocol attaching to any standard from of building contract which should more specifically define and apportion roles and responsibilities as well as time frames. It should also be clear on who controls the model and who may access or amend it.
If there is an issue on the project itself later on, you and your Insurers will inevitably benefit from being able to establish how the problem might have arisen and what the best course of action is. In many ways, organised correctly, the scenario of a potential PII claim against anyone on a project can be made less costly and less time consuming compared to a non-BIM project.
The BIM Information Manager
One of the main concerns around the use of BIM is its creation of a previously unseen role in construction – that of the BIM Information Manager. As with above, it is key to first understand what this means before pursuing it as a role. Larger firms will inevitably adopt this as part of their already multi-disciplinary function whereas there may be new firms that start life as specialist BIM Information Managers. There is the potential that liabilities associated with this role will not be covered by existing PII arrangements.
Issues around data security and cyber liabilities will mean that those losses arising from data corruption or viruses are unlikely to be covered by a traditional PII policy. This must be checked with your broker as the likelihood is that if you are hosting a model at Level 3 or are responsible for transmission of data files and data protection at Level 2 you will likely require a separate cyber liability policy to insure against these risks. Furthermore, cyber liability exclusions should be checked thoroughly if they exist.
In the 21st Century, 'cyber' risks are commonplace and exist outside of the BIM environment. The volume of e-mail traffic and stringent data protection regulation makes this a reality and one that most firms will have come across previously. The key here is understanding the difference between a professional services claim and what quite simply isn't catered for under your PII. Your insurance broker will be able to advise you further on this but the prudent advice is to notify your broker in writing whereby you will be operating a BIM manager role. It is also worth fully explaining what this actually means because other obligations such as being responsible for detecting any potential errors or issues in the model before going to site could cause issues for a narrower form of PII policy.
The Insurer's View
Historically, the global insurance market has operated on a very reactionary 'rear-view mirror' basis and its attitude to BIM will no doubt continue in this vein. Insurers are generally relaxed about the adoption of BIM. It is largely seen as a positive for the industry and will make some usual issues around fault or early detection much easier and cheaper to deal with. Much like prior issues with asbestos and terrorism, until there is a significant loss arising out of the use of BIM we are unlikely to see PII policies altered significantly. Many Insurers will have US operations too and they will inevitably be looking more closely at BIM in the US and how it is being adopted given its more advanced implementation there.
Those adopting future BIM use would be best advised to talk to their insurance broker and advise their Insurers of any changes to the business as a result. Existing PII arrangements will likely suffice at this stage for traditional professional services but much like BIM, the spirit of collaboration and cooperation can be utilized to minimize future issues.