The digitization of economic life has also affected planning and construction and thus significantly the area of ​​activity of architects. At home and abroad, construction projects are planned and implemented using new digital working methods. In particular, Building Information Modeling (BIM) is used as a working method in which 3D models of a construction project are created in special CAD programs and linked to other information. The model-based work enables the use of new procedures and information evaluations in the planning process (so-called use cases). These can be, for example, automated collision checks, quantities derived from the models, quality checks or simulations. Model-based planning places high demands on architects. The work on the virtual building model has a high visualization power and should facilitate decisions in the planning process. In addition, the BIM working method should lead to largely loss-free data management during the entire life cycle of a project. The implementation of the BIM methodology in Germany can only be successful if the proven planning structures and processes as well as the binding legal framework for the planning industry are taken into account. According to the current state of knowledge, an effective use of BIM neither requires the replacement of service profiles and planning phases introduced in Germany nor an exception to the price regulations of the HOAI. The model-based work does not automatically lead to a shift of basic services to earlier service phases. If the client wishes more services at an earlier point in time, it must be ensured that the services from later service phases are commissioned and remunerated in good time. The use of BIM certainly does not require an alternative to the performance-related performance model for planning based on work contracts. The BIM working method continues to require the established forms of collaboration for planning and execution. Therefore, working with BIM basically leaves proven role models and forms of application untouched. The position of the architects in the planning process does not change either. In particular, the coordination and integration tasks associated with the property planning according to the HOAI service profiles remain, so that architects continue to remain “system leaders” in the planning process. In some cases, other boundary conditions may arise. This applies, for example, to the necessary use of digital collaboration platforms (Common Data Environment - CDE) for the exchange of data. There is also the new task of "BIM management", for which it is not finally clear today whether it will be superfluous in the future due to standardization processes or whether it will be performed by planners, executing companies, clients or specialized consultants. BIM management essentially deals with the planning and control of BIM-specific processes. In order to ensure that a BIM project is properly planned and structured, it is recommended that clients seek comprehensive advice on the scope and potential of a BIM project before commissioning appropriate architectural services. This advice can be provided by BIM-experienced architects or appropriately qualified specialists. This BIM manager, often also called BIM consultant, regularly develops the BIM goals, BIM use cases and any modeling specifications as well as the client information requirements (AIA) with the client. He participates in the creation of the BIM processing plan (BAP) and monitors the proper implementation of these requirements. For architects, the fees are special services. In addition to the publication of the Federal Chamber of Architects "BIM for Architects - 100 questions 100 answers", the NRW Chamber of Architects (AKNW), in cooperation with external experts, made initial suggestions for the use of digital working methods at Archi -tektenservices, consisting of recommendations for a service profile and contractual clauses, elaborated (available at: http://www.aknw.de/lösungen/veroeffnahmungen/publikationen/bim/). These suggestions have met with a positive response from experts. In 2017, the group of editors was expanded to include representatives from the Federal Chamber of Architects and other architects and experts. The proposed range of services for object planning with BIM has been further developed. The additions to the basic services from 2016 were essentially retained unchanged. There were also new suggestions for special services for BIM-specific applications. They are explained in more detail in this publication. In addition, contractual clauses for integration into existing end of sample contract or orientation aids suggested; including possible license agreements between architects and clients regarding the use of digital models beyond construction With regard to the terminology used, reference is made to the glossary in the publication “BIM for Architects - 100 Questions 100 Answers” ​​by the Federal Chamber of Architects. However, individual deviations due to terms used synonymously in practice are not excluded. It should be made clear that these proposals do not justify any changes to the content of the property planning according to the HOAI put into effect by the ordinance in 2013. The HOAI service profiles are formulated in a method-neutral manner, so that work with different planning tools is recorded, including work with BIM. Conversely, this also means that the price regulations of the HOAI are fundamentally not affected by the working method. The form in which architectural services are provided, whether with a pen, 2D tools or the BIM working method, is basically irrelevant. Additional applications may result in special requirements, which then only have to be processed within the framework of agreed special services. The suggestions in this booklet therefore do not intend a new version of the HOAI or any changes to the content of the service profile, but only want to show the individual services of the service profile of property planning for which tasks from the BIM working method can be relevant. An essential feature of the developed service and contract proposals is to leave the architects' responsibility for work contracts unaffected. This also means that there are generally no detailed regulations for the level of detail in planning for individual performance levels through LOD (Level of Development), as is common in the Anglo-American area. Rather, the proposals are formulated in an abstract, functional form and the necessary level of detail in the planning is therefore to be derived from the respective contractual specifications and work contract requirements. Nevertheless, if necessary, minimum requirements for the level of detail can be specified for individual service phases. The users of these working documents must check in each individual case whether they are subject to further contractual requirements than those defined by these minimum requirements. Qualified legal advice may be 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.

Basic services in the building services profile and special services using the BIM method The additional clarifications and additional special services are highlighted in color:

LPH 1 BASIC DETERMINATION

Basic services: a) Clarification of the task on the basis of the client's specifications or requirements planning b) On-site inspection c) Advice on the entire service and investigation requirements, including clarification of the planning method and client information requirements d) Participation in the development of a BIM processing plan e) Formulation of the decision-making aids for the selection of other technical participants in the planning taking into account the selected planning methodef) Summarizing, explaining and documenting the results

Special services »Requirements planning» Determination of requirements »Establishing a functional program» Establishing a spatial program Location analysis »Participation in the selection, procurement and transfer of property and property» Obtaining documents that are relevant to the project »Inventory» Technical substance exploration »Operational planning» Checking the environmental relevance »Checking the environmental impact» Feasibility study »Economic feasibility study» Project structure planning »Compiling the requirements from certification systems» Process support, participation in the allocation of planning and expert services »Providing a digital collaboration platform (Common Data Environment, CDE)» BIM management »Digital recording of existing buildings or Property information »Examination of the BIM qualification of other technically involved in the planning» Clarification of the requirements for data exchange with authorities

LPH 2 PRE-PLANNING (PROJECT AND PLANNING PREPARATION)

Basic services a) Analysis of the fundamentals, coordination of the service provision with those involved in the planning according to the selected planning method and participation in updating the BIM processing plan b) Coordination of the objectives, references to conflicting objectives c) Preparation of the preliminary planning, examination, presentation and evaluation of variants according to the same requirements, drawings or digital models on a scale according to the type and size of the property d) Clarification and explanation of the essential relationships, specifications and conditions (for example 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 technical participants 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 technically at the Planning of those involved f) Preliminary negotiations on the approval capabilityg) Cost estimate according to DIN 276 on the basis of the quantities derived from the digital models, comparison with the financial framework conditionsh) Creation of a schedule with the essential processes of the planning and construction processi) Summarizing, explaining and documenting the results

Special services »Creation of a catalog for the planning and implementation of the program objectives» Examination of alternative solutions according to various requirements including cost assessment »Observance of the requirements of the agreed certification system» Implementation of the certification system »Supplementing the preliminary planning documents due to special requirements» Creation of a financing plan »Participation in the Loan and funding procurement »Carrying out profitability studies» Carrying out the preliminary inquiry (building inquiry) »Preparation of special presentation aids that are not necessary for clarification in the preliminary design process, for example» Presentation models »Perspective presentations» Moving presentation / animation »Color and material collages» digital Terrain model »3-D or 4-D building model processing (Building Information Modeling BIM)» Preparation of an in-depth cost estimate based on the positions of individual trades »Fort Writing the project structure plan »Preparation of room books» Elaboration and creation of special building code proofs for preventive and organizational fire protection for structures of a special type and use, existing buildings or in the event of deviations from the building regulations »Preparation of model-based room books» Increased level of detail of the digital model »Preparation of digital models of other parties involved in the planning for coordination and integration »Creation of a digital model according to special requirements» Increased cycle of model provision »Creation of largely integrated, collision-free models at intermediate times» Examination of alternative solution options according to different requirements using several digital models

LPH 3 DESIGN PLANNING (SYSTEM AND INTEGRATION PLANNING)

Basic services a) Elaboration of the draft planning, taking into account the essential interrelationships, specifications and conditions (e.g. urban planning, 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 Required public law permits using the contributions of other technical participants in the planning Digital model according to the type and size of the property in the required scope and level of detail, taking into account all subject-specific requirements, for example for buildings with a level of detail 1: 100 corresponds. b) Provision of the work results as a basis for the other technical participants 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 technical participants in the planning. c) Description of the property d) Negotiations on 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

Special services »Analysis of the alternatives / variants and their evaluation with cost analysis (optimization)» Profitability calculation »Preparation and updating of an in-depth cost calculation» Updating of room books »Visualization of a schedule in the digital model» Setting up a model-based cost calculation »Special forms of presentation and processing of the digital ones Models of those involved in the planning for communication and coordination

LPH 4 PERMISSION PLANNING

Basic services a) Development and compilation of 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 templates derived from the digital models c) Supplement and adapting the planning documents, descriptions and calculations

Special services »Participation in obtaining neighborly approval» Evidence, in particular of a technical, constructive and building-physical nature for obtaining official approvals in individual cases »Technical and organizational support for the client in objection proceedings, legal proceedings or similar proceedings

LPH 5 EXECUTION PLANNING

Basic services a) Development of the implementation planning as a digital model with additional graphic and textual work results as well as with all the individual information necessary for the implementation on the basis of the draft and approval planning up to the implementation-ready solution as the basis for the further work phases b) Implementation, Detailed and construction planning 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 for buildings with a level of detail that usually corresponds to 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 the coordination and integration of their services using their own digital model and the digital models of the others Participating in the planning) Updating the schedule) Updating the implementation planning due to the trade-oriented processing during the construction of the property f) Checking the necessary assembly models or plans of the building structures and structural fixtures planned by the property planner for compliance with the implementation planning

Special services »Creation of a detailed property description as the basis for the service description with the service program» Checking the execution plans drawn up by the construction company based on the service description with the service program for compliance with the design plan »Updating room books in a detailed form» Participation in the system identification system (AKS) Third party plans, not technically involved in the planning, for compliance with the execution plans (for example workshop drawings of companies, installation and foundation plans for use-specific or operational systems), insofar as the services relate to systems that are not included in the chargeable costs »digital sampling

LPH 6 PREPARATION FOR AWARD

Basic services a) Establishing an award schedule b) Establishing service descriptions m it 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) Coordination and coordination of the interfaces to the service descriptions the person involved in the planning) determining the costs on the basis of the service specifications priced by the planner) cost control by comparing the service specifications priced by the planner with the cost calculation f) compiling the tender documents for all service areas

Special services »Creation of the service descriptions with the service program on the basis of the detailed object description» Creation of alternative service descriptions for closed service areas »Creation of comparative cost overviews, evaluating the contributions of other participants in the planning

LPH 7 PARTICIPATION IN THE AWARD

Basic services a) Coordinating the awarding of the specialist planners er) Obtaining offers c) Checking and evaluating the offers including drawing up a price table according to individual items or partial services, checking and evaluating the offers of additional and modified services by the executing company and the appropriateness of the prices d) Conducting bidder discussions) Creating 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 specifications of the services priced by the planner or the cost calculation h) Participation in placing the order

Special services »Checking and evaluating ancillary offers with effects on the coordinated planning» Participation in the planning of the outflow of funds »Technical preparation and participation in review procedures» Participation in the examination of supplementary offers based on the construction industry »Checking and evaluating the offers from the description of services with the service program including price comparison» Preparation, Checking and evaluating price tables according to special requirements

LPH 8 OBJECT MONITORING (BUILDING MONITORING) AND DOCUMENTATION

Basic services a) Monitoring the execution 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 b) Monitoring the execution of Structures with very low planning requirements for compliance with the proof of stability c) Coordinating those technically involved in property monitoring) Establishing, updating and monitoring a schedule (bar chart) e) Documentation of the construction process (e.g. construction diary) f) Joint measurement or digital performance assessment with the executing companyg) Invoice verification including checking the dimensions or accounting models of the construction company h) Comparison of the results of the invoice verification with the order sums including supplementsi) Cost control through checks n the service billing of the construction companies compared to the contract prices j) cost determination, for example according to DIN 276, if necessary on the basis of the quantities derived from the digital model k) organization of the acceptance of the construction work with the participation of other professionals involved in the planning and property monitoring, determination 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 computational results of the object n) Handover of the object so) Listing of the limitation periods for claims for defects p) Monitoring the removal of the during acceptance identified defects

Special services »Setting up, monitoring and updating a payment plan» Setting up, monitoring and updating differentiated time, cost or capacity plans »Activity as the responsible site manager, insofar as this activity goes beyond the basic services of LPH 8 according to the respective state law» Recording of construction progress in the digital model »Model-based defect management» Creating a construction logistics model »Creating an as-built model» Creating a facility management model

LPH 9 OBJECT MANAGEMENT

Basic services a) Technical 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) Property inspection to determine defects before the limitation periods for claims for defects against the executing company c) Contribute to the Release of security deposits

Special services »Monitoring of the rectification of defects within the limitation period» Creation of building inventory documentation »Creation of equipment and inventory lists» Creation of maintenance and care instructions »Creation of a maintenance concept» Object monitoring »Object management» Building inspections after handover »Preparation of planning and cost data for an object file or Standard cost values »Evaluation of profitability calculations

1

The BIM object planning service of the Federal Chamber of Architects is intended to enable clients and architects to better exploit the advantages of digital planning using the BIM planning method. The aim is to achieve increased deadline and cost security as well as increased planning quality, including through the use of automated test programs.

2

The requirements for the BIM working method for a specific planning task should, if possible, be discussed comprehensively with the client with regard to the scope and potential of a BIM project before commissioning the corresponding architectural services. This advice can be provided by BIM-experienced architects or appropriately qualified specialists, such as BIM consultants / BIM managers. The specific clarification of the planning method is then to be carried out in the basic determination with the client. This includes the definition of the planning method and the explanation of the client information requirements (AIA). The AIA are the basis of the commissioning and are made available to the commissioned architect by the client. On this basis, the BIM use cases, in particular the use of certain test programs (e.g. programs for automated collision checks), are to be defined. The BIM processing plan (BAP) serves as the central organizational tool for the BIM planning process. This is to be drawn up and coordinated with the cooperation of the architect and the rest of the parties involved in the planning. The service profile accordingly does not contain any predefined specifications for a specific workflow or specific test programs.

3

The fees for the BIM-specific basic services shown in the service profile are generally shown in the HOAI, as this is method-neutral. During a transitional 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 architect is assigned tasks that are not covered by the price-based delimitation of the basic services of the service profile, but go beyond this, these are special services for which additional remuneration can be requested and which are explained in more detail below.

4th

The use of the BIM method does not necessarily lead to performance shifts in the planning process. Basic services are not necessarily brought forward to earlier service phases. If the builder wishes to have a higher planning depth at an earlier point in time, it must be ensured that the earlier work is commissioned and paid for in later work phases. Regardless of this, it is recommended to commission work phases 1 to 7 together and not to provide for step-by-step commissioning 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 determine the remuneration for the individual service phases by mutual agreement, taking into account any project-specific required postponements through the BIM working method.

5

The architectural services according to the service profile are subject to the law on work contracts. For contracts concluded from January 1, 2018, the new provisions of the BGB for architects and engineering contracts, §§ 650p ff. BGB, must be observed. The structure and agreed partial successes of individual service phases remain unaffected by the BIM method.

6th

In service phase 2, the architect can work with a building model right from the start. However, he is not obliged to do so according to the scope of services presented. However, the proposal for a service profile provides that the architect, after coordinating the examined variants and determining the solution to be pursued, creates a work result that concludes the service phase in the form of a digital model. At the end of service phase 2, the architect should also create a coordination model, but only to the extent that appropriate specialist planning services have been made available in a suitable form. However, this suggestion is not mandatory. It can be just as useful to only provide a first model at the beginning of service phase 3.

7th

As part of the coordination function, the architect takes on the BIM coordination in the planning process with the other technical participants in the planning. The architect only assumes responsibility for the appropriate coordination of specialist planning services if the client has commissioned specialist planning services accordingly. Otherwise, the responsibility for the individual planning remains services provided by the respective planner.

8th

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

9

The scope of services 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 service profile does not provide for a link between the digital components and appointments in the basic services. The architect remains free to decide how to plan the appointments, in particular whether to link digital components with appointments or to use separate appointment planning software. If the client wants model-based scheduling, it must be checked whether this is a special service that needs to be paid for separately.

11

As part of the updating of the implementation planning, the digital building model will be further developed. The basic services of the architect 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).

12th

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. The service profile does not contain any conclusive suggestions for BIM-specific special services, as explained below.

13th

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 build in real life.” The aim is therefore to avoid planning during construction.

Additional special services BIM can result from different points of view. What they have in common is that when using the service profile object planning according to the HOAI, they do not belong to the subject matter of the contract without a special agreement and are not automatically included in the HOAI remuneration. The additional special services proposed in the service profile for the use of BIM are explained below . In addition, non-binding indications for an evaluation of these services within the scope of the remuneration are provided. However, the fees can be freely agreed. The remuneration is also explained separately in Appendix D. The special services are assigned to individual service phases. However, they can also be necessary and agreed in other work phases. It therefore remains with Section 3 (3) HOAI, which reads: “The list of special services in this ordinance and in the service profiles of its annexes is not exhaustive. The special services can also be agreed for service profiles and service phases to which they are not assigned, but in this respect they do not represent basic services. The fees for special services can be freely agreed. "

LPH 1 BASIC DETERMINATION

Provision of a digital collaboration platform (Common Data Environment, CDE) Explanation: This database infrastructure must always be kept available by the client. The only basic service that can be required of the architect is that he has BIM-compatible planning software. A special service is given if he is also to set up or maintain an internet-based system for storing and exchanging the planning data generated. Assessment: According to expenditure

BIM management Explanation: As a special service, the architect can also take on BIM management services. BIM management services relate to the higher-level control of the BIM process by advising the client on his BIM goals, documenting the BIM goals, developing the contract-specific relevant BIM applications, proposing and coordinating the client -Information requirements (AIA) and proposal of the BIM processing plan (BAP) as well as the higher-level management and control of the work of those involved in the planning with the BIM working method. It can also be useful to train those involved in the project or to develop concepts for the use of software and technical infrastructure. The same applies to the conception of test runs for the validation of processes and the creation of test rules for planning services. The aforementioned services can also be commissioned in part or individually. Assessment: According to expenditure

Digital recording of existing buildings or property information Explanation: The digital recording of existing data can be carried out using a laser scanning process or photometric technologies. It is often a surveyor's service and, in the event that the services are taken over by an architect, must be considered a special service. Assessment: Consulting services according to Section 1.4 Annex 1 to the HOAI

Examination of the BIM qualification of other technically involved parties in the planning Explanation: As a basic service of the basic determination, the formulation of decision-making aids for the selection of other technically involved parties in the planning is provided. The architect has to observe the requirements of the BIM planning method. Additional tests, for example the evaluation of references or the joint creation of test models, represent special services. Assessment: According to effort

Clarification of the requirements for data exchange with authorities Explanation: If authorities are ready to receive and process digital models, the authorities' requirements for data formats and model quality must be observed from the start. The necessary specifications are fundamentally up to the client. If the clarification of the requirements is left to the architect, then there is a special service. Evaluation: According to effort

LPH 2 PRE-PLANNING (PROJECT AND PLANNING PREPARATION)

3-D or 4-D building model processing (Building Information Modeling BIM) Explanation: This special service was already included in the HOAI with the 2013 amendment. However, its specific content has remained unclear and needs to be interpreted (cf. Eschenbruch / Lechner, in: Eschenbruch / Leupertz, BIM und Recht, 2016, chap. 7 marginal number 27). According to the prevailing understanding today, the regulation refers to the fact that when using 3-D or 4-D building model processing (Building Information Modeling BIM), requirements that go beyond the basic services may also have to be met. This over the basic services according to de Model-based planning that goes beyond the HOAI's service catalogs is a special service. However, it cannot be inferred from the regulation that even 3-D modeling, if it only contains basic services, leads the corresponding planning services to a free price agreement. The special services listed in this chapter are therefore concretizations of the special service BIM introduced with the HOAI 2013 in service phase 2, but incompletely formulated.

Creation of model-based room books Explanation: As a special service in service phase 2, the architect can be commissioned to draw up a room book. When using the BIM planning method, the room book can be created based on a model, with the geometric model being supplemented with additional information for the individual room types. The creation, maintenance and maintenance of such a room book is, like the room book development as such, to be seen and assessed as a special service. Evaluation: According to effort.

Increased level of detail of the digital model Explanation: When using the BIM planning method, one of the basic services according to the HOAI is modeling the components according to the respective scale of the service phase. If a higher resolution is required within the model, which does not represent an early basic service of a later service phase, this is a special service. The graphic and textual information owed in digital models as part of the basic service is also based in its level of detail on the type and size of the object and, if necessary, on the LOD to be applied as a minimum requirement. Any further, additionally requested representations and information are to be assessed as special services if they are not necessary for the own success of the work. In case of doubt, a precise definition of the level of detail is required. Evaluation: According to effort; in the case of merely bringing forward services from later service phases, § 8 HOAI must be observed.

Preparation of digital models of other parties involved in the planning for coordination and integration: Explanation: All technical models to be integrated and coordinated with the basic service according to the HOAI for the BIM work method must be available in a suitable, previously determined form and quality. If the architect has to rework models of other persons involved in the planning with regard to the necessary model qualities for the implementation of the procedures provided for in AIA and BAP, this is a special service. This does not involve any obligation to correct the content or subject matter of the specialist planning service. The respective planning participant remains solely responsible for this. Evaluation: According to effort.

Creation of a digital model according to special requirements Explanation: A special service can exist if modeling results are to be used and processed for independent, more extensive purposes (i.e. not for the success of the architect's work), e.g. for simulations, separate calculations or facility management -Tasks evaluation: According to effort

Increased cycle of model provision Explanation: In the course of planning, the digital model must be regularly made available in the current version in the agreed exchange format. Reasonable time intervals should be specified for this provision (usually 2 to 3 weeks). The application of the BIM method requires more intensive coordination between those involved in the planning. However, if the client demands a frequency of information exchange that goes beyond the typical requirements of a BIM planning process, a special service is available. Evaluation: According to effort

Creation of largely integrated, collision-free models at intermediate times: Explanation: The quality and collision check in the coordination model as well as the elimination of the identified collisions by those involved in the planning is part of the basic services. At the end of the work phases prior to work phase 5, a completely collision-free model cannot be requested, but only a low-collision model based on the respective work success of the work phase. Eliminating all collisions at an early stage causes the same process to be repeated several times. The associated effort is to be assessed as a special service. Evaluation: According to effort.

Investigation of alternative solutions according to different requirements using several digital models: Explanation: The scope of alternative investigations with the BIM working method does not differ fundamentally from the previous 2D planning. However, if different digital models are made available for different tasks, a special service may be given. Evaluation: According to effort.

LPH 3 DESIGN PLANNING (SYSTEM AND INTEGRATION PLANNING)

Visualization of a schedule in the digital model: Explanation: The creation and updating of a schedule is owed as a basic service. Components of the digital model can be linked with date information from the schedule. This allows intermediate statuses, sequences or dependencies to be visualized. The successive consolidation of the virtual building model enables the presentation of schedules of different development stages, starting with the framework schedule and a rough schedule up to detailed and control schedules. Basically, the linking of virtual components with date information is a special service. Evaluation: According to effort.

Establishing a model-based cost calculation Explanation: The calculation of costs on the basis of the quantities derived from the digital models at the times specified in the HOAI is a basic service. A special service is given if the digital model or its elements are linked or attributed with cost parameters in a form that enables the total costs or specific cost groups to be evaluated at any time. Changes in the model then immediately lead to an adjustment of the cost calculation, which can also be accessed for interim appointments.

Special forms of presentation and preparation of the digital models of those involved in the planning for communication and coordination Explanation: In principle, the preparation, management and follow-up of coordination meetings is a basic service. In the context of special presentations, for example in the Big BIM Room, a “CAVE” or with a “Powerwall”, additional services that are not necessary with conventional planning methods may be required. This is a special service if digital models have to be prepared or standardized for the demonstration by those involved in the planning and this entails a not inconsiderable additional processing effort. Evaluation: According to effort.

LPH 5 EXECUTION PLANNING

Digital sampling Explanation: The BIM method enables digital preliminary sampling of components or objects to be used as examples. It is mostly used for better decision-making in the overall context. If a photo-realistic and / or product-specific representation is required in addition to the 3D model generated from the model, this is a special service.

LPH 8 OBJECT MONITORING (BUILDING MONITORING) AND DOCUMENTATION

Recording of construction progress in the digital model Explanation: Construction process and construction progress can be displayed in the digital model. This enables the preparation of further construction work or the model-based billing of the services already provided. The ongoing and component-related tracking of the model goes beyond the documentation of the construction process, which is owed as a basic service, and is a special service.

Model-based defect management Explanation: Defects detected in the construction can be recorded in the digital model by attributing components with additional information. This can take place in various forms, for example through texts, photos or links to databases. In terms of content, it is possible, for example, to document acceptance reports, notifications of defects, rectification deadlines, responsibilities and approvals in the model. The model-related defect management is usually a special service, as in addition to recording the defect in the digital model, an additional link with information must be made that is not necessary with conventional processing.

Creation of a construction logistics model Explanation: In a construction logistics model, in addition to the digital planning model, in particular material flows, transport routes, storage and construction site facilities can be planned and visualized. The detailed organization of these areas is fundamentally part of the task area of ​​the executing company. The creation of a construction logistics model is therefore a special service for architects. Assessment: According to effort.

Creation of an as-built model Explanation: The requirements for an as-built model are not clearly defined and therefore require precise design in each case. As a rule, they are special services and are not included in the basic services of the architect . The as-built model must first be differentiated from the as-planned model, which the architect has to create in service phase 5. The as-built model is particularly about the following variants: »Incorporation of the built-in components and construction products into the digital model Change management or returns from the construction site). The adjustments are usually made on the basis of reports from the property surveillance to the architect and the content is analogous to the implementation planning. »Extension of the component geometry by the results of sampling in the form of material and quality adjustments as well as design changes Model by the architect. Existing models can be further processed using specific software solutions. It is important to determine the scope and precision of the model tracking after ongoing acquisitions / changes. It should also be noted that in certain areas, such as TGA, as-built modeling can usually only be implemented by the executing company. The architect has to check exactly which services he is taking on. In addition, reference is made to the explanations in Appendix C "As-built models". Assessment: According to expenditure.

Creation of a facility management model Explanation: The preparation of the digital model for facility management requires considerable additional services on the part of the architect. As a rule, an as-planned or as-built model has to be adjusted to include a large amount of information that is no longer relevant for the operating phase. The digital components must then be linked to the operationally relevant information, such as maintenance or user information. This task goes beyond the basic services of property planning and is a special service. Assessment: According to effort.

When planning with the BIM planning method, the digital building model created by the architect must meet the requirements for a 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 BAK project planning service assumes 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 the necessary detailing of the digital planning. Contractual definitions of certain abstract levels of detail (so-called Level of Development - LOD, Level of Geometry - 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 with regard to modeling in the market for the use of BIM, client and architect can rely on minimum requirements the level of detail. These requirements are to be achieved at the end of the respective service phase. This definition of the minimum requirements is particularly recommended with regard to the requirements for the level of detail. the linking of information in order to prevent later misunderstandings when handing over digital models to the client at the end of a service phase. The following are suggestions for details to be applied if necessary. 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). These minimum requirements for the LOD, if they are specified by the client, must already be included in the AIA. If LOD is specified independently of the AEOI or beyond it, these must be recorded in the BAP.

General Degree of Completion (LOD) General degree of completion of the BIM specialist model of the property planning in service phase 2. This level contains the generally required geometric depth 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. The components that are already created in this level of detail (such as walls, roof, facade, floor slab, column grid, etc.) are given an abstract geometry that refers to the total volume of the elements or subdivisions shown. 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 in an enclosure box for their space requirements.

Depth of information (LOI) The attribution in this service phase mainly focuses on the room attributes for assessing the implementation of the room and function 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.

General Degree of Completion (LOD) General degree of completion of the BIM specialist model of the 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.

See original table

Geometric depth (LOG) The rooms are created with the room geometries resulting from the specific geometries of the room-bounding building elements. The geometrical detailing of those building elements that are created in this service phase, such as all elements of the shell and essential elements of the expansion, are given a the outer contours precisely determining the geometry shown. The openings relevant for the load-bearing behavior and the essential routing are created. Layer structures and connections must be taken into account so that they can be assigned to the relevant cost groups. Essential and coordination-relevant furnishings and equipment 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 use cases belonging to the basic services can be covered, such as cost determination and the consideration of essential functional and technical specifications (energetic, fire protection technical or spatial functional approval capability) . Room attributes have further 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.

See original table

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. The geometrical detailing of those building elements that are created in this level of detail, such as all elements of the shell and finishing, are made with the exact Geometry shown. This includes the openings relevant for the slot and breakthrough planning, as well as the connections (such as wall connections, wall-ceiling connections or reveals). Layer structures are taken into account for multi-layer components. Claddings such as suspended ceilings and floor structures are recorded geometrically and modeled separately from the raw ceiling in a room-specific manner, but not as individual layers. 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 equipment 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 bills of quantities. Component attributes also contain all the necessary parameters for the determination of quantities and the creation of bills of quantities, in particular on 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.

See original table

The following suggestions represent possible contractual clauses in architect contracts. They should take into account the special features of working with the BIM method and ensure a balanced distribution of opportunities and risks. The text modules 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 proposed clauses are for use in connection with the property planning service BIM BAK designed. If they are used in any other way, their suitability for the respective scope of services must be checked individually.

1 TEXT PROPOSAL ON THE BASIS OF THE CONTRACT / RANK OF VALIDITY

The services of the architect are determined by the following additional contractual bases:

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The provisions of the other contractual bases and the architects' contract generally have the same priority. If there are contradictions between individual contractual provisions, these must be interpreted as a sensible whole, which enables a trouble-free BIM planning process Provided in any other form, the content of the digital model always takes precedence. Planning details that are not digitally modeled according to the other contractual requirements must also be observed. Unless the other contractual bases determine otherwise, 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 ADDITIONAL SUGGESTIONS TO THE PERFORMANCE OBLIGATIONS

2.1 The architect undertakes to align the services assigned to him with the information goals 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. 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.

2.2 The architect advises the client on the processes required for the BIM planning process, technical definitions for cooperation, responsibilities and interfaces and helps to develop the BIM processing plan (BAP) required for trouble-free cooperation between all those involved in the planning. If the update is not carried out by other project participants, the architect will also 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. The digital model is supplemented (attributed) with further data in accordance with the requirements of the AEOI and, if necessary, specifications agreed with the client in the BAP. 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 interests of data economy, unnecessary detailing and model attributes, redundant storage of objects or generally unnecessary accumulations of data are to be avoided.

2.4 Those involved in the planning create separate digital models (technical models). 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 (overall BIM coordination). 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 AEOI and the BAP, rests with the respective creators of the specialist models. These have to be coordinated with the architect (BIM coordination). The architect carries out collision checks and regular checks and, in coordination with those involved in the planning, initiates the necessary adjustments.

2.5 The architect is additionally commissioned to implement the following special services responsibly:

See table original

The special services are additionally remunerated in accordance with the regulations in section 4.

2.6 Unless otherwise contractually agreed, models are only transmitted digitally via the data platform (collaboration platform / common data environment). 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, which are usually to be derived from the digital model. The architect's property monitoring services are to be carried out using the digital model; if necessary, 2D plans are to be extracted from the digital model.

3 ADDITIONAL REGULATIONS ON THE PROJECT PLATFORM AND DATA EXCHANGE

Unless otherwise specified in the other contract documents, the client provides a BIM-compatible project platform (Common Data Environment). He provides the architect with a sufficient number of licenses for access at no extra charge. 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 rights to receive planning results in the form of paper printouts. The architect will check every working day whether any notifications or other content has 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 on the project platform and a notification to the respective project participants about the receipt of the information. Statements that lead to an amendment of 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 client will give the architect the opportunity at any time to back up and save all information concerning him, provided this is appropriate or necessary for the processing or the exercise of the architect's rights.

4 ADDITIONAL REMUNERATION REGULATIONS

The architect receives an additional fee for using the BIM planning method according to the following criteria:

See original table

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

5 RESPONSIBILITY AND LIABILITY REGULATIONS

Unless otherwise stipulated in this contract and its annexes, the architect's liability is determined in accordance with the statutory provisions on the law on contracts for work and services of the BGB.The architect is liable for the completeness, conformity with the contract and freedom from errors 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 he has specified. If the client has provided a specific interface for the exchange of data, the architect is not responsible for data losses that occur regardless of the use of BIM planning software customary in the industry and careful modeling caused by this interface. If the architect and the other technically 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 become binding on the client given for planning. Does the architect believe in the BIM-based planning process through a lack of participation If the client or another project participant whose activity is assigned to the client's risk area is hindered, he will inform the client of this immediately. The contracting parties are aware that working with the BIM working method requires trouble-free collaboration between all those involved in the project. When selecting those involved in the planning, the client will therefore ensure that sufficiently experienced project participants are commissioned and commit them to a partnership-based, as trouble-free cooperation as possible, taking into account uniform specifications for the planning process. Necessary adjustments and corrections of planning results in the context of or as a result of collision checks and regular checks are not obstacles, unless there are unreasonable delay periods for the architect in individual cases for which he is not responsible.

6 ADDITIONS TO COPYRIGHT / CONFIDENTIALITY

Even when working with the BIM planning method, the architect remains the owner of all copyrights to works planned by him. This also applies to a created digital model (as implementation of the design). 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 use may also refer to later changes to the building project, provided that the services of the architect are not distorted. This applies in particular to changes due to modernization investments. The client may also use the model for operation and further process it for this purpose. The architect waives the registration of design protection under the DesignG in favor of the client. Before the client engages a third party with the further processing of the digital model created by the architect, he has to request corresponding services from the architect. 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, the native data or the 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 instructed to use them for the processing of the specific project, and otherwise treat the data as strictly confidential. The client must oblige those involved in the project, to whom the architect's native data has permissibly been passed on, to use them exclusively for the construction project that is the subject of the contract. If, on the other hand, the client transmits native data to a third party without the latter being obliged to maintain confidentiality, he has to pay the architect a license fee in an appropriate amount, even if the data is not subject to copyright protection. Co-generated digital models and 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 construction project that is the subject of the contract.

Virtual building models can only be used for other purposes, for example by a new planning participant in a later service phase, or by certain test programs, if they have been properly modeled from the start. Neutral data interfaces (such as IFC) also place special demands on the architects' modeling technology in order to enable the most loss-free data transfer possible. It is therefore not only easy to model, but certain modeling principles must be observed from the outset. Otherwise there will be a considerable amount of post-processing effort later. One of the most important rules when modeling is: Model as it will be built later! For this reason, walls and supports, for example, must not go from the basement floor to under the roof, but have to be created floor by floor. A distinction must be made between load-bearing and non-load-bearing components. Component intersections must make sense (e.g. drywall may not be connected to concrete on an equal footing) Possible mass displacements must be taken into account. In practice, there are various software programs for BIM for creating a model. Depending on the planning program used, additional requirements may arise. With all programs used, the following stipulations must generally be observed:

Determination of the axis grid The definition of the main and building axes should still be made from the start, analogous to classic CAD planning.

Common project base point With the axis grid, the project base point (x-y-z) and the surveying point must also be defined and "frozen". This step is imperative for everyone involved. In particular, the use of automated routines and tests does not work otherwise.

Specification of a uniform storey structure and additional reference heights. »Main levels for building the storeys (" paper plan ") are to be defined, usually top floor as well as secondary levels for at least top floor, suspended ceiling and sub floor.» Further additional Reference heights should be agreed in advance. Practice shows that the component connection to an auxiliary level can make more sense than individual links with adjacent components. »Definition of the storey properties for the data exchange, especially via IFC (e.g. only main level as IFC level). Otherwise there is a risk that other programs will not achieve a meaningful result due to further processing.

Uniform designations Designations for storage within the model should be clearly structured so that all sorting and filtering options can be exploited. This is the only way for everyone involved to find their way around in the coordination model, especially if the native format is used and program structures are also transferred.

Which component types (components and objects) are used? »Particularly when it comes to data exchange and cross-office collaboration, it makes sense to think about the type of component types to be used. A consistent system enables targeted filtering and prevents an unnecessary number of identical components, e.g. floor, wall and ceiling types. This is particularly necessary when data has to be transferred to other programs in a regular exchange. »Filter categories are to be adopted in all sensible areas (e.g. labels, dimensions, etc.)

If 2D and labeling elements are also specified with a corresponding name, a targeted “thinning out of the plans” is quickly possible. This is particularly helpful with CAD mixed solutions, as this makes it very easy to create usable layer structures for the DWG exchange are. Paper plans can be thinned out more individually and are clearly legible.

Wall edges, handling of baseline (raw / finished) For the safe exchange of components (e.g. "architectural wall" with plaster and superstructures against "structural wall" with concrete quality, reinforcement, etc.), a clear regulation for handling baselines should be made in advance. Wall axes and finished edges of walls must be agreed in advance. Only in this way can a large part be exchanged easily and without great additional effort.

Room delimitations Rooms result in the course of modeling inevitably from room-delimiting components. When the spatial body is set down, the delimitation in the x and y directions is automatically recognized if the modeling is correct. In the z-direction, however, the lower edge is placed on the main plane and the upper edge is created with a predefined height. The height of the room does not necessarily correspond to the correct / desired room size. This has to be reworked, as a correct result can only be achieved with the correct height during further processing.

Using conventional planning methods, the property planning department is responsible for establishing a consistent planning status at the end of the service phases as part of the coordination obligation. Last but not least, due to the scale, blurring remains which must be gradually eliminated in the following work phases. Particular demands are made on the results of service phase 5 as the basis for tendering, workshop planning and finally implementation. The same applies to the use of the BIM method. The merging of specialist models for collision checking as part of the application of BIM aims to detect and eliminate collisions. Due to the high accuracy of the models, however, the scale-related blurring is eliminated. Architects do not owe a collision-free coordinated coordination model at the end of each service phase and certainly not as a further intermediate status. Instead, it can be assumed that the required degree of "low collision" at the end of the respective service phases will gradually increase with the progress of the project, analogous to the level of detail and the increase in information content as follows:

End of service phase 2 At the end of service phase 2, a collision check is not mandatory. The specific contractual agreements and the requirements for the digital models created must be observed. Often there are no requirements for a collision-free or low-collision coordination model. The coherent integration of the contributions of other participants is unaffected.

End of service phase 3 All components relevant for the building permit must be collision-free to the extent sufficient for the permit and all statically relevant penetrations of the building structure must be sufficiently collision-free or recorded in terms of the system and integration planning. However, complete freedom from collisions is not required.

End of service phase 5 A fully coordinated status of the technical models must be achieved, i.e. there must be no more collisions that require planning or structural changes in the execution, unless otherwise agreed or advertised. Examples: »A masonry wall is slightly twisted a concrete column and overlaps with it by a few centimeters. This can be an acceptable collision. ”A sewer pipe collides all around with a wall breakthrough. This is not an acceptable collision. Requirements going beyond the above represent special services, especially if completely collision-free models are required at the end of service phase 3 or before the end of service phase 5.

Even before the BIM planning method was used, there was often a requirement to bring the architect's plans to an “as-built” state in the course of the completion of the building, that is, to represent the actually implemented state. In the course of the introduction of BIM, this requirement increases because BIM also pursues the idea of ​​the “single source of truth”, which means that all information is bundled in one model, realistically more in a sum of specialist models, and is up-to-date. As comprehensible as this wish is, it is also necessary to deal with this requirement in much more detail. First of all, it should be noted that the development of an as-built planning was or will not be a basic service of architects either before or with the introduction of BIM becomes. It is always a special achievement. Therefore, it is also in the interest of the client to be very clear about what the actual goal of the as-built documentation is and what effort seems appropriate to this goal. A simple "a lot helps a lot" is not enough here, because a lot also costs a lot. If the client intends to use the as-built model in facility management, it is often ignored that in over half of the medium-sized companies and around one Third of the large German companies that property management has not yet been controlled centrally and systematically. Even in companies in which central real estate management has already been established, only part of the existing space is often the responsibility of the company. The remaining properties are administered and managed in a decentralized manner. However, a lack of facility management structures is not made up for by the sudden use of digital methods. In a first step, it should therefore be examined what potential already exists through the optimization of the facility management structures. The second step is to determine which management tasks can be supported by digital methods, and then to ask in what form the client needs the as-built documentation. The current development shows a tendency towards open BIM, i.e. the use of open formats for data exchange. It must be clarified whether the data format used, such as IFC, is suitable for transporting all the information required. Furthermore, the various specialist models are merged into a coordination model in the planning process. The “single source of truth” would therefore be this coordination model, which can be used for various evaluations and applications, but not as a further basis for planning. Editing, for example for later modifications, can only be carried out in the native specialist models. So the client not only needs the coordination model, but also the specialist models that make it up. This increases the complexity. The long-term usability of the models is definitely doubtful. Software development is particularly rapid in the context of BIM, so that program updates and version jumps take place in quick succession. This makes it appear doubtful whether it will still be possible in the future to edit a digital model that is ten years old, for example, with the latest software. Despite this, current practice already shows that the models that have been handed over are often no longer used by subsequent planners. but to be rebuilt. This takes place, for example, in projects with general contractors who create their own execution planning models, even if a design model is made available. The reasons lie in the different structure and the different attribution of models as well as in the use of individual component databases. Sufficiently standardized standards do not yet exist. This also makes further use of as-built models more difficult. The accuracy and depth of information of the specialist models in execution planning quality are also so great that they can be oversized for the purposes of managing a building. This can obstruct the view of important information and make the models difficult to use. The use of special software and specially prepared digital models that are specifically intended for facility management and make the relevant information easy to use and evaluate makes sense. metric accuracy. A model of the execution planning corresponds roughly to a 1:50 plan. Individual areas can be modeled more precisely or, in addition to the model, there can also be detailed drawings in more precise scales. Want on the other hand, if the geometric accuracy of the entire model is increased, this is associated with considerable effort. Therefore, the question to be answered is whether there are application goals that require greater accuracy and the necessary effort. The comparison between planning and reality can also take place at very different levels. Is it enough that all doors are, by appearance, where they were planned? Or do you have to know exactly where the door was actually built? Is it even necessary to measure the implemented building with a point cloud recording, for example, and to adapt the planning model to this measured condition with considerable effort? A claim to perfection should not be an end in itself here. On the other hand, in a property with high rental prices, for example, a slight deviation in the rental space can mean a lot of money over a longer period of time. However, the same deviation can be of no consequence in the case of own use. It is thus clear that the client must first precisely define the accuracy with which both the geometric and the non-geometric information are to be entered into an as-built model. The effort and remuneration are based on this. There is no uniform as-built standard; the as-built information can primarily be recorded during construction and incorporated into the model. The creation of as-built documentation is therefore a special service in service phase 8 and not in service phase 5.

The HOAI prescribes minimum and maximum rates with regard to the remuneration of basic services. These are determined according to the proven calculation methods of the HOAI. The fees for special services, however, can be freely agreed (Section 3 (3) sentence 3 HOAI). This allows architects to offer reasonable prices for special services. While the fee rates of the HOAI for basic services are easy to determine and regularly enable economical work, architects have to individually check for special services which fee is adequate for them. The system of the HOAI means that depending on the project requirements and Predefined flat rates apply to the chargeable costs for the remuneration of basic services. However, there can be no general flat-rate fees for BIM-related special services that are defined for all project types and BIM applications. The specific scope of many special services cannot yet be foreseen. The example of the as-built models shows that the same term can mean very different tasks. There are currently no commissioning standards, so that in most BIM projects, individual work contract requirements and service catalogs are still being defined. The explanations given here on the proposed special services therefore recommend remuneration based on expenditure. Architects can now calculate the expected work and material expenditure in advance on a project-specific basis and according to the specific contractual requirements and offer individual flat-rate fees on this basis. Priority should be given to empirical values. Such lump sums formed in individual cases are particularly suitable for tried and tested or manageable services, for example for the provision of a project platform. If the necessary empirical values ​​for BIM-related services do not yet exist or the required effort cannot be foreseen, it is advisable to opt for flexible remuneration to fall back on agreed hourly or daily rates. Remuneration based on time spent ensures adequate and economical payment for architects. At the same time, the client only pays for work actually performed. On the part of the architects' offices, billing according to the time required is associated with increased bureaucratic effort. Information on the agreement, billing and business calculation of hourly rates can be found in practical note no. 45 "Time fees" from the NRW Chamber of Architects, available at www.aknw.de However, the architect always has to ask himself whether he can even provide a desired special service. In many cases, clients make requirements that are either hardly feasible or can only be mastered with a considerable amount of work and large amounts of data, such as model requirements "down to the last screw" or comprehensive as-built requirements. A precise clarification of the reasonable cost / benefit ratio of a modeling with the client is therefore necessary in order to make special services calculable at all Professional profile of the architect come into question, such as B. the provision of digital collaboration platforms or BIM management. In some cases, these services are so far removed from the architect's original service profile that they are no longer covered by the architects' professional liability insurance. Appendix F addresses this issue.

Architects all too often rely on the fact that their work results are protected by statutory copyright law against unintended further use by the client or third parties. However, this protection only takes effect when the created work has reached a certain level of design and is thus an expression of a personal spiritual creation. This is not the case for a large number of planning services. Working with digital models and their regular exchange with the other project participants makes it fundamentally easier to copy work results or parts of them and use them elsewhere. At the same time, planning offices will increasingly build up their own know-how in the form of prefabricated partial models or component databases, which must be protected as working capital. The realization of this protection is only possible on a contractual level. There are no special legal property rights for digital models, at least according to applicable law or the prevailing opinion in legal literature. It is being discussed whether the legal requirements for protecting databases could be taken into account when using BIM. According to the opinion represented here and probably also prevailing, the law (§ 87a UrhG) understands a database only as the self-creative compilation of mutually independent elements. BIM models, on the other hand, are uniform works that arise from the arrangement of dependent information. The database protection according to § 87a UrhG also only protects the investor as the bearer of the economic risk, which is usually the client, but not the architect. Against this background, the only option currently remains to expressly regulate in a contract that created digital models as databases are treated and the architect is considered the investor. This would achieve the statutory level of protection in relation to the client. It must be noted, however, that such agreements could raise concerns about general terms and conditions and in any case only have an effect between the respective contracting parties (client and architect). Such contractual agreements do not protect against further use by third parties. There is no legal third-party protection comparable to copyright, but this shows how important it is not only to agree on confidentiality in relation to the client, but also to include all other project participants who have access to the data created . The client should therefore be obliged to make appropriate contractual arrangements for know-how protection with all other parties involved. In addition, it must be made clear that all data may only be used for the specific construction project. In order to enforce these rights, the architect can be granted a contractual right to appropriate license fees for violations. Provisions on contractual penalties are also conceivable. Finally, in order to control confidentiality, the architect can also be granted information rights that apply beyond the completion of the project. In addition, technical possibilities to ensure data protection are to be used. This can be done by making digital models generated available to the other participants only in limited exchange formats, but not in the form of the native data. This makes copying and further use difficult. Furthermore, reservations of rights or blocking notices can be stored in the model itself, which are visible to every user. Finally, you can work with so-called shell models, in which data records and components are replaced by placeholders during data exchange. The authority to use such methods must be regulated in a contract. In line with the increasing importance of digital working methods, it is absolutely desirable that the legal property rights are adapted in future to the necessary protection and diversity of digital work results. As early as 2016, the German Building Court Conference therefore demanded that legal regulations for the protection of model data also be enacted below copyright protection, which prohibit the improper use of intellectual property by other project participants or third parties. The Federal Chamber of Architects and the Chamber of Architects of the federal states emphatically agree with this demand.

Architects are usually contractually obliged to have adequate professional liability insurance. There are also corresponding legal requirements for freelance architects and professional associations. In addition, adequate insurance protection is of course also in your own interest. When using the BIM method, it must be clarified whether the new or additional services are also included in the insurance cover. The leading providers of insurance for architects in the German market have not yet made any clear statements about the scope of existing insurance solutions when using BIM . What is certain, however, is that insurance cover includes all services that are part of the architectural profession. In this respect, the principle of method neutrality also applies here. It does not depend on the technical means that architects use to provide their services, but rather on the success owed. If architects implement the basic services according to the HOAI's service profiles, this is part of their job description and is therefore covered by the protection of classic insurance, even if the BIM planning method is used. The creation of digital models is just as insured as the use of 2D CAD software or drawing boards. Since the adjusted basic services proposed in the BIM BAK service profile do not change the owed work success vis-à-vis the HOAI, the provision of the basic services mentioned there is also included in the insurance cover, as well as the function of the BIM coordinator, i.e. the merging of specialist models into a coordination model for the purpose of coordination and integration, corresponds functionally to the basic services according to HOAI and is therefore insured. The commissioning of special services is to be considered in a more differentiated manner. In each individual case, it must be checked whether the content is still a classic architectural service. In particular, this will be answered in the affirmative if basic services are merely expanded or intensified, for example when requesting more precise details of the model or in the case of model-based cost planning. On the other hand, there is probably no longer any insurance cover if the services of other parties involved, such as surveying services, are taken over or the provision of hardware and software is involved. A close look is also required when taking over the BIM management. A clear demarcation of the service content and scope has not yet emerged. Insofar as planning services are provided, protection through conventional professional liability insurance for architects is possible. As a rule, however, it is a question of controlling activities that are to be handled under insurance law like project management services. The relevant professional profile of the architect is subject to change over time, especially due to the development of the new BIM planning method. BIM projects with moderate requirements, in which the service profiles and interfaces of the HOAI are updated, do not trigger any special features with regard to insurance cover. An individual examination is required for new special services. In case of doubt, the professional liability insurer should be consulted.