Construction Webinar: BIM Rob Horne rob.horne@simmons-simmons.com 28 April 2016
Section 1 BIM What is it?
BIM The Basics What is Business Information Modelling (BIM)? A digital representation of physical and functional characteristics of a facility creating a shared knowledge resource for information about it forming a reliable basis for decisions during its life cycle, from earliest conception to demolition What does that mean? A CAD model Integrated across the project team Providing data to enhance project delivery Design management and control 2 / B_LIVE_EMEA1:3975150v2
Levels of BIM Maturity Level 0 - no collaboration and the design would probably be issued in paper format only Level 1 - unincorporated design models Level 2 - the use of an electronic model of a facility or project which contains input from all members of the design team for the whole project. Creation of a single model in stages each team member works separately until a defined point (a federated model ) Level 3 creating a single electronic module but all members of the design team are working on the same design at the same time. The design is live in real time (an integrated model ) 3 / B_LIVE_EMEA1:3975150v2
BIM Future BIM Level 3 All data is held on an integrated, web-based system that can be accessed by all relevant members of the construction team The data is presented in a standardised format (might include costs, programming and lifecycle facility management information) No single software package for use in BIM enabled projects - the variety of BIM-related tools on the market presents an obvious challenge when procuring a BIM-enabled project BIM Level 3 will mean a far greater focus on obligations and liabilities since the specifications are far more detailed and delicate More radical amendments to existing standard forms will be required Government target: to have a BIM Level 3 project running by 2017 4 / B_LIVE_EMEA1:3975150v2
BIM Future BIM Dimensions BIM Dimensions In addition to the level classification, BIM can also be classified by dimension What are BIM Dimensions? 3D - Height, depth, breadth 4D Includes Construction Time 5D Includes Capital Build Cost 6D Includes Whole Life Cost (beyond completion of the construction project) What is the benefit of additional dimensions? Adding dimensions adds detail allowing more project control Understanding time and cost allows everyone to understand the true impact of change 5 / B_LIVE_EMEA1:3975150v2
Section 2 BIM Level 2 - Key Principles
BIM Protocol The Protocol governs the use of BIM generated information and all team members enter into the same agreement The protocol needs to be stitched into the contract framework for the project, whether a bespoke or standard protocol is used. In the UK, Clause 2.1 of the CIC Model Protocol provides: This Protocol forms part of the Agreement. In the event of a conflict or inconsistency between the terms of this Protocol and any other documents contained in it and/or forming part of the Agreement, except where the Protocol states otherwise, the terms of this Protocol shall prevail. There is no general prohibition on the use of bespoke drafting for a less balanced form of Protocol 7 / B_LIVE_EMEA1:3975150v2
Information Manager Appointed by the Employer Usually an existing team member such as lead designer or project lead Can change during the course of the project Performs the Information Management Role This is not a design related role Clash detection and model coordination responsibilities will remain with the design lead Principle responsibilities will include Managing the process of information exchange Initiating and implementing Information Plans Assisting with data drops Implementation of the BIM Protocol including the Model Production Delivery Table 8 / B_LIVE_EMEA1:3975150v2
The Federated Model What is it? The basis of BIM Level 2 There is not a single database for all information - several distinct individual models produced by different members of the project team Essentially the combined output of the project team Intellectual Property It is the use of the federated model which primarily gives rise to IP concerns as there are contributions from various parties Permitted Purpose Under the CIC BIM Protocol, the Employer is granted a non-exclusive licence to use material in the models for the Permitted Purpose This is defined as a purpose related to the Project which is consistent with the applicable level of detail of the relevant model and the purpose for which it was prepared 9 / B_LIVE_EMEA1:3975150v2
Claim Free Environment (1) CIC Protocol In the UK the CIC Protocol promotes the idea of a claims free environment Clause 7: no liability to the Employer arising out of any modification or amendment to or any transmission copying or use of the Material or any proprietary work contained therein by the Employer and Other Project Team Member or any other Third Party (other than permitted by clause 6.3) Rationale BIM is a dynamic and collaborative design production The benefit of faster and better design rests with the Employer Therefore the Employer bears the risk of errors in models submitted to and by the Information Manager 10 / B_LIVE_EMEA1:3975150v2
Claim Free Environment (2) Exceptions Clash detection and model coordination remains a responsibility of the design lead (often the architect or design and build contractor) Breach of IP rights are excluded by clause 6.3 of the Protocol Also consider data issues. Clause 5 provides: The Project Team member shall have no liability in connection with any corruption or any unintended amendment, modification or alteration of the electronic data after it has been transmitted by the Project Team Member Sounds good but There is no liability for alteration or corruption after transmission An inherent flaw, virus or other malware would not be subject to the exclusion (as it existed before transmission) Does a software compatibility issue arise before or after transmission? 11 / B_LIVE_EMEA1:3975150v2
Section 3 BIM - Key Risks, Challenges and Problems
Obviously talking about BIM or maybe the whole construction industry Is BIM part of the problem or part of the solution? 13 / B_LIVE_EMEA1:3975150v2
Risks, Challenges, Problems Risks arising from The addition of new contract clauses The introduction of new rights and obligations Integrating work streams in a different way Challenges in Working in a different and more integrated way Shifting mind-set to a new way of working Even more information being available Problems for you Understanding how the legalities of working under BIM differ Practicalities in terms of insurance Managing the new risks and challenges to meet a different obligation 14 / B_LIVE_EMEA1:3975150v2
Areas of Potential Liability: (1) Software Problems Risk Clause 5.1 of the CIC Protocol provides Without Prejudice to the Project Team Member s obligations under this Protocol and the Agreement, the Project Team Member does not warrant, expressly or impliedly, the integrity of any electronic data delivered in accordance with this protocol Challenge This could alter the underlying contractual position The Protocol will override, potentially, any sub-consultant agreement which may contradict this exclusion Problem Integrity is not the same as accuracy. This provision does not reduce any liability for correctness of designs which would still be governed by the main Agreement 15 / B_LIVE_EMEA1:3975150v2
(2) Variation Management Risk BIM Protocol does not deal with change to any of the underlying contracts A change may create delay in one part of the design thus delaying all other parties Challenge Should you step outside your contract to help? Identify what you need, when you need it and notify when that does not happen Problem BIM does not change basic legalities, though the scale of the problem is BIM driven Where it is not clear who has caused delay risk remains unknown, unknown risks means you could be accused of being or contributing to the delay 16 / B_LIVE_EMEA1:3975150v2
(4) Supply network procurement Risk A key principle of BIM is that everyone joins the same protocol at the same time Things change of projects, how do we ensure that the protocol properly reflects that and is flexible enough to accommodate it Challenge Is that really how major projects are procured? Avoid a drift into frameworks and alliancing Problem Aligning the whole team at day one will significantly change the balance of when cost is expended Introducing new people to the BIM protocol during the project may give them significant commercial leverage 17 / B_LIVE_EMEA1:3975150v2
Is BIM fool proof? Probably not! Problems will always arise it is how you deal with them that counts 18 / B_LIVE_EMEA1:3975150v2
BIM Solutions Correct Skills Ensure the right skill sets are available, not just for designing but for managing the BIM process and maximising its potential Maintain proper records Any BIM system should keep a proper record of all design submissions and uploads Safeguarding the records of key data should go beyond that There is less a shortage of information than a shortage of good information and data analysis Notify early Flagging an information overload problem, or data management problem, should be the same as any other design concern 19 / B_LIVE_EMEA1:3975150v2
Our Key Contacts Rob Horne Partner M +44 (0) 20 7825 4264 E rob.horne@simmonssimmons.com 20 / B_LIVE_EMEA1:3975150v2
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