The Adoption of BIM Within the Public Works Contracts (PWC) Suite of Construction Contracts

in Ireland Presented by Simon Fraser

Hussey Fraser Solicitors

Objectives

Provide an overview of the CIC BIM Protocol and how this (or something similar) could be incorporated into the PWC and improve the contractual environment.

Submission:

1. PWC suite can be made “BIM Ready” with minor amendments.

2. Could assist in collaborative working in the industry.

3. Much work has already been done.4. There is an opportunity to now move in this

direction.

Public Works Contracts: Overview

1. Introduced in 2007 by Department of Finance2. Totally new. Not adopted from any other jurisdiction.3. Suite of Standard Form Contracts.4. Part of Capital Works Management Framework5. Purpose “……to bring cost certainty and value for

money…..” (GCCC Guidance Notes April 2006)6. Transfer of Risk “…….a high level of comprehensive

quality information should allow for a high level of risk to be transferred” (GCCC Guidance Notes April 2006)

Public Works Contracts: Improvements

1. Standard suite with standard definitions, layout, etc. “One Stop Shop”.

2. Include current work practices e.g. programme and site meetings.

3. Clear and comprehensive.4. Include new legislation e.g. Safety, Health & Welfare

at Work Act 2005, Late Payment Regulations, Industrial Relations Act 1946 to 2004.

5. Up to date and based on modern project stages and processes.

Public Works Contracts: Difficulties

1. Transfer of risk without the required high level of comprehensive information.

2. Clauses relating to programme contingency, consents, delay events, compensation events, claims, arbitration, and background information are unfair where poor quality information is provided.

3. Codifies the tradition adversarial method of working. 4. Missed opportunity to introduce aspects of partnering,

collaboration and co-operation (Clause 4.1 “Duty to Co-operate” does not contain any sanctions on default).

5. Have not delivered the benefits promised.

Capital Works Management Framework (CWMF)

1. Project Stages: • Appraisal• Approval in Principle• Stage 1 Planning Initial• Stage 2 Planning

Developed• Stage 3 Implementation• Stage 4 Review

2. Main Project Processes: • Project Management• Design Activities

(Building)• Design Activities (Civil Engineering)• Cost Control Activities• Risk and Value

Management• Documents for Approval

3. Award and Execution of Contracts is at the end of Stage 3 implementation.

Capital Works Management Framework (CWMF)

1. CWMF should be reviewed and amended to include BIM.

2. Help is at hand.3. Large body of work already carried out and available

for reference. 4. UK Government Strategy requires collaborative 3D

BIM on all its projects by 2016.5. UK BIM Task Group (www.bimtaskgroup.org)6. The British Standards Institution (www.bsigroup.com)7. Construction Industry Council (www.cic.org.uk)

BIM Selected Documentation

1. BSI has published PAS (Publicly Available Specifications) 1192-2:2013 “Specification for information management for capital / delivery phase of construction projects using building information modelling”.

2. PAS 91:2013 “Construction Prequalification Questionnaires”.

3. Employer’s Information Requirements.4. Best practice guide for professional indemnity

insurance when using BIM information models (CIC / BIM INS First Edition 2013).

5. CIC (Construction Industry Council) BIM Protocol 1st Edition 2013

CIC BIM Protocol

Main Points

1. Protocol attached to contract agreement. Intended for use with standard form contracts.

2. Minimum changes necessary to pre-existing contractual arrangements.

3. Primary objective to enable production of BIM models at defined stages of a project.

4. Seeks to encourage collaboration with all parties involved in the use, production or delivery of models.

5. Responsibility is with Employer to put protocols in place.

6. Sets out duty to produce and deliver models to defined levels of detail.

7. Protects the IPR subsisting in the information in the models.

CIC BIM Protocol

Elements

• Model enabling amendment.• 8 Clauses: 1. Definitions.

2. Priority of Contract Documents.3. Obligations of the Employer.4. Obligations of the Team Member.5. Electronic Data Exchange.6. Use of Models.7. Liability in respect of a Model.8. Termination.

3. 2 Appendices: 1. Level of Detail and Model Production and Delivery Table (MPDT).

2. Information Requirements (IR).

CIC BIM Protocol

Model Enabling Element

1. Incorporates BIM Protocol into the contractual agreement between the Employer and the Contractor (the Project Team Member) or between the Contractor and Sub-Contractor, etc.

CIC BIM ProtocolClause 1: Definitions (Selected):

1 Information Management Role – ‘management of the processes, protocols and procedures…’2 Level of Detail – ‘..as specified in Appendix 1…..’3 Material – ‘....information in any electronic medium prepared by or on behalf of Project Team Member….’4 Model – ‘....digital representation of part of the physical and / or functional characteristics of the Project…..’5 Other Project Team Member – ‘.....any person having responsibilities in relation to delivery and / or use of Models......’6 Permitted Purpose – ‘….a purpose related to the Project (or the construction, operation and maintenance of the Project)…’7 Project Team Member – ‘….the person appointed by the Employer pursuant to the Agreement....’

CIC BIM Protocol

Clause 2: Priority of Contract Documents

1 Terms of Protocol prevail

Clause 3: Obligations of the Employer

1 Ensure that Protocol is incorporated in all Project Agreements.

2 (a) Information Requirements and MPDT reviewed regularly.

(b) Appointment of Information Manager.

CIC BIM Protocol

Clause 4: Obligations of the Project Team Member

1. Produce the Specified Models (produced by PTM). 2. Deliver the Specified Models.3. Use the Project Team Models (produced by others).4. Comply with the Information Requirements.5. Arrange to incorporate Protocol into sub-contracts.

Clause 5: Electronic Data Exchange

6. No liability of Project Team Member for corruption of electronic data after transmission.

CIC BIM Protocol

Clause 6: Use of Models

1. Copyright remains vested in the Project Team Member.

2. Licence granted by Project Team Member to the Employer.

3. Licence and Sub-licence granted by Employer in respect of other information.

4. Licences include rights to grant sub-licences on identical terms to others e.g. sub-contractors.

5. Licences can be revoked for non-payment.6. No right to amend information provided by others.

CIC BIM Protocol

Clause 7: Liability in Respect of a Model

1. No liability in respect of any modification or amendment of the material by others.

Clause 8: Termination

2. Main clauses continue to apply following termination of agreement.

CIC BIM Protocol

Appendix 1: Levels of Detail (LOD) and the Model Production and Delivery Table (MPDT)

1. Parties may choose any other appropriate format.2. LOD definitions (from PAS 1192)

1. Brief2. Concept3. Developed Design4. Production5. Installation 6. As Constructed7. In use

3. Stage definitions: From Strategy to Operation and End of

Life.4. For each Model sets out Model Originator,

Stage for Delivery and Level of Detail

CIC BIM Protocol

Appendix 2: Information Requirements

1. Parties may choose another appropriate format.2. Sets out name of Information Manager.3. Sets out formats, protocols, co-ordinate systems etc.

Summary

1. Does not require major amendments to PWC Suite of Contracts to make them “BIM Ready”.

2. Current ongoing review of PWC Suite by Government Departments is an opportunity.

3. Incorporation of BIM into PWC suite (and into the CWMF) could assist collaborative working in construction industry.

4. Much work has already been done and is available for reference.

5. Opportunity to improve contracting environment in Ireland for the benefit of all parties.

6. The time to move in this direction is now.

Thank you