Poelmann van den Broek specializes in Smart Buildings

In a smart building, smart installations and software work for you. For example, a smart building can adjust the temperature to specific conditions (such as the weather or the number of people in the building) or the intensity of use of installations can be monitored, allowing maintenance to be planned very efficiently. In a smart building, construction and ICT come together. Our super specialists Valerie Lipman (IE, ICT & privacy), Noreen Sturris (construction) and Stefan Kloots (construction) combine their knowledge of Construction and ICT to guide the construction and realization of smart buildings. This is an existing collaboration that we are now making official by introducing a new expertise: Smart Buildings.

"The legal aspects of a smart building can be seen in the construction and use phase," said Stefan Kloots. "It starts with the way of cooperation; the transition to a digital building process. This is where a chain of parties (such as client, contractor, architect, installation companies) and contracts emerge. These parties work intensively together and are often involved even after the building is completed. In addition, realizing a smart building requires different agreements between parties than a straightforward construction contract.

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A digital construction process

Noreen Sturris: "Parties work together through, for example, a digital design platform or a Building Information Model (BIM) in which different disciplines can be integrated. The building is already 'built' digitally. This gives many practical advantages. For example, 'clash detection' reduces the chance of design and construction errors. But the use of BIM also brings risks. If multiple parties design digitally together in the same online environment, who owns the design and who is liable in case of design errors?"

A smart building

"For all parties involved in smart buildings, it's important that contracts are aligned," says Valerie Lipman. "A regular building contract is no longer sufficient. After all, ICT technical factors in the building, intellectual property (IP) rights and privacy laws must also be taken into account. Think about access to the data and its security. We also increasingly see that installations are contracted through as-a-service or performance contracts, for example. For example, solar panels or heating systems are increasingly no longer transferred in ownership to the client, but offered as a service, as-a-service. Such constructions bring new opportunities, but also risks. For example, what happens to the installations if the contract is terminated?"

Smart building is smart business

Stefan Kloots: "With knowledge and experience in both construction and IP, ICT and privacy, we ensure that smart building is smart business for parties involved. We like to share our knowledge. For example, in February we will organize a Webinar on this topic and we will regularly share useful content. Do you have a specific question? Please feel free to contact us, we are happy to help."