BIM Protocols CIBSE 2015

Transcription

1 BIM Protocols CIBSE 2015 What is BIM? Contents Does BIM change the traditional liability structures? If so, how do we manage the change and contract to use BIM? CIC BIM protocol What are the insurance implications of the new arrangements? What are the main risk areas? 1

2 Building Information Modelling (BIM) RIBA and others have adopted the following definition: Building Information Modelling is digital representation of physical and functional characteristics of a facility creating a shared knowledge and resource for information about it forming a reliable basis for decisions during its life cycle, from earliest conception to demolition. UK Government has indicated that Government projects will need to be carried out using BIM level 2 by Strategic Implications of BIM for the professions Government Soft Landings Policy closely linked to BIM Task Group. Delivering alignment of design and construction with operation and asset management. 2

3 Strategic Implications of BIM for the professions New roles that break down the existing divisions and deliver a unified plan of work and scope of services. Greater interdisciplinary collaboration. Buildings treated as products. The culture change envisaged by Latham and Egan will move forward with better integration of roles and information. The Government s vision goes beyond adopting some new software and is concentrating on the production of reliable information for key decision making. Must learn to walk before we can run BIM level 2 3

4 Building Information Modelling (BIM) cont CIC in conjunction with the UK Government Strategy Task Group have produced a standard protocol for BIM level 2 Published 28 Feb contract amendments for the standard forms of contract are limited. PAS published on 28 th February 2013 provides a specification for information management for the capital/delivery phase of construction projects. PAS provides a specification for information management for the operational phase of a facility s lifecycle. 4

5 Building Information Modelling (BIM) cont NBS National BIM objects library NBS BIM toolkit Level 2 BIM comprises a number of components, as defined by the BIM Task Group, with many of the standards and guidance documents already developed. However, two vital pieces are still missing: a Digital Plan of Work and a unified classification system. This project will deliver these two final two pieces of the jigsaw. Why have a BIM Protocol? Greater collaboration and inter-disciplinary working Just collaborate? Efficient? Transferable? Repeatable? Reliable? Insurable? Deliverable? Procurable? 5

6 CIC BIM protocol The Employer completes the Protocol in connection with all direct appointments and contracts (Project Agreements) to be entered into with Project Team Members. Project Team Members any person having responsibilities in relation to the production delivery and or use of the Models. The Protocol is incorporated into the appointment documents and building contract. Project Team Members required to incorporate the Protocol in contracts further down the supply chain. The Protocol addresses specific obligations associated with the production of the Models and their use. Obligations associated with design deliverables will remain in the wider agreement. Employer to ensure that there is always an Information Manager appointed. Key Features of the CIC BIM Protocol Definitions. Priority of the Contract Documents. Obligations of the Employer. Put a Protocol in place Specify the information requirements Appoint to the role of Information Manager Obligations of Project Team Members. Produce the Specified Models Collaborative working practice To provide information to required standard at required time To put the Protocol in place in sub-contracts Electronic Data Exchange. No warranty for date integrity Use of models. Licences related to permitted purposes Limitations related to the extension of a project Limitations on liability associated with models. 6

7 Key Features of the CIC BIM Protocol Express clauses to incorporate the Protocol. Project team members produce specified Models. Level of detail and model production and delivery specified by Employer in the Model Production and Delivery Table. General standards and procedures for the production and sharing of information specified by the Employer in the Information Requirements. The Protocol creates specific obligations in connection with the models and the management of information. Legal issues to consider Ensuring consultant appointments and supply chain contracts are consistent with the roles and responsibilities undertaken in a more integrated early collaboration structure and properly reflect the Employer s Information Requirements. Managing outputs and inputs into the virtual models. Appointing an Information Manager. Protocol suggests that appointment will be made by the Employer in the first instance but that role could be transferred as different stages are progressed. Have the liabilities been transferred? The obligations of the Information Manager are not dealt with in the protocol. A specific appointment document will have to be entered into or the role included in the services covered by the lead designer or contractor or a third party. An outline schedule of services has been produced by CIC. 7

8 Legal issues to consider CIC protocol separates design responsibility from information management. i.e. clash detection is not the Information Manager s responsibility. Are there increased liability risks for Project Team Members? Limited warranty to comply with the requirements of the BIM protocol subject to events outside its reasonable control to use reasonable endeavours. Specific limitations of liability. No liability for corruption of data or unintended modification amendment or alteration of data. Restrictions upon rights to amend or modify the Material without consent. Legal issues to consider Liability of the Project Team Members to the Employer or other Project Team Members or Third parties is not excluded but is restricted to circumstances where the Model is being put to its permitted use. Similarly Liability of the Employer to Project Team Members is not limited except to the extent use is restricted. Consult with your insurers. The suggestion is that insurers will be comfortable with the BIM protocol for level 2 under existing insurance arrangements. See BIM Best Practice Guide. Note this only applies to BIM level 2. For the BIM level 3 whole Project Insurance or different contract structures may be required. 8

9 Tendering processes and legal issues to consider Consultants should review their terms of appointment and their insurance before undertaking a BIM project. building contracts need to be reviewed to include protocols and information requirements. Confidentiality and commercially sensitive data. BIM level 2 may include cost data and programming data. Copyright and other intellectual property rights. Ownership of copyright remains with Project Team Member who grants licences for use for Permitted Purposes. Current Status of the Protocol It is acceptable to insurers. See Best Practice Guide for Professional Indemnity Insurance. It aligns with current practice and encourages take-up of best practice. A generic incorporation clause has been drafted by CIC. Contract specific amendments to be produced by the major contract drafting bodies. JCT nothing specific yet beyond the existing Public Sector supplement. NEC 3 How to guidance issued PPC2000. Existing BIM supplement. Outline Scope of Services for Role of Information Management published by CIC 28 th February. 9

10 Main Risk Areas Not documenting the BIM process. Failure to properly allocate responsibilities of consultants / contractors/ sub-contractors. Permitting un-intended modifications. Traditional risk transfer overriding BIM protocol. Failure to keep design issue and model production distinct. BIM objects and specification. Tim Willis Willis Law Ltd Consultants to the construction and renewables Industries