Transcript Document

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.
2.
3.
4.
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6.
Introduced in 2007 by Department of Finance
Totally new. Not adopted from any other jurisdiction.
Suite of Standard Form Contracts.
Part of Capital Works Management Framework
Purpose “……to bring cost certainty and value for money…..”
(GCCC Guidance Notes April 2006)
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.
2.
3.
4.
5.
Standard suite with standard definitions, layout, etc. “One
Stop Shop”.
Include current work practices e.g. programme and site
meetings.
Clear and comprehensive.
Include new legislation e.g. Safety, Health & Welfare at Work
Act 2005, Late Payment Regulations, Industrial Relations Act
1946 to 2004.
Up to date and based on modern project stages and
processes.
Public Works Contracts:
Difficulties
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4.
5.
Transfer of risk without the required high level of
comprehensive information.
Clauses relating to programme contingency, consents, delay
events, compensation events, claims, arbitration, and
background information are unfair where poor quality
information is provided.
Codifies the tradition adversarial method of working.
Missed opportunity to introduce aspects of partnering,
collaboration and co-operation (Clause 4.1 “Duty to Cooperate” does not contain any sanctions on default).
Have not delivered the benefits promised.
Capital Works Management
Framework (CWMF)
1.
2.
3.
• Appraisal
• Approval in Principle
• Stage 1 Planning Initial
• Stage 2 Planning Developed
• Stage 3 Implementation
• Stage 4 Review
Main Project Processes: • Project Management
• Design Activities (Building)
• Design Activities (Civil
Engineering)
• Cost Control Activities
• Risk and Value Management
• Documents for Approval
Award and Execution of Contracts is at the end of Stage 3
implementation.
Project Stages:
Capital Works Management
Framework (CWMF)
1.
2.
3.
4.
5.
6.
7.
CWMF should be reviewed and amended to include BIM.
Help is at hand.
Large body of work already carried out and available for
reference.
UK Government Strategy requires collaborative 3D BIM on
all its projects by 2016.
UK BIM Task Group (www.bimtaskgroup.org)
The British Standards Institution (www.bsigroup.com)
Construction Industry Council (www.cic.org.uk)
BIM Selected Documentation
1.
2.
3.
4.
5.
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”.
PAS 91:2013 “Construction Prequalification Questionnaires”.
Employer’s Information Requirements.
Best practice guide for professional indemnity insurance
when using BIM information models (CIC / BIM INS First
Edition 2013).
CIC (Construction Industry Council) BIM Protocol 1st Edition
2013
CIC BIM Protocol
Main Points
1.
2.
3.
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7.
Protocol attached to contract agreement. Intended for use
with standard form contracts.
Minimum changes necessary to pre-existing contractual
arrangements.
Primary objective to enable production of BIM models at
defined stages of a project.
Seeks to encourage collaboration with all parties involved in
the use, production or delivery of models.
Responsibility is with Employer to put protocols in place.
Sets out duty to produce and deliver models to defined levels
of detail.
Protects the IPR subsisting in the information in the models.
CIC BIM Protocol
Elements
•
•
3.
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.
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 Protocol
Clause 1: Definitions (Selected):
1
2
3
4
5
6
7
Information Management Role – ‘management of the
processes, protocols and procedures…’
Level of Detail – ‘..as specified in Appendix 1…..’
Material – ‘....information in any electronic medium
prepared by or on behalf of Project Team Member….’
Model – ‘....digital representation of part of the physical
and / or functional characteristics of the Project…..’
Other Project Team Member – ‘.....any person having
responsibilities in relation to delivery and / or use of
Models......’
Permitted Purpose – ‘….a purpose related to the
Project (or the construction, operation and maintenance
of the Project)…’
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
2
Ensure that Protocol is incorporated in all Project
Agreements.
(a)
Information Requirements and MPDT
reviewed regularly.
(b)
Appointment of Information Manager.
CIC BIM Protocol
Clause 4: Obligations of the Project Team Member
1.
2.
3.
4.
5.
Produce the Specified Models (produced by PTM).
Deliver the Specified Models.
Use the Project Team Models (produced by others).
Comply with the Information Requirements.
Arrange to incorporate Protocol into sub-contracts.
Clause 5: Electronic Data Exchange
1.
No liability of Project Team Member for corruption of
electronic data after transmission.
CIC BIM Protocol
Clause 6: Use of Models
1.
2.
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5.
6.
Copyright remains vested in the Project Team Member.
Licence granted by Project Team Member to the Employer.
Licence and Sub-licence granted by Employer in respect of
other information.
Licences include rights to grant sub-licences on identical
terms to others e.g. sub-contractors.
Licences can be revoked for non-payment.
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
1.
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)
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2.
3.
3.
Parties may choose any other appropriate format.
LOD definitions (from PAS 1192)
1. Brief
2. Concept
3. Developed Design
4. Production
5. Installation
6. As Constructed
7. In use
Stage definitions: From Strategy to Operation and End of
Life.
For each Model sets out Model Originator, Stage for
Delivery and Level of Detail
CIC BIM Protocol
Appendix 2: Information Requirements
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2.
3.
Parties may choose another appropriate format.
Sets out name of Information Manager.
Sets out formats, protocols, co-ordinate systems etc.
Summary
1.
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6.
Does not require major amendments to PWC Suite of
Contracts to make them “BIM Ready”.
Current ongoing review of PWC Suite by Government
Departments is an opportunity.
Incorporation of BIM into PWC suite (and into the CWMF)
could assist collaborative working in construction industry.
Much work has already been done and is available for
reference.
Opportunity to improve contracting environment in Ireland for
the benefit of all parties.
The time to move in this direction is now.
Thank you