Legal Issues Surrounding the Use of Digital Intellectual Property on Design and Construction Projects

The development of building information models (BIM) on construction projects has increased over the past decade, and use of BIM on highways, bridges, and complex interchanges is on the rise. However, BIM usage has created new legal challenges that were not previously present in the paper-based design and construction process. The unique legal aspects of sharing digital information and apportioning the associated risks needs to be addressed to aid agencies as they expand the use of BIM. The digest includes: 1) a discussion of legal questions concerning who owns the model; 2) identification of who should be allowed to update the model; 3) a discussion concerning when and to whom the model should be distributed; 4) identification of interoperability issues for software developers and identification of related legal issues; 5) identification of liability various participants have for changes to or errors in the model; 6) discussions of copyright protection, nondisclosure agreements, trade secrets, and public information disclosure laws; and 7) discussion of protection of digital intellectual property through the use of disclaimers, read-only files, and digital signatures. The objective of this digest is to develop an understanding of the previously mentioned legal issues surrounding the use of BIM on transportation design and construction projects. The information in this digest should be useful to transportation engineers, attorneys, contract administrators, construction designers, construction contractors, construction managers, contract administrators, agency data personnel, and financial officers.