Considerations when working with BIM in the cloud

More and more clients, contractors and other companies involved in construction are working with the Building Information Model, or BIM. BIM allows all parties involved to digitally exchange information and collaborate on the construction project. With BIM in the cloud, construction information is accessible to those involved at all times. This type of cloud service is also known as software-as-a-service (SaaS). There are many benefits to working with BIM in the cloud, but it is not without risk. In this blog, I discuss some relevant concerns (there are more!) when working with BIM in the cloud(SaaSservices).

(Un)reasonable licensing terms

You basically purchase (only) an access right to BIM in the cloud, where you then develop and store your construction project. Because you are only acquiring a right of access, and not ownership, you are in a highly dependent position with respect to the cloud service provider.

Without the services of the cloud service provider, you can, in principle, no longer access your construction data in the cloud.

Before you can use BIM in the cloud, you must accept license and usage terms. The license and usage terms specify the rights and obligations of the customer and the cloud service provider. These terms are usually non-negotiable or very limited.

It is important that you study these conditions, and include the following aspects (potential risks): 

Accessibility and availability of your construction project in BIM

BIM availability is critical to the execution and progress of your construction project. Availability must be guaranteed. For example, if your construction project in the cloud is suddenly inaccessible for several days, or possibly even weeks, can you continue the development and/or execution of your construction project? These questions, among others, are relevant when assessing the uptime provided .

Uptime

Uptime represents the number of hours BIM in the cloud should be accessible to you in a given period of time. A guarantee of 100% uptime will actually never be possible. For example, access to the cloud may have to be limited during a certain period due to software maintenance. Also, access to the cloud may be (temporarily) impossible due to an outage. So check how much uptime is guaranteed to you and what consequence (such as a contractual penalty or a discount) is attached to not achieving the promised uptime.

Backups

It is further important to determine whether your cloud service provider periodically backs up your construction project data in the cloud, or whether you are allowed and able to make your own backups and are thus expected to do so. A failure could result in the loss of all your construction project data that is not stored outside the cloud. A backup is of great (financial) importance. Keep an eye on who is responsible for backups and act accordingly.

Exonerations in agreement

If your construction project stalls or delays, you suffer damages. The question then becomes whether you can recover damages from the cloud service provider if the inaccessibility is not resolved in a timely manner. The cloud service provider's liability for data loss or violation of minimum uptime is often limited or even completely excluded in the licensing and terms of use. It is therefore important to consider in your decision-making what (financial) risks you are exposed to due to breach of uptime or loss of data in view of the agreed exoneration and its impact on the construction project if any of the risks materialize. 

Continuity

What happens if the cloud service provider goes out of business? Can you, as a customer, still access your construction project in the cloud then? To ensure your access to BIM, it is important to ensure continuity of service. This can be done in several ways. One possibility is that the cloud service provider has made arrangements with a third independent party - often in the form of a foundation - to guarantee its continuity. From the moment the cloud service provider would go bankrupt, the foundation takes over the service (temporarily), so that BIM in the cloud remains available to you. As a customer, you can join this agreement through a third-party clause. If the cloud service provider unexpectedly goes bankrupt, you can turn to the foundation under this clause for the, at least temporary, continuation of the service.

Make sure your cloud service provider has a continuity of service arrangement. Ensuring continuity of service and thus your access to your construction project is very important.

Tips for practice

If you are working with BIM in the cloud(SaaS services), this can make you very dependent on the cloud service provider. Four concrete tips for reviewing a licensing agreement:

• Examine how much uptime is provided and the penalty for not achieving the agreed-upon uptime;
• Map out which party is responsible for making backups;
• Research what damaging circumstances the cloud service provider has included an exoneration provision for and consider the implications in your decision-making;
• Make sure your cloud service provider has a continuity plan.