E402-2022 BIM Exhibit for Sharing Models Solely Within the Construction Team
How is E402–2022, BIM Exhibit for Sharing Models Solely Within the Construction Team, different from C106™–2022, Digital Data Licensing Agreement?
AIA Document E402–2022 is not an agreement and accordingly does not stand alone. It must be included as an exhibit to an existing agreement for construction.
AIA Document E402–2022 establishes the construction team members’ 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, E402–2022 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 E402–2022 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.
Does E402–2022 grant a license to use digital data?
No, AIA Document E402–2013 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 E402–2022 is attached. Instead, the exhibit may be used to modify the license or other usage rights established in the agreement into which E402 is incorporated, such as AIA Document A201 General Conditions of the Contract for Construction; and other similar AIA agreements for 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 E402-2022 apply to all parties?
No. AIA Document E402–2022 requires all construction team members to incorporate the exhibit by reference into any other agreement for construction for the project; it is not intended to be attached to any agreement for design services on the project. The contractor is required to incorporate the exhibit into its agreements with the subcontractors on the project. Accordingly, all the downstream sub-subcontractors have incorporated E402–2022 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 E402–2022 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 E402–2022, in which case the agreement will take priority over provisions in the exhibit.
What is the purpose of the Level of Development Definitions in E402–2022?
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.