@BIMShowLive Legals of BIM

Digital Construction’s Wonder Women present The Justice Legals of BIMIs the BIM Protocol as robust as the Lasso of Truth? Are the Employer’s Information Requirements and the BIM Execution Plan as sturdy as indestructible bracelets?
Sarah and Ashleigh will dispel the legal myths around digital construction and discuss the legal structure behind BIM. This presentation will look at what is required legally to implement Level 2 BIM, whether current contracts and procurement routes cater for this and how this is all being approached in practice.
Speaker: Ashleigh Cole, Herbert Smith FreehillsVIEW BIOG
Speaker: Sarah Rock, Herbert Smith FreehillsVIEW BIOG
Putting theory into practice. 

Generally act for developer clients. 

What do you want from BIM – procurement – legal considerations – documentation and BIM protocols – roles and responsibilities 
The 8 pillars 1192-2 to 5. DPoW. Classification. GSL and BIM protocol. 
Current market. Closer to level 1+ no level 2 projects yet. 
Contract architecture and risk. Big picture. 


The why is then captured in the docs. 

Test how BIM is applied at each stage of the procurement process. 

BIM used across all contract types. 

You can contract for a collaborative project but you need a collaborative mindset. 

Reliability for pricing. Efficacy investigation possibly. 

Who is responsible for federating information multi main contract models? Not always clear or considered. 

Examples of the supply chain being unable to keep up with information delivery and quality. This needs to be assessed during procurement. 

JCT2016 amendments need to be closely scrutinised. 

Consider feeding into smart cities. 


What is the status of the model. Is it a contract document? Are the scopes of services consistent across the consultant team. E.g. Attendance of coordination meetings. 

Will contractor move into a compliance role. 

Will 2D still have a place. 

Sub-sub contractors. All data or sub sets. 

Is the model a contract deliverable. It’s in the EIR.



BIM protocol 


Standard form is currently undergoing comments. 

Options. CIC. Amend. Or bespoke. The industry is used to a contract with a schedule of amendments. 

CIC is one size fits all. Not ideal and ambitious to try and address all contracts. 

Look at some of the clauses. 

E.g. CIC takes priority over a bespoke appointment this creates an “interesting” situation. 

Review IP if it fits with the rest of the contract. 

“Reasonable” is a tricky word. 

Design responsibility vs MPDT. How are they aligned. 



Split clouds at client gateway. Seeing this being more common. 

Roles and responsibilities. 

Information manager. 

Comes down to scopes as to whether they facilitate or do. 


Good results around independent consultant. 

How can you sign up to reasonable care for non designers looking at design documents. No case law. 
Because every contract is separate you do need a document that is over arching so that’s the protocol. So protocol becomes non negotiable.
In the deal of novation is when you tweak common reference terms. 

When the employer becomes someone different as responsibility cascades. 
Responsibly to site risk and ground conditions are a heavily negotiated area. Risk sits with the person who is best able to manage it. Negotiation and debate. 


About Shaun Farrell

I have been involved in the construction sector since 1986 and over the years I have seen things change dramatically. Much of the change has been directly as a result of technology. This blog will be about the key combinations of People, Process and Technology. Any views expressed here are strictly my own.
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