E202-2022 BIM Exhibit for Sharing Models with Project Participants, Where Model Versions May Not be Enumerated as a Contract Document
How is E202–2022, BIM Exhibit for Sharing Models with Project Participants, Where Model Versions May be Enumerated as a Contract Document, different from C106™–2022, Digital Data Licensing Agreement?
AIA Document E202–2022 is not an agreement and accordingly does not stand alone. It must be included as an exhibit to an existing agreement for design services or construction. E202-2022 is intended to be used in situations where the project participants agree that no model version may be enumerated as a contract document.
AIA Document E202–2022 establishes the parties’ expectations regarding the development and use of digital data (including building information modeling). Having set the baseline regarding digital data and building information modeling (BIM) expectations, E202–2022 then requires the project participants to develop and adhere to a BIM Execution Plan, such as the G203-2022 BIM Execution Plan.
What is the difference between E201-2022, E202-2022, E401-2022, and E402-2022?
E201-2022 and E202-2022 are intended to be used where all project participants will be sharing models. The difference between these two documents is that E201-2022 permits Model Versions to be enumerated as a Contract Document, and E202-2022 does not.
E401-2022 and E402-2022 are intended to be used when models will not be shared amongst all project participants; i.e. in situations where modeling will be more “siloed.” The difference between these two documents is that E401-2022 allows sharing between the entire Design Team, and E402-2022 allows sharing between the entire Construction Team.
How do I incorporate E202–2022 into an agreement?
If the agreement is not yet executed, you may incorporate it by reference into the agreement by inserting it into the list of documents that comprise the agreement. If the agreement has already been executed, you can add the exhibit by modifying the agreement in writing, such as by using AIA Document G701™, Change Order, G802™, Amendment to the Professional Services Agreement, or G803™, Amendment to the Consultant Services Agreement.
Does E202–2022 grant a license to use digital data?
No, AIA Document E202–2013 does not create a license to use digital data and assumes that licensing and/or ownership of the underlying information has been addressed in the agreement to which E202–2022 is attached. Instead, the exhibit may be used to modify the license or other usage rights established in the agreement into which E202 is incorporated, such as AIA Document B101™, Standard Form of Agreement Between Owner and Architect; A201®, General Conditions of the Contract for Construction; C401™, Standard Form of Agreement Between Architect and Consultant; and other similar AIA agreements for design services or construction. Parties not covered under such agreements should consider executing AIA Document C106-2022, Digital Data Licensing Agreement.
Do the protocols established as a result of E202-2022 apply to all parties, such as downstream subcontractors and sub-subcontractors?
Yes. AIA Document E202–2022 requires the parties to incorporate the exhibit by reference into any other agreement for services or construction for the project. Therefore, the contractor is obligated to incorporate the exhibit into the subcontracts, and the subcontractor is obligated to incorporate it into the sub-subcontracts.
Similarly, the Architect is required to incorporate the exhibit into its agreements with the consultants on the project. Accordingly, all the downstream subcontractors and consultants have incorporated E202–2022 into their agreement and, by its terms, agreed to follow the digital data and building information modeling protocols established and set forth in the BIM Execution Plan, such as AIA Document G203–2022.
What if a provision in E202–2022 conflicts with a provision in the agreement into which it is incorporated?
In the event of a conflict, normal contract interpretation rules will apply, with the exception of conflicts with Article 6 of AIA Document E202–2022, in which case the agreement will take priority over provisions in the exhibit.
What is the purpose of the Level of Development Definitions in E202–2022?
Each Level of Development is defined in Article 4 and communicates both the minimum amount of data required to reach the defined LOD and the maximum extent to which the Model Element at such a LOD can be relied on for the defined authorized uses. The LOD definitions are used in the Model Element Tables to establish how each Model Element will be developed as the project progresses.