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Integrated practice, in which the bright line between design and construction is blurred, is facilitated through the use of building information modeling (BIM) technology. The use of BIM could mean fundamental changes in the project delivery process, opening up new opportunities for service and reducing exposure to communication and documentation problems that now lead to so many claims.
As the construction industry consolidates around the use of BIM, it is unclear who will take the lead as project information integrators. Licensed professionals may be in the best position to control the overall process.
As collaborative design efforts develop, parties ranging from client consultants to manufacturers to specialty contractors will provide design elements in the real-time BIM database. The U.S. legal system requires that parties harming others because of their negligence rectify that harm, and any party providing negligent design input should be liable if that negligence causes harm to end users or other project stakeholders. Contractors and others with design responsibility can and should be insured for their negligence in creating or furnishing design information.
As firms explore new revenue and business opportunities, they may need other insurance coverages. As the present design and construction industry sectors evolve into new business models, like BIM, the insurance industry, too, will change. Change comes slowly, however, in an industry where pricing models are based on established legal precedents and claims statistics developed over decades. “No-fault” policies covering design exposures and digital communication problems for all parties are unlikely to soon be offered because the probabilities of loss are so speculative.
During the transition of the design and construction industry, however, firms can count on Schinnerer’s expertise and our readiness to respond to an evolving practice with clear policy language and coverage options, just as the program has for the last 50 years.
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