{"id":21622,"date":"2015-12-07T09:45:47","date_gmt":"2015-12-07T09:45:47","guid":{"rendered":"https:\/\/www.pbctoday.co.uk\/news\/?p=21622"},"modified":"2018-09-04T11:25:06","modified_gmt":"2018-09-04T10:25:06","slug":"contractual-implications-bim-2","status":"publish","type":"post","link":"https:\/\/www.pbctoday.co.uk\/news\/digital-construction-news\/bim-news\/contractual-implications-bim-2\/21622\/","title":{"rendered":"The contractual implications of BIM"},"content":{"rendered":"

Shona Frame, Partner at international law firm CMS considers the legal implications of BIM in contractual documentation\u2026<\/span><\/h2>\n

Much has been done in relation to the technical aspects of BIM and its implementation. However, there has been less focus on the legal aspects and specifically how to dovetail the technical requirements of BIM and the obligations of the various parties into the contractual documentation.<\/p>\n

To date, the standard form drafting bodies have reacted to BIM by publishing proposed amendments to existing standard forms, very much adopting a light touch approach.<\/p>\n

JCT and SBCC published a public sector supplement containing proposed contract amendments providing for the inclusion of \u201cany agreed building information modelling Protocol\u201d as a contract document or within the employer\u2019s requirements. It is left to parties to select a protocol.<\/p>\n

NEC3 also published a guide titled \u201cHow to use BIM with NEC3 contracts\u201d.<\/p>\n

The NEC3 contract assumes adoption of the CIC BIM Protocol. It suggests that the parts of the Protocol dealing with technical requirements should be included within the Works Information, allowing amendments to be instructed to them which can be dealt with as compensation events. The parts which modify conditions of contract or which deal with parties\u2019 rights and liabilities should be added by Z clauses into the contract conditions, preventing them being amended unilaterally.<\/p>\n

The need for compatibility between the Protocol and the contract is recognised as is the possible need for additional compensation events, e.g. for events preventing compliance with delivery of Models in accordance with the Protocol.<\/p>\n

Is this sufficient? It is important not to look for changes for the sake of change. At each stage of the contract it makes sense to ask what has changed in contractual terms by the introduction of BIM.<\/p>\n

Having said that, there are a number of areas where thought is required to ensure additional BIM requirements are dealt with.<\/p>\n

Key issues include:<\/p>\n