The digitization of economic life has also affected planning and construction. At home and abroad, construction projects are planned and implemented using new digital working methods. In particular, BIM (Building Information Modeling) is used as a working method in which parameterizable 3D objects are linked with alphanumeric object information in CAD programs. The use of BIM opens up a large number of new use cases for those involved in planning. This can e.g. For example, automated collision checks, quantity determinations derived from the models, quality checks and simulations. As a rule, architects and those involved in the planning each create their own models, for which they are responsible and which are regularly brought together in a coordination model become. On the one hand, the BIM working method provides aids for architects to optimize planning processes that have already been assigned to them with appropriate software solutions and to master the barely overlooked flood of technical and building regulations. On the other hand, BIM also enables use cases that go beyond what is required for solving the actual planning task. The BIM working method also enables loss-free data management during the entire life cycle of a project. In Germany, the successful implementation of the BIM method requires that the tried and tested planning structures and processes as well as the binding legal framework conditions are taken into account. An effective use of BIM does not require the replacement of the planning phases introduced in Germany with their milestones and decision-making options for the client, nor a departure from the price regulations of the HOAI. The BIM method does not lead to a postponement of basic services to earlier service phases. If the client wants a higher level of planning at an earlier point in time, it must be ensured that the services of later work phases are commissioned and remunerated in good time. The use of BIM certainly does not require an alternative to the contract-based service model for planning. Under these premises, the architects basically remain "system leaders" for planning even when using the BIM methodology and take on the coordination and integration of the individual 3D- Technical models of those involved in the planning. In contrast, the client remains responsible for ensuring the IT basis (data platform), for naming his client information requirements (AIA) and for the specifications for the BIM processing plan (BAP) and thus for the definition and monitoring of the information requirements, use cases , Software solutions and the workflow. However, when performing these tasks, the client can rely on special specialists such as B. Let BIM managers support you. The Chamber of Architects of North Rhine-Westphalia, together with relevant experts from the industry, has developed proposals for a service profile and for contractual clauses for the use of digital working methods in architectural services. These proposals contain an independent service profile for property planning. This is based on the HOAI service profile for property planning and supplements it with formulation suggestions for BIM-specific additional clauses, which can be integrated individually or in their entirety, if necessary supplemented by further clauses, into existing contract models or orientation aids or added as a contract annex. The basic services of the HOAI remain unchanged in their scope and only change with regard to the methodology. This means: The proposed additions are for clarification only. A change in the content of the basic services does not go hand in hand with this. The price regulations for the property planning services therefore remain unaffected. Regardless of this, the use of BIM can lead to a differentiated fee calculation and in particular to the addition of remunerated special services. The authors of these proposals are of the opinion that the performance obligations of architects in the use of BIM are still due to the requirements of the work contract to the assigned planning task and it is usually not necessary in advance and in many cases also not possible to describe the level of detail using LOD (Level of Development). This does not exclude the definition of minimum requirements, which are generally to be complied with, or project-related, insespecially in the case of complex project tasks, to evaluate the expediency of a previous definition of the geometric and informational depth of detail differently. An essential feature of the developed service and contract proposals is therefore to leave the contractor's personal responsibility unaffected, also with regard to the project-specific planning accuracy required. For this reason, the authors' suggestions define the minimum requirements for the use of the BIM planning method in an abstract, functional form. The supplementary instructions for use as well as any further contractual requirements in individual cases must be observed. The proposals consist of the following documents: n this foreword nBasic services in the object planning-BIM AKNW service profile n the application notes for the object planning BIM AKNW service profile n the instructions for LOD to be used if necessary n the supplementary clauses for architectural contracts with BIM to check whether they are subject to further contractual requirements than those defined by these minimum requirements. Qualified legal advice is usually required. The authors hope that their suggestions will be widely disseminated and are happy to include suggestions for improvement from project practice for future revisions. The authors: for the Chamber of Architects NRW (AKNW): Dipl.-Ing. Matthias Pfeifer, Architect, AKNW, RKW Architektur + StädtebauDipl.-Ing. Wolfgang Zimmer, Architect, AKNW, Koschany + Zimmer Architects KZADr. Florian Hartmann, AKNW external experts: Dr. Jörg L. Bodden, Kapellmann und Partner Rechtsanwälte mbB, Düsseldorf Prof. Dr. Klaus Eschenbruch, Kapellmann und Partner Rechtsanwälte mbB, Düsseldorf Dr.-Ing. Thomas Liebich, ACE3 Germany GmbH.

The additional clarifications are highlighted in color.

LPH 1 basic investigation

a) Clarification of the task on the basis of the specifications or the requirements planning of the client

b) Site visit

c) Advice on the entire service and research needs, including clarification of the planning method and the client information requirements

d) Participation in the development of a BIM processing plan

e) Formulating the decision-making aids for the selection of other technical participants in the planning, taking into account the selected planning method

f) Summarizing, explaining and documenting the results

LPH 2 preliminary planning (project and planning preparation

a) Analyzing the basics, coordinating the provision of services with those involved in the planning according to the selected planning method and contributing to the updating of the BIM processing plan

b) Coordination of objectives, references to conflicting objectives

c) Elaboration of the preliminary planning, examination, representation and evaluation of variants according to the same requirements, drawings or digital models on a scale according to the type and size of the object

d) Clarification and explanation of the essential relationships, requirements and conditions (e.g. urban planning, design, functional, technical, economic, ecological, building physics, energy management, social, public law)

e) Provision of the work results as a basis for the other parties involved in the planning as well as coordination and integration of their services by creating and using their own digital model and the digital models of the other parties involved in the planning

f) Preliminary negotiations on the eligibility for approval

g) Cost estimate according to DIN 276 on the basis of the quantities derived from the digital models, comparison with the financial framework

h) Creation of a schedule with the essential processes of the planning and construction process

i) Summarize, explain and document the results

LPH 3 design planning (system and integration planning)

a) Elaboration of the draft planning, taking into account the essential interrelationships, specifications and conditions (e.g. urban development, design, functional, technical, economic, ecological, social, public law) on the basis of the preliminary planning and as a basis for the further service phases and the necessary public law approvals using the contributions of other technical participants in the planning. Digital model according to the type and size of the object in the required scope and degree of detail, taking into account all technical requirements, for example in the case of buildings with a detail that corresponds to the scale 1: 100.

b) Provision of the work results as a basis for the other parties involved in the planning as well as the coordination and integration of their services using their own digital model and the digital models of the other parties involved in the planning.

c) Description of the property

d) Negotiations about the eligibility for approval) Cost calculation according to DIN 276 on the basis of the quantities derived from the digital models and comparison with the cost estimate

f) Updating the schedule g) Summarizing, explaining and documenting the results

LPH 4 approval planning

a) Developing and compiling the templates and evidence for public law permits or consents, including applications for exceptions and exemptions, as well as necessary negotiations with authorities using the contributions of other parties involved in the planning

b) Submission of the templates derived from the digital models

c) Supplement and adapt the planning documents, descriptions and calculations

LPH 5 implementation planning

a) Development of the execution planning as a digital model with additional graphic and textual work results as well as with all the individual information necessary for the execution on the basis of the draft and approval planning up to the execution-ready solution, as the basis for the further service phases

b) Execution, detail and construction plans as a digital model according to the type and size of the property in the required scope and level of detail, taking into account all technical requirements, for example in the case of buildings with a level of detail that usually corresponds to a scale of 1:50. Detailed plans can be created as 2D drawing supplements to the digital model.

c) Provision of the work results as a basis for the other parties involved in the planning, as well as coordination and integration of their services under 10 Use of their own digital Mmodels and the digital models of the other technically involved in the planning.

d) Updating the schedule

e) Updating of the execution planning due to the trade-oriented processing during the project execution.

f) Checking the necessary assembly models or plans of the building structures and structural fixtures planned by the property planner for compliance with the execution plan

LPH 6 Preparation of the award

a) Establishing an allocation schedule

b) Preparation of service descriptions with service specifications according to service areas, determination and compilation of quantities on the basis of the implementation planning, in particular the digital model, using the contributions of other parties involved in the planning and their digital models

c) Agreeing and coordinating the interfaces to the service descriptions of those involved in the planning

d) Determining the costs on the basis of the specifications of the services priced by the planner

e) Cost control by comparing the service specifications priced by the planner with the cost calculation

f) Compiling the tender documents for all service areas

LPH 7 Participation in the award

a) Coordinating the assignments of the specialist planners

b) Obtaining offers

c) Checking and evaluating the offers including drawing up a price comparison list according to individual items or partial services, checking and evaluating the offers of additional and changed services by the executing company and the appropriateness of the prices

e) Preparation of the award proposals, documentation of the award procedure

f) Compilation of the contract documents for all service areas g) Comparison of the tender results with the service specifications priced by the planner or the cost calculation

h) Participation in placing the order

LPH 8 property supervision (construction supervision) and documentation

a) Monitoring the construction of the property for compliance with the public law permit or approval, the contracts with the executing companies, the execution documents (the digital model), the relevant regulations and the generally recognized rules of technology 11

b) Monitoring the execution of structures with very low and low planning requirements for compliance with the proof of stability

c) Coordinating those involved in property surveillance

d) Establishing, updating and monitoring a schedule (bar chart)

e) Documentation of the construction process (e.g. construction diary)

f) Joint measurement with the executing company

g) Invoice verification including checking the dimensions of the construction company

h) Comparison of the results of the invoice audits with the order sums including supplements i) Cost control by checking the service accounting of the construction companies in comparison to the contract prices j) Cost determination, for example according to DIN 276

k) Organization of the acceptance of the construction work with the participation of other parties involved in the planning and property supervision, detection of defects, acceptance recommendation for the client

l) Application for acceptance under public law and participation in it m) Systematic compilation of the documentation, graphic representations / digital models and arithmetical results of the property

n) Handover of the property

o) List the limitation periods for claims for defects

p) Monitoring the elimination of the defects identified during acceptance

LPH 9 property management

a) Professional evaluation of the defects identified within the limitation periods for warranty claims, but no longer than five years after acceptance of the service, including necessary inspections

b) Inspection of the property to determine defects before the expiry of the statute of limitations for defect claims against the executing company

c) Participation in the release of security deposits

1 The object planning BIM AKNW service profile is intended to open up the advantages of digital planning using the BIM planning method. The aim is to achieve greater security of deadlines and costs as well as increased planning quality, among other things. also through automated test programs.

2 The requirements for the BIM working method for the specific planning task must be clarified with the client in the basic assessment. This includes the definition of the planning method and the coordination of the client information requirements (AIA). The BIM use cases, in particular the use of certain test programs (e.g. programs for automated collision checks), must also be defined on this basis. The BIM processing plan (BAP) serves as the central regulatory means for the BIM planning process. This is to be coordinated with the participation of the architect and the other technical parties involved in the planning. The scope of services assumes that the BIM processing plan is drawn up with the assistance of the architect. Accordingly, it does not contain any predefined specifications for a specific workflow or specific test programs.

3 The remuneration for the BIM-specific services shown in the property planning-BIM AKNW service profile are generally shown in the HOAI, as this is method-neutral. During a transition phase, it may be advisable to grant the architect an appropriate additional remuneration within the framework of the minimum and maximum rates of the HOAI for the additional work associated with the use of BIM. If the planner is assigned tasks that go beyond the partial services required to provide the basic services of the service profile, these are special services anyway, for which additional remuneration can be requested.

4 The use of the BIM method does not necessarily lead to shifts in performance in the planning process. Basic services are not brought forward to earlier service phases. If the client nevertheless wishes a greater planning depth at an earlier point in time, it must be ensured that the services of later work phases are commissioned and remunerated in good time. Regardless of this, it is recommended that service phases 1 to 7 be commissioned in a contiguous manner and that no step-by-step commissioning be provided in order to avoid redundant working methods and loss of efficiency. If the contractual requirements provide for postponements of services and a step-by-step award, it is advisable to mutually determine the remuneration for the individual service phases, taking into account any project-specific required postponements through the BIM working method.

5 The architectural services according to the object planning-BIM AKNW service profile are subject to the law on contracts for work and services. The partial successes of the individual work phases remain unaffected by the BIM method.

6 In service phase 2, the architect can work with a building model right from the start. However, he / she is not obliged to do so according to the performance profile presented. The service profile obliges the architect to create a work result in the form of a building model that concludes the service phase after agreeing the examined variants and determining the solution to be pursued. At the end of service phase 2 (preliminary planning), an overall model developed by the architect should therefore be available, but only to the extent that corresponding specialist planning services have been made available in a suitable form.

7 As part of the coordination function, the architect takes on BIM coordination in the planning process with the other parties involved in the planning. The architect only accepts responsibility for coordinating specialist planning services if the client has commissioned specialist planning services accordingly. Otherwise, the responsibility for the individual planning services remains with the respective planner.

8 quantities are derived from the digital model from service phase 2. Cost estimates and calculations are based on the quantities derived from the model.

9 The procedural concept is based on the fact that classic tender documents are produced as part of the preparation and participation in the award. A digital model is also transmitted to those involved in the execution as an information model, unless this is inexpedient in individual cases.

10 The building services profile does not provide for a link between the digital components and appointments. The architect remains free to decide how he / she plans the dates especially whether she / he links digital components with appointments or uses separate appointment planning software. If the client wants model-based scheduling, it must be checked whether this is a special service that is to be paid for separately.

11 As part of the updating of the implementation planning, the digital building model will be further developed. The architect's basic services do not include the creation of an as-built model. The transfer of the planning model into an as-built model is - if desired - to be agreed as a special service. The same applies to the creation of a facility management model (e.g. by reducing the data of the planning model and adding additional operationally relevant data).

12 The contracting parties can place additional requirements on the planning process and planning results that go beyond the basic services of property planning according to the HOAI service profile. According to the HOAI, these are to be qualified as special services. The architect only has to provide such services if a corresponding agreement (including any additional remuneration) has been made with him beforehand. This includes in particular: n the production of planning results that go beyond the basic services of the object planning-BIM AKNW service profile, in particular those that are not required to achieve the results of the individual service phases according to the HOAI, n the use of tools with which additional requirements to the planning process and the results, such as E.g .: ndigital inventory recordsdigital room and function programn schedule (sequence) modelsfactory and assembly modelscollection of deviations and defects in the digital modelnas-built modelsFM models.

13 Working with the BIM planning method requires a continuous planning process with an integrated planning team. The planning method follows the principle: "First build digitally and then for real." The aim is therefore to avoid planning during construction.

When planning with the BIM planning method, the digital building model created by the architect must meet the requirements for sufficient planning depth. Sufficient detailing of the geometric modeling and a link between the model and other required data (attribution) are therefore necessary. The BIM-AKNW object planning service is based on the assumption that these geometric and informational requirements for the model are fundamentally determined by the success of the work contract to be achieved. The architect himself is therefore responsible for ensuring that the digital planning is detailed. Contractual definitions of specific, abstract levels of detail (so-called Level of Development - LOD, Level of Geo-metry - LOG, Level of Information LOI) are therefore generally not required. The modeling guidelines necessary for cooperation and coordination of those involved in the planning are specified in the BIM processing plan (BAP). However, since no clear standards have yet emerged for the use of BIM in terms of modeling in the market, the building owner and architect can agree on minimum requirements with regard to the level of detail. These requirements must be met at the end of the relevant service phase. Suggestions for detailed specifications to be applied if necessary are given below. In principle, the level of development is understood as the sum of the required level of geometry and the required level of information (LOD = LOG + LOI).

General Degree of Completion (LOD) General degree of completion of the BIM specialist model of property planning in service phase 2. This level contains the geometric depth usually required and at the same time defines the minimum depth of information that can be found in the BIM specialist model at the end of this service phase.

Geometric depth (LOG) The geometric detailing in this planning phase is determined by the spatial arrangement and the envelope geometry. The rooms are either created as separate, independent room geometries (without taking into account the delimiting components), or are generated automatically using the abstract geometries of the delimiting components. The building envelope is represented either as a volume or by the abstract geometries of the external components. 16The construction elements that are already created in this level of detail (such as walls, roofs, roof, facade, floor slab, column grid, etc.) are shown with an abstract geometry that relates to the entire volume of the elements or subdivisions. Subdivisions (such as wall layers, connections, reveals, cladding, etc.) do not yet have to be modeled. Essential and coordination-relevant furnishings and fittings are recorded by an enclosure box for their space requirements.

Depth of information (LOI) The attribution in this service phase essentially focuses on the room attributes for assessing the implementation of the room and functional program as well as for cost estimation. Component attributes are limited to the basic functional requirements, such as being part of the load-bearing system or part of the outer shell. The details are minimum requirements for the BIM use cases agreed in the project and must be adapted to the specific project.

Room attributes nRoom numbersRoom namesType of use (according to DIN 277) nAssignment of room and function program system-generated attributes Assignment of building structure (storey) nNet area (geometric) nNet volume (geometric)

Construction elementsAttributesComponent type nLocation (outside / inside) nSupport function (load-bearing / non-load-bearing) n Conversion status (demolition, preservation, new) - Attributes generated in the case of the building system, allocation of building structure (floor)

General Degree of Completion (LOD) General degree of completion of the BIM specialist model of property planning in service phases 3 and 4. This level contains the geometric depth usually required and at the same time defines the minimum depth of information that can be found in the BIM specialist model at the end of this service phase . Parts of the BIM technical model can have a higher level of detail. Reference can be made to rule details outside of the business model.

Geometric depth (LOG) The rooms are created with the room geometries resulting from the specific geometries of the room-delimiting building elements. B. all elements of the shell and essential elements of the expansion are represented with a geometry that precisely determines the outer contours. The openings relevant for the load-bearing behavior and the main routing are created. Layer structures and connections do not yet have to be taken into account. Essential and coordination-relevant furnishings and fittings are represented by an abstract geometry.

Depth of information (LOI) The attribution is to be provided in this service phase in such a way that the BIM applications belonging to the basic services can be covered, such as cost determination and the consideration of essential functional and technical specifications (energetic, fire protection or spatial functional approval capability) Room attributes have additional attributes for the planned equipment, for functional and air-conditioning requirements and system-generated dimensions. Component attributes also contain energetic and other physical key figures as well as an allocation to the cost breakdown within the cost calculation.The information is minimum requirements for the BIM use cases agreed in the project and must be adapted to the project.

Rooms (additional) attributes n floor covering ceiling cladding / suspended ceilings wall cladding n requirements for accessibility n climatic requirements (room temperature, etc.) system-generated attributes clear height (geometric) net circumference (geometric)

Construction elements (additional) Attributes Fire protection requirements (fire resistance class) nEnergetic parameters (U-value) nSound protection requirementsnMaterial / type of construction system-generated attributes Component-typical dimensions (wall thickness, etc.) nNet base area (geometric) Net visible area (geometric) nNet volume (geometric)

General degree of completion (LOD) General degree of completion of the BIM specialist model of property planning in service phases 5 and 6/7. This degree includes the geometric depth usually required and at the same time defines the minimum depth of information that can be found in the BIM technical model in this service phase. Parts of the BIM technical model can have a higher level of detail. Reference can be made to rule details outside of the business model.

Geometric depth (LOG) The rooms are created with the room geometries resulting from the specific geometries of the room-delimiting building elements. B. all elements of the shell and construction are shown with the exact geometry. This includes the openings relevant for the slot and breakthrough planning, as well as the connection details (such as wall connections, wall-ceiling connections or reveals). Layer structures are taken into account in the case of multi-layer components. Claddings such as suspended ceilings and floor structures are recorded geometrically. The geometric detailing must correspond to a solution that is ready for implementation; reference can be made to rule details outside of the business model. The more extensive level of detail of a construction and assembly model is not generally included. Essential and coordination-relevant furnishings and fittings are represented by their simplified geometry.

Depth of information (LOI) The attribution is to be provided in this service phase in such a way that the BIM applications belonging to the basic services can be covered, such as the material and construction information required for the execution and the quantity and parts lists required for the tender, as well as the qualitative information required for the creation of specifications. Component attributes also contain all the necessary parameters for the quantity determination and the creation of the specifications, in particular about the material, the required quality and functional and aesthetic requirements. Room attributes have additional attributes for equipment and cladding that were not created individually as components. The details are minimum requirements for the BIM use cases agreed in the project and must be adapted to the specific project.

Rooms (additional) attributes n equipment features (which are not created as objects) n clothing features (which are not created as objects) system-generated attributes Standard-compliant room areas (DIN 277) n Standard-compliant room volumes (DIN 277)

Construction elements (additional) attributes Material structure with layer thicknesses n Material properties (concrete quality, masonry quality, etc.) n Door and window properties (for door and window lists) System-generated attributes If necessary, standard-compliant component quantities for tender documents

The inclusion of the following contractual clauses must be checked. These can be incorporated directly into the contract text of an existing contract model or an orientation aid or summarized in a separate contract annex ("Special Contract Conditions BIM - BIM-BVB")

The services of the architect are determined by the following further contractual bases: Basic services of the building service profile using the BIM method (BIM AKNW) n Client information requirements (AIA) nBIM processing plan (BAP) nNotes for LOD (Level of Development) to be applied if necessary nCAD- / BIM specification n ..................... The provisions of the other contractual bases and the architect's contract generally have the same priority. If there are contradictions to the individual contractual provisions, these must be interpreted as a meaningful whole, which enables a trouble-free BIM planning process. If the architect is provided with planning results by other parties involved in the planning or by the client, both as a digital model and as a 2D plan or made available in any other form, the contents of the digital model always take precedence. Planning details that are not digitally modeled according to the further contractual specifications must also be taken into account. Unless otherwise stipulated in the other contractual bases, the accounting regulations of VOB / C remain authoritative. For corresponding evaluations, such as the creation of service descriptions, the billing quantities from the digital model must therefore be converted if necessary. DIN 276 remains authoritative for cost evaluations and DIN 277 for surfaces

2.1 The architect undertakes to align the services assigned to him with the information objectives contained in the client information requirements (AIA). If the use cases to be derived from the AEOI are not already contractually defined, the architect advises the client on how the AEOI can be implemented in BIM use cases.

2.2 The architect advises the client on the processes required for the BIM planning process, technical definitions for cooperation, responsibilities and interfaces and participates in the development of the BIM processing plan (BAP) required for trouble-free cooperation between all planning parties. If the update is not carried out by those involved in the project, the architect will participate in the update of the BAP in the course of the project and otherwise align his services to the specifications described in the BAP.

2.3 The architect works out the plans incumbent on him in accordance with the requirements of the service profile in the form of a digital three-dimensional building model. If necessary, the digital model is linked (attributed) with further data. The geometric and informational requirements for the model are basically determined by the success of the work contract to be achieved. They can be defined separately in the other contractual bases, in particular by adding the LOD to be used if necessary. In the interest of data economy, unnecessary model attributes, redundant storage of objects or generally unnecessary accumulations of data are to be avoided.

2.4 The architect is obliged to bring together the digital model of the property planning and the digital specialist models for the purpose of integration and coordination at regular intervals to form a coordination model. Responsibility for the quality of the specialist models, which must enable the coordination models to be created smoothly in accordance with the specifications of the BAP, rests with the respective creators of the specialist models. The architect carries out quality and collision checks and, in coordination with those involved in the planning, initiates the necessary adjustments.

2.5 The architect is additionally commissioned to responsibly implement the following BIM use cases on the basis of the digital (technical) models created by him and the other technical participants in the planning:

Collision checks ................................................. ......... n

Model-based LV creation .............................................. .... n

Model-based cost planning ................................................ n

Model-based scheduling ................................................ n

Quality and regular tests .............................................. ..n

Digital recording of defects and illustration in the model .............................. n

Digital cost review and billing .................................... n

Tracking the digital model as as-built planning ........................... n

.................................................. ...........................

If and to the extent that these services represent special services, they will be additionally remunerated in accordance with the provisions in Section 4. If contributions from other parties involved in the planning are required for the implementation of the BIM use cases, the client will carry out the necessary assignments.

2.6 Unless otherwise stipulated in the contract, models are only transmitted digitally via the data platform. Irrespective of this, the client is entitled to 2D plans as a result of each service phase as well as for permits to be obtained and the commissioning of executing companies. The architect's property monitoring services are to be carried out using the digital building model; if necessary, 2D plans are to be extracted from the digital model.

Unless otherwise specified in the other contractual documents, the client provides a BIM-compatible project platform (common data environment). He provides the architect with sufficient licenses for access at no extra charge. The telecommunications costs of the architect are subject to the contractual regulation of the ancillary costs. The architect undertakes to transmit (digital) planning results and digital models created for the project via the project platform, taking into account the agreed exchange formats, approval processes and naming conventions. The architect will also access and coordinate specialist models and other planning documents from those involved in the planning via the project platform. The architect and the other parties involved in the planning have no mutual claims to receive planning results in the form of paper printouts. The architect will check every working day whether any notifications or other content relating to him have been posted on the project platform. Unless otherwise specified in the other contract documents, the architect has continuous access to the project platform. There is no support or maintenance outside of normal business hours. Approvals of planning elements and data must be observed. Approvals are made exclusively via the project platform by the person responsible for the approval of the planning service, in case of doubt by the client. The electronically documented transmission of data replaces the written form according to § 127 BGB. There is no need for any further access requirements beyond the posting of correspondence and declarations of intent on the project platform. Statements that lead to an amendment to existing contracts must, however, be made in writing in accordance with the contractual requirements, in particular agreements on changes to services, supplements or terminations.

The architect receives an additional fee for using the BIM planning method according to the following criteria: nThe architect receives the following additional fee for implementing the BIM planning method during order processing. The additional fee together with the contractually granted base fee does not exceed the relevant maximum rates of the HOAI ...............................

For the special services named below, the contracting parties agree to the following additional remuneration: nDetailing and information depth of the digital model that goes beyond the requirements of the basic services of the HOAI ... ............... nCorrecting the digital model as as-built planning ......................... ..... n Creation of a separate model for facility management .............................. n ...... .................................................. ....

For the aforementioned services, the regulations on additional costs and sales tax apply accordingly.

Subject to the following provisions and priority provisions of the contract, the architect's liability is determined in accordance with the statutory provisions on work contract law of the BGB. The architect is liable for the completeness, conformity with the contract and accuracy of the data and digital models created by him. He is also responsible for ensuring that all data transferred for use are free of third-party rights. The person who made the hardware and software available is responsible for data loss or data changes that arise through the use of hardware and software products. The client is also responsible for errors that can be traced back to the use of hardware or software products that are mandatory. If the building owner has provided a specific interface for data exchange, the architect is not responsible for data loss that occurs regardless of the use of BIM planning software customary in the industry. If the architect and the other parties involved in the planning use virtual objects, partial models or manufacturer data provided by third parties in their planning, they are responsible for the correctness of this data as for their own services, unless the data has been made binding by the client for the Planning given. If the architect believes he is being hindered in the context of the BIM-based planning process by failure to cooperate on the part of the client or another project participant whose activity is assigned to the client's risk area, he will inform the client immediately. Necessary adjustments and corrections of planning results in the context of or as a result of quality and collision controls are part of the contractually agreed service of the architect and accordingly do not in principle constitute a hindrance to his services, unless the architect is not responsible for tending, unreasonable delay periods (disruption of the business basis).

Copyrights and the planning results developed in the context of planning are reserved to the respective authors. The architect grants the client the right to use the data and digital models developed for the construction project that is the subject of the contract. The architect waives the registration of design protection under the DesignG in favor of the client. Unless otherwise specified in the other contractual bases, the architect can transmit his digital model in a format that does not allow any further changes to the content. If, on the other hand, native data or data is transmitted in a form suitable for further processing, the client will only make this data available to those involved in the project who are dependent on its use and otherwise treat the data as strictly confidential. The client will make a corresponding confidentiality agreement with the other project participants. The digital models generated or co-generated by the architect and also parts of them may not be used by the client and the other project participants for purposes other than the production and use of the contracted building project.

Matthias Pfeifer: ArchitectRKW Architektur + StädtebauTersteegenstraße 30, 40474 DüsseldorfT: 0211 - 43 67-0E: matthias.pfeifer@rkwmail.dewww.rkw-as.de

Wolfgang ZimmerArchitektKoschany + Zimmer ArchitektenRüttenscheider Straße 144, 45131 EssenT: 0201 - 89 645-0E: wolfgang.zimmer@kza.dewww.kza.de

Dr. Florian Hartmann Managing Director of the Chamber of Architects NRWZollhof 1, 40221 DüsseldorfT: 0211 - 49 67-715E: hartmann@aknw.dewww.aknw.de

Dr. Jörg L. BoddenAttorney Kapellmann und Partner Rechtsanwälte mbBStadttor 1, 40219 DüsseldorfT: 0211 - 600 500 436E: joerg.bodden@kapellmann.dewww.kapellmann.de

Prof. Dr. Klaus EschenbruchAttorney Kapellmann und Partner Rechtsanwälte mbBStadttor 1, 40219 DüsseldorfT: 0211 - 600 500 402E: klaus.eschenbruch@kapellmann.dewww.kapellmann.de

Dr.-Ing. Thomas LiebichManaging DirectorAEC3 Deutschland GmbHJoseph-Wild-Straße 13, 81829 MunichT: 089 - 18 70 32 23E: tl@aec3.dewww.aec3.de

http: // Editor: Chamber of Architects% 20Nordrhein-WestfalenZollhof% 20140221% 20D% C3% BCsseldorfTelefon% 20 (0211)% 2049% 2067-0Telefax% 20 (0211) %2049%2067-99www.aknw.deinfo@aknw.de/

Editing and text: Matthias Pfeifer, Wolfgang Zimmer, Dr. Florian Hartmann, Dr. Jörg L. Bodden, Prof. Dr. Klaus Eschenbruch, Dr.-Ing. Thomas Liebich

Layout and typesetting: Naumilkat - Agency for Communication and Design, Düsseldorf / Berlin

1st edition, October 2016

The North Rhine-Westphalia Chamber of Architects advocates equality between men and women. She considers it important to express this attitude in the conscious use of language. The Chamber of Architects therefore ensures in all publications that z. B. When naming job titles, the masculine form is not used alone. If possible, the feminine form is mentioned again and again in the course of the text. In the interests of the readers of this publication, the flow of text and good legibility are given top priority.

Chamber of Architects North Rhine-Westphalia Zollhof 1 • 40221 Düsseldorf Tel .: (02 11) 49 67-0 • info@akn.de