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Legal: The Ninth Chapter of DBEI Insight

28/09/2020 | Category:

Even with the industries increasing digital maturity level and awareness regarding BIM procurement and delivery, there remains the potential for arising legal issues, including, intellectual property rights, the responsibility of delivery and other litigation risks.

Understanding the correct procurement process for your project, outlining the information requirements, who is responsible for delivery of what, when and how is critical for reducing these potential risks. Defining and using the correct terminology, processes and standards will set you on your way to avoiding unmet expectations and ultimately, costly legal disputes.

Some of the legal aspects to consider when adopting BIM are:

  • Intellectual property rights and ownership
  • Roles and responsibilities – who is delivering what and when
  • Contractual framework for incorporating BIM
  • Liabilities

Sound interesting? Check out the sessions below. If the LIVE time doesn’t suit you, register to the session and watch the recording at any point over the 7 days following for complimentary access.

BIM Legal Obstacles and the new BIM international standards: How to Avoid Getting Sued

Tuesday, 6th October 2020 
1:00pm Central European Summer Time

Speaker: May Winfield, BuroHappold Engineering

Register now

Digital and the Quantity Surveyor – A Surveyor’s insight

Thursday, 8th October 2020 
1:00pm Singapore Time

Speaker: Eugene Seah, Surbana Jurong

Register now

The Risks and Rewards of Digital Practice – Current and Future Issues

Thursday, 15th October 2020 
1:00pm US Central District Time

Speakers: Phil Bernstein, Yale School of Architecture, Leslie King, Carlton Fields

Register now
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Registration Conditions

BILT FEDERAL 2023 (“Conference”), 6th– 8th December 2023,

will be held at the MGM National Harbor, Maryland.

The Organizer (“Organizers”) of the Conference is the

Digital Built Environment Institute USA, INC (DBEI).

3943 Irvine Blvd. - Suite 13
Irvine, CA 92602 USA

Phone: +1 213 814 2888

All inquiries relating to these matters should be directed to DBEI’s Marketing Team at info@dbei.org.

Be Well Agreement

Any public space where other people are present holds a possible risk of exposure to COVID-19 and other communicable diseases. By attending this event, I agree to voluntarily assume all risk related to exposure and agree to not hold DBEI or any of their affiliates including partners and sponsors, directors, officers, employees, agents, contractors, volunteers, or sponsored venues liable for illness. I will take necessary precautions while at the event which may include, but not be limited to, engaging in appropriate social distancing, wearing a mask in public areas when not consuming food or beverage, minimize face touching, frequently washing hands and avoiding risky environments such as overcrowded bars or restaurants. I agree to not attend any DBEI event if I feel ill or had recent exposure to a COVID-19 case.

DBEI, together with the venue and their suppliers, commits to taking all reasonable actions to provide a COVID safe environment for its attendees, sponsors, speakers, staff, and visitors by complying with local regulations.

Payments

Once registration is received, a confirmation email will be issued. Any accounts must be paid in full 30 days from the invoice date or 10 business days before the Conference start date, whichever comes first. The Organizers reserve the right, without notification, to cancel outstanding accounts any time after 45 days from the date of the confirmation e-mail being sent. If payment is not received prior to the conference, access will be granted only after full payment is made via credit card. Non-payment does not constitute cancellation.

All payments should be made to Digital Built Environment Institute USA, INC (DBEI).

Cancellations
DBEI understands that circumstances can change. At any point prior to the Conference, you are welcome to contact us in writing to nominate a substitute attendee at no extra charge (ideally at least 72 hours prior to the Conference).

Cancellations of registration, social functions, accommodation, and other items received:

  • 3 months prior to the Conference will incur a fee of 50% of the item(s) cancelled. All cancellations received within 2 months of the Conference will be liable for 100% of the total fee. No refunds will be offered after 1st October 2023.

All cancellations must be made in writing to Digital Built Environment Institute USA, INC via info@dbei.org. Any cancelled registrants with an outstanding balance due will be liable for the full registration fee, subject to the timeframes nominated above; this liability will be the responsibility of the attendee.

Please note: A ‘no show’ to the Conference will still be considered as a cancellation and therefore the above terms apply.

In the unlikely event that DBEI is required to cancel or postpone the Conference for any reason (other than Force Majeure as noted below), DBEI will issue you a non-transferable credit note for the amount of the Fee, which may be redeemed against any appropriate future DBEI event for a period of 13 months from the date of issue.The Organizers hold no additional liability for travel costs, hotel costs, or any other cost, damage or expense whatsoever.

Insurance
It is strongly recommended that registrants take out insurance at the time of registration to include any eventuality including but not limited to loss of fees through cancellation of registrant's participation in the Conference or through cancellation of the Conference, loss of airfares through cancellation for any reason, loss or damages to personal property, force majeure or any other reason.

Privacy
Personal Information acquired by DBEI for Digital Built Week Americas, BILT Americas, or any other events or activities, is governed by Digital Built Environment Institute’s Privacy Policy.

Registrants must opt-in to have their details shown on the event app and attendee list for BILT Federal 2023. If you do not wish for your details to be included in the event app, please select the opt-out option.

Registrants must indicate if they agree to receive marketing updates, event information and newsletters by email, post, phone, and other communications from Digital Built Environment Institute. Diamond, Platinum, and Gold sponsors also have access to this list. If you do not wish to be contacted, please select the opt-out option.

By registering for the Conference, registrants agree to receive emails in relation to this event.

By completing the survey post Conference(s), registrants’ comments and feedback will be used for marketing and other related purposes by DBEI.

Conference Code of Conduct
Our event will present opportunities to learn, share knowledge, and network. We believe the event should represent a safe, enjoyable, and inclusive environment for all people, irrespective of gender, race, ethnicity, age, sexuality, religion, disability, socio-economic background, experience, size, shape and so on. No one should be subject to any harassment, bullying or abuse. Any such behaviour will not be tolerated, and we will take such action as we deem necessary to ensure it does not reoccur. This may include immediate removal from the event and a prohibition from attending future events held by DBEI. This Code of Conduct explains exactly what we mean by unacceptable behaviour, and it outlines the steps someone subjected to such behaviour at an event can take to report it.

DBEI is a listening organization focused on its participants and fosters interaction, engagement, collaboration, connectivity, and community, in a fun and safe learning environment.

We value the participation of each member of the community and endeavour to deliver an enjoyable and fulfilling experience. Conference participants are expected to conduct themselves with integrity, courtesy and respect for others and maintain the highest level of professionalism at all conference programs and events, whether officially sponsored by DBEI or not. All attendees, speakers, organisers, volunteers, partners, vendors, and staff at any DBEI event are required to observe the following Code of Conduct.

DBEI is dedicated to providing a harassment-free conference experience for everyone. All communication should be appropriate for a professional audience including people of diverse backgrounds and cultures. Sexual language and imagery are not appropriate for the conference.

Be kind to others. Do not insult or defame participants. Harassment in any form, sexist, racist, or exclusionary jokes are not condoned at DBEI events.

Participants violating these rules may be asked to leave the conference at the sole discretion of DBEI. Thank you for helping to make this a welcoming event for all.

The Organizers reserve the right to reject or terminate a registration without giving reasons at any time, with full refund of registration fees received – if terminated prior to the conference. Registrants asked to leave during the running of the conference, with reason, will not be entitled to a refund.

Student Registration
To qualify for the student registration category, registrants must be studying full time at their indicated university/institution. Full time study is a minimum of 20 hours of active class participation. Students must provide the Organizers with a copy of their photo student identification card, proof of full-time status as a student from their university/institution and contact details for their administration office. Registration under the student rate is not guaranteed until full-time student status is verified by the Organizers.

Change to Conference Program
It may be necessary, for reasons beyond the control of the Organizers, to alter the times, dates, itineraries, or speakers of the Conference by notice to you at any time and in doing so DBEI will carry no additional liability for these circumstances beyond that noted below.

Liability
Registrants register for and attend the Conference at their own risk. Registrants agree not to hold the Organizers liable for any losses, damages, expenses, costs, claims or liabilities suffered or incurred by registrants including consequential or indirect losses or loss of profit through registering for the Conference, attending the Conference, cancellation of the Conference, failure of the Conference to achieve your expectations, or for any error or omission by the Organizers.

Registrants agree not to hold the Organizers liable or responsible for any personal injury (i.e. physical, psychological or emotional stress) or any loss or damage to personal property.

By registering to the Conference, registrants agree to receive emails in relation to this event.

By completing the survey post Conference(s), registrants’ comments and feedback will be used for marketing related purposes by Digital Built Environment Institute.

Photos taken during the Conference (which includes the Exhibition and social events) will be used for marketing related purposes by Digital Built Environment Institute.

Force Majeure

DBEI shall not be liable for any loss caused by the cancellation of the Conference where such cancellation is due to Force Majeure. The organisers will use all reasonable efforts to conduct the conference despite the intervention or occurrence of any such circumstance.

In this clause, Force Majeure means circumstances which are beyond the reasonable control of DBEI and which are reasonably likely to affect DBEI’s successful delivery of the Event or would make it inadvisable, impracticable, illegal, or impossible for a party to perform its obligations as originally contracted under this Agreement, including: fire, flood, earthquake, extreme adverse weather conditions, failure of electric power, gas, water, or other utility service, collapse of building structures, widespread disease or other public health emergency (including pandemic or epidemic), strike or other industrial action, the outbreak or declaration of war, act of terrorism, revolution or government orders or action (including the declaration of a State of Emergency).

If, as a result of Force Majeure, DBEI cancels the Event/s, DBEI shall use reasonable commercial endeavours to reschedule the Event. If DBEI is unable to reschedule the Event, it will issue you a non-transferable credit note for the amount of the Fee, which may be redeemed against any appropriate future DBEI event for a period of 13 months from the date of issue.

Without prejudice to its obligations under this agreement, DBEI accepts no liability, and will not be liable, for any compensation where the performance of its obligations under this Agreement is affected by Force Majeure.

Disclaimer and Waiver
The Conference Organisers reserve the right to change activities, topics, and presenters where necessary.

The Organisers reserve the right to change these Terms and Conditions at any time without prior notice. These Terms and Conditions will be governed by and constructed in accordance with the laws of the and the parties submit to the jurisdiction of the courts of that state and country.

As a condition of my participation in this Conference I hereby waive any claim I may have against DBEI and its officers, directors, employees, or agents, or against the presenters or speakers, for reliance on any information presented, and release DBEI from and against any and all liability for damage or injury that may arise from my participation or attendance at the Conference. I further understand and agree that all property rights in the material presented, including common law copyright, are expressly reserved to the presenter or speaker or to DBEI, as per any separate agreements between said parties.

I acknowledge that participation in DBEI events and activities brings some risk and I do hereby assume responsibility for my own well-being. If another individual participates in my place per the DBEI transfer policy, the new registrant agrees to this disclaimer and waiver by default of transfer.

DBEI intends to take photographs and video of this event for use in DBEI news and promotional material, in print, electronic and other media, including the DBEI website. By participating in this Conference, I grant DBEI the right to use any image, photograph, voice or likeness, without limitation, in its promotional materials and publicity efforts without compensation. All media becomes the property of DBEI and media may be displayed, distributed or used by DBEI in its sole discretion.

By registering for this event, I agree to the collection, use, and disclosure of contact and demographic information. This information includes any information that identifies me personally (e.g. name, address, email address, phone number, etc.). DBEI will use this information to: (a) enable your event registration; (b) review, evaluate and administer scholarships or other DBEI initiatives; (c) market DBEI opportunities you may potentially be interested in; and to (d) share limited information (e.g. title, company, address and demographic information) with third parties that perform services on behalf of DBEI. DBEI may also distribute the attendee list of those who have opted in to the list, to eligible sponsors and partners, however not without the prior consent of the individual. DBEI may use this information for so long as DBEI remains active in conducting any of the above purposes.

Registration Conditions

DIGITAL BUILT WEEK AMERICAS 2023 (“Conference”) 15 – 17 June 2023 will be held at the Kay Bailey Hutchison Convention Center, Dallas, Texas.The Organizer (“Organizers”) of the Conference is the Digital Built Environment Institute USA, INC (DBEI).

3943 Irvine Blvd. - Suite 13 Irvine, CA 92602 USA

Phone: +1 213 814 2888

All inquiries relating to these matters should be directed to DBEI’s Marketing Team at info@dbei.org.

Be Well Agreement

Any public space where other people are present holds a possible risk of exposure to COVID-19 and other communicable diseases. By attending this event, I agree to voluntarily assume all risk related to exposure and agree to not hold DBEI or any of their affiliates including partners and sponsors, directors, officers, employees, agents, contractors, volunteers, or sponsored venues liable for illness. I will take necessary precautions while at the event including, but not limited to, engaging in appropriate social distancing, wearing a mask in public areas when not consuming food or beverage, minimize face touching, frequently washing hands and avoiding risky environments such as overcrowded bars or restaurants. I agree to not attend any DBEI event if I feel ill or had recent exposure to a COVID-19 case.

DBEI together with the venue and their suppliers, commit to taking all reasonable actions to provide a COVID safe environment for its attendees, sponsors, speakers, staff, and visitors by complying with local regulations.

Payments

Once registration is received, a confirmation email will be issued. Any accounts must be paid in full 30 days from the invoice date or 10 business days before the Conference start date, whichever comes first. The Organizers reserve the right, without notification, to cancel outstanding accounts any time after 45 days from the date of the confirmation e-mail being sent. If payment is not received prior to the conference, access will be granted only after full payment is made via credit card. Non-payment does not constitute cancellation.

All payments should be made to Digital Built Environment Institute USA, INC (DBEI).

Cancellations
DBEI understands that circumstances can change. At any point prior to the Conference, you are welcome to contact us in writing to nominate a substitute attendee at no extra charge (ideally at least 72 hours prior to the Conference).

Cancellations of registration, social functions, accommodation, and other items received:

  • 6 weeks prior to the Conference will incur a fee of 50% of the item(s) cancelled. All cancellations received within 6 weeks of the Conference will be liable for 100% of the total fee. No refunds will be offered after 02 May 2023.

All cancellations must be made in writing to  Digital Built Environment Institute USA, INC via info@dbei.org. Any cancelled registrants with an outstanding balance due will be liable for the full registration fee; this liability will be the responsibility of the attendee.

Please note: A ‘no show’ to the Conference will still be considered as a cancellation and therefore the above terms apply.

In the unlikely event that DBEI is required to cancel or postpone the Conference for any reason (other than Force Majeure as noted below), DBEI will issue you a non-transferable credit note for the amount of the Fee, which may be redeemed against any appropriate future DBEI event for a period of 12 months from the date of issue.The Organizers hold no additional liability for travel costs, hotel costs, or any other cost, damage or expense whatsoever.

Insurance
It is strongly recommended that registrants take out insurance at the time of registration to include any eventuality including but not limited to loss of fees through cancellation of registrant's participation in the Conference or through cancellation of the Conference, loss of airfares through cancellation for any reason, loss or damages to personal property, force majeure or any other reason.

Privacy
Personal Information acquired by DBEI for BILT AMERICAS is governed by Digital Built Environment Institute’s Privacy Policy.

Registrants must opt-in to have their details shown on the event app and attendee list for DBWa 2023. If you do not wish for your details to be included in the event app, please select the opt-out option.

Registrants must indicate if they agree to receive marketing updates, event information and newsletters by email, post, phone, and other communications from Digital Built Environment Institute. Diamond, Platinum, and Gold sponsors also have access to this list. If you do not wish to be contacted, please select the opt-out option.

By registering for the Conference, registrants agree to receive emails in relation to this event.

By completing the survey post Conference(s), registrants’ comments and feedback will be used for marketing and other related purposes by DBEI.

Conference Code of Conduct
Our event will present opportunities to learn, share knowledge and network. We believe the event should represent a safe, enjoyable, and inclusive environment for all people, irrespective of gender, race, ethnicity, age, sexuality, religion, disability, socio-economic background, experience, size, shape and so on. No one should be subject to any harassment, bullying or abuse. Any such behaviour will not be tolerated, and we will take such action as we deem necessary to ensure it does not reoccur. This may include immediate removal from the event and a prohibition from attending future events held by DBEI. This Code of Conduct explains exactly what we mean by unacceptable behaviour, and it outlines the steps someone subjected to such behaviour at an event can take to report it.

DBEI is a listening organization focused on its participants and fosters interaction, engagement, collaboration, connectivity, and community, in a fun and safe learning environment.

We value the participation of each member of the community and endeavour to deliver an enjoyable and fulfilling experience. Conference participants are expected to conduct themselves with integrity, courtesy and respect for others and maintain the highest level of professionalism at all conference programs and events, whether officially sponsored by DBEI or not. All attendees, speakers, organisers, volunteers, partners, vendors, and staff at any DBEI event are required to observe the following Code of Conduct.

DBEI is dedicated to providing a harassment-free conference experience for everyone. All communication should be appropriate for a professional audience including people of diverse backgrounds and cultures. Sexual language and imagery are not appropriate for the conference.

Be kind to others. Do not insult or defame participants. Harassment in any form, sexist, racist, or exclusionary jokes are not condoned at DBEI events.

Participants violating these rules may be asked to leave the conference at the sole discretion of DBEI. Thank you for helping to make this a welcoming event for all.

The Organizers reserve the right to reject or terminate a registration without giving reasons at any time, with full refund of registration fees received – if terminated prior to the conference. Registrants asked to leave during the running of the conference, with reason, will not be entitled to a refund.

 

Student Registration
To qualify for the student registration category, registrants must be studying full time at their indicated university/institution. Full time study is a minimum of 20 hours of active class participation. Students must provide the Organizers with a copy of their photo student identification card, proof of full-time status as a student from their university/institution and contact details for their administration office. Registration under the student rate is not guaranteed until full-time student status is verified by the Organizers.

Change to Conference Program
It may be necessary, for reasons beyond the control of the Organizers, to alter the times, dates, itineraries, or speakers of the Conference by notice to you at any time and in doing so DBEI will carry no additional liability for these circumstances beyond that noted below.

Liability
Registrants register for and attend the Conference at their own risk. Registrants agree not to hold the Organizers liable for any losses, damages, expenses, costs, claims or liabilities suffered or incurred by registrants including consequential or indirect losses or loss of profit through registering for the Conference, attending the Conference, cancellation of the Conference, failure of the Conference to achieve your expectations, or for any error or omission by the Organizers.

Registrants agree not to hold the Organizers liable or responsible for any personal injury (i.e. physical, psychological or emotional stress) or any loss or damage to personal property.

By registering to the Conference, registrants agree to receive emails in relation to this event.

By completing the survey post Conference(s), registrants’ comments and feedback will be used for marketing related purposes by Digital Built Environment Institute.

Photos taken during the Conference (which includes the Exhibition and social events) will be used for marketing related purposes by Digital Built Environment Institute.

 

Force Majeure

DBEI shall not be liable for any loss caused by the cancellation of the Conference where such cancellation is due to Force Majeure. The organisers will use all reasonable efforts to conduct the conference despite the intervention or occurrence of any such cause.

In this clause, Force Majeure means circumstances which are beyond the reasonable control of DBEI and which are reasonably likely to affect DBEI’s successful delivery of the Event or would make it inadvisable, impracticable, illegal, or impossible for a party to perform its obligations as originally contracted under this Agreement, including: fire, flood, earthquake, extreme adverse weather conditions, failure of electric power, gas, water, or other utility service, collapse of building structures, widespread disease or other public health emergency (including pandemic or epidemic), strike or other industrial action, the outbreak or declaration of war, act of terrorism, revolution or government orders or action (including the declaration of a State of Emergency).

If, as a result of Force Majeure, DBEI cancels the Event/s, DBEI shall use reasonable commercial endeavours to reschedule the Event. If DBEI is unable to reschedule the Event in accordance, DBEI will issue you a non-transferable credit note for the amount of the Fee, which may be redeemed against any appropriate future DBEI event for a period of 12 months from the date of issue.

Without prejudice to its obligations DBEI accepts no liability and will not be liable for any compensation where the performance of its obligations under this Agreement is affected by Force Majeure.

 

Disclaimer and Waiver
The Conference Organisers reserve the right to change activities, topics, and presenters where necessary.

The Organisers reserve the right to change these Terms and Conditions at any time without prior notice. These Terms and Conditions will be governed by and constructed in accordance with the laws of the and the parties submit to the jurisdiction of the courts of that state and country.

As a condition of my participation in this Conference I hereby waive any claim I may have against DBEI and its officers, directors, employees, or agents, or against the presenters or speakers, for reliance on any information presented and release DBEI from and against any and all liability for damage or injury that may arise from my participation or attendance at the Conference. I further understand and agree that all property rights in the material presented, including common law copyright, are expressly reserved to the presenter or speaker or to DBEI.

I acknowledge that participation in DBEI events and activities brings some risk and I do hereby assume responsibility for my own well-being. If another individual participates in my place per DBEI transfer policy, the new registrant agrees to this disclaimer and waiver by default of transfer.

DBEI intends to take photographs and video of this event for use in DBEI news and promotional material, in print, electronic and other media, including the DBEI website. By participating in this Conference, I grant DBEI the right to use any image, photograph, voice or likeness, without limitation, in its promotional materials and publicity efforts without compensation. All media become the property of DBEI and media may be displayed, distributed or used by DBEI.

By registering for this event, I agree to the collection, use, and disclosure of contact and demographic information. This information includes any information that identifies me personally (e.g. name, address, email address, phone number, etc.). DBEI will use this information to: (a) enable your event registration; (b) review, evaluate and administer scholarships or other DBEI initiatives; (c) market DBEI opportunities you may potentially be interested in; and to (d) share limited information (e.g. title, company, address and demographic information) with third parties that perform services on behalf of DBEI. DBEI may also distribute the attendee list of those who have opted into the list, to eligible sponsors and partners, however not without the prior consent of the individual. DBEI may use this information for so long as DBEI remains active in conducting any of the above purposes.