Guide to Using the RIBA Professional Services Contracts 2018 - Other - Page 74
Contract terms
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are working to a common standard to allow interchangeability, compatibility and
interoperability between team member operations using a common language to
maximise efficiency and minimise errors in detail and coordination and to elicit
collaborative working practices.
The use of electronic data
Clause 11 of the RIBA Professional Services Contracts 2018 set out the copyright
and limitations to which the electronic data can be used. These are similar to
the same general copyright principles and licencing in section 6 of the Clauses
(see section 4.8 above) but specifically relate to the use of any electronic data such
as CAD and BIM models. This is of particular importance with electronic data in that
it is relatively easy for a Client to copy and use parts of the CAD file or BIM model on
other projects by simply cutting and pasting.
Clauses 11.1 to 11.3 map the same as clauses 6.3 to 6.6, but refer to electronic
data specifically, whereas clauses 11.4 and 11.5 limit the liability of the Architect/
Consultant for anything that may happen to the data once it has been successfully
delivered.
Under clause 11.4 the Architect/Consultant does not guarantee the integrity of the
data once it has been successfully delivered to the Client. Data integrity relates to
the maintenance, accuracy and consistency of the data over its entire life-cycle, the
use of which is entirely outside of the control of the Architect/Consultant. The overall
intent of any data integrity technique is the same. That is to ensure that any data is
recorded exactly as was intended and, when retrieving it at a later date, the data is
the same as it was when it was originally recorded. In simple terms, data integrity
aims to prevent unintentional changes to the information. However, data integrity
must not be confused with data security, which is to protect the data from use by
unauthorised parties.
Another issue which may arise is that the data could become corrupted or modified
to the extent that the information is no longer usable for its intended purpose. All
data relies on the interoperability of computer systems or software to exchange and
make use of the information. However, historic data can be rendered useless as a
result of subsequent hardware and software updates which, again, would be outside
of the control of the Architect/Consultant. Clause 11.5 excludes liability for these
eventualities.
What are the contractual options for the issue of electronic data?
In section L, the Architect/Consultant has the option to agree and set out the format
that documents will be issued in, with PDF copies to be ticked as the default if no
other option is selected. Notwithstanding this, the Architect/Consultant should agree
and set down the agreed format(s) for the avoidance of doubt.
If the option to simply produce information in PDF format is not to be the selected
option, the Architect/Consultant should consider the extent of the data to be
released. In this case the type of software, version number, file format and the type
of data should be listed in the table as well as ticking the box, e.g. AutoCAD 2017/
v21.0/.dwg/2D only or Office 365/Excel 2016/v1711/.xlsx/spreadsheet.
For larger projects where BIM is to be comprehensively used there is a further option
where a BIM protocol is set up to identify the standards for Building Information
Models that are required to be produced by members of the Project Team. The BIM
protocol should be referenced in section L and any subsequent changes to the
protocol or any appendices should be treated as variations to the Contract.
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