Upload
others
View
1
Download
0
Embed Size (px)
Citation preview
E-signatures, the law and
the barriers of tradition
Welcome
Introduction to webinar
Chris
ClarkeDirector of performance and improvement
With thanks to
What Scape do…
▪ UK wide construction framework procurement
▪ Fast, compliant, simple, design for community benefit
▪ £2.5bn active work; 600+ active public sector clients
▪ The key: we facilitate contracts between clients and good
contractors formed using standardised (but adaptable) NEC
contract templates = rigour and good practice
A digital sector?
What is BIM?
...use of a shared digital representation
of a built asset
to facilitate design, construction and
operation processes
to form a reliable basis for decisions
[BS EN ISO 19650]
BIM themes
Culture
Less (not) adversarial
New habits
Data-sharing
Better (leading) practice
New standards
Technology
Increased (seamless)
compatibility
New tools
Process
Greater (total) clarity
New methods
BIM data-sharing
What is blockchain?
▪ Blocks = digital information or data
▪ Parties via unique digital signature
▪ Date, time and reward
▪ Hash = cryptographic code
▪ Chain = database of verified information
▪ Uses distributed ledgers = multiple digital records (public or private)
▪ Secure
▪ Party data is anonymised
▪ Blocks are impossible to delete
Current contracts?
▪ Adversarial
▪ For legal enforcement
▪ No certainty
▪ Not serving business’ needs
▪ Paper-based wet-signed
▪ ‘A burden and a bore’
Smart(er) contracts?
Electronic
Created electronically
Negotiated as paper-based
contract
Shared and sent using email
Signed using electronic
signing protocol
Stored (on cloud) as a single
document
Digital
Created using logic of Q&A and
common clause bank
Negotiated digitally
Shared and sent using digital
platform
Signed digitally eg DocuSign
Stored with other contract
documents in digital shared platform
Updates become part of contract
data
Digital asset during use, end and
demolition phase
Smart
Also known as intelligent
contracts
Contract created, negotiated
and agreed in spoken
language
Contract translated into
computer code
Capable of self-execution (at
least in part) with minimal
human intervention
Updates automatically (live
contract with recorded history)
Wake up and smelling the e-signature coffee….
▪ Summer 2017…new coffee machine (5 yr service
contract)
▪ Contract award…agreed terms…signed… first coffee
order…in 11 minutes! ALL on my smartphone.
▪ A legal experience (and not a trial).
What if WE did this…for construction?
The Business Case
▪ Paper, paper everywhere
▪ Version control hell
▪ Contract exchange takes
ages
▪ Courier and printing costs
▪ Procurement compliance concerns
▪ Lack of visibility for performance
management
▪ Fast
▪ Paperless
▪ Free
▪ CompliantThe benefits
The Best Bit….. DATA in use
By signing a contract this way…
▪ contract is immediately available to all
▪ data is immediately pushed into other systems
▪ E.g. Site postcode; economic analysis, carbon analysis, logistics
▪ E.g. Start/end dates – set valuation cycles, inspection dates,
performance checks
▪ E.g. Key contacts – ready for communication
Our journey
▪ Business case (2018)
▪ Selecting supplier
▪ Pilots; integrations (2019)
▪ Available in use for consultancy and civils projects
across the UK (2020)
▪ Turbo engaged – Covid-19 and lockdown (April 2020)
Our experience so far
As a team we CAN:
• Execute a contract in moments
• Deliver digitally - brief to contract
through BIM to site and back,
paperlessly
• Enhance governance and control
through thoughtful use of e-
signature workflows
• Enable Covid-proof procedures
• Make contract data democratically
and thoughtfully available
BUT we also…
• By tradition…only
execute a contract on
wednesdays
• By constitution…sign
deeds under seal
• By habit …print out the
documents for the only
time when we sign them
Breaking down barriers
Public sector and private
sector governance and
constitution can be
complemented not
contradicted by digital
contracts
BUT only if…
• Effective, safe legal
review of the opportunity
is undertaken
• Practitioners seek
change
• Benefits shared
Legal advice (public sector)
http://www.bevanbrittan.com/insights/articles/2
020/signing-documents-during-the-covid-19-
pandemic/
http://www.bevanbrittan.com/insights/articles/2
020/covid-19-executing-deeds-and-documents/
• Signing electronically
• Executing deeds and
documents
http://www.bevanbrittan.com/insights/articles/2020/signing-documents-during-the-covid-19-pandemic/http://www.bevanbrittan.com/insights/articles/2020/covid-19-executing-deeds-and-documents/
David Kitson
Partner
Questions and answers
Thank you for attending