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Speakers: May Winfield and Sarah Rock Twitter: @Buildlaw_Arttea; @Sarahrocklaw; @BIM4Legal LEGAL AND CONTRACTUAL BIM THE CURRENT VIEWS, ISSUES AND MITIGATION

LEGAL AND CONTRACTUAL BIM - CIOB Academy · BIM and related digital technology Author of “BIM: Overcoming legal and contractual obstacles” Panel member of KCL paper, “Enabling

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Page 1: LEGAL AND CONTRACTUAL BIM - CIOB Academy · BIM and related digital technology Author of “BIM: Overcoming legal and contractual obstacles” Panel member of KCL paper, “Enabling

Speakers: May Winfield and Sarah Rock

Twitter: @Buildlaw_Arttea; @Sarahrocklaw; @BIM4Legal

LEGAL AND CONTRACTUAL BIMTHE CURRENT VIEWS, ISSUES AND MITIGATION

Page 2: LEGAL AND CONTRACTUAL BIM - CIOB Academy · BIM and related digital technology Author of “BIM: Overcoming legal and contractual obstacles” Panel member of KCL paper, “Enabling

ABOUT USMay Winfield

□ Carillion Senior Solicitor, and specialist in

BIM and related digital technology

□ Author of “BIM: Overcoming legal and

contractual obstacles”

□ Panel member of KCL paper, “Enabling BIM

through Procurement & Contracts”

□ Core Team of BIM 4D working group

□ Committee Member of BIM4FM and Women

in BIM and Chair of BIM4Legal

Sarah Rock

Ex-electrical contractor and CAD

engineer

Transactional construction lawyer

specialising in projects incorporating

digital construction

Co-chair of London BIM Region and

vice chair of BIM4Legal

Page 3: LEGAL AND CONTRACTUAL BIM - CIOB Academy · BIM and related digital technology Author of “BIM: Overcoming legal and contractual obstacles” Panel member of KCL paper, “Enabling

STATE OF THE NATION

NEC4 JCT 2016 FM contracts……BIM levels and

definitions

Education and

knowledge

Terminology and

languageWhy use BIM?

New form of

procurement

Page 4: LEGAL AND CONTRACTUAL BIM - CIOB Academy · BIM and related digital technology Author of “BIM: Overcoming legal and contractual obstacles” Panel member of KCL paper, “Enabling

POTENTIAL DISPUTES

Page 5: LEGAL AND CONTRACTUAL BIM - CIOB Academy · BIM and related digital technology Author of “BIM: Overcoming legal and contractual obstacles” Panel member of KCL paper, “Enabling

What Did They Mean!?

Information Manager

BEPEIR

TIDP

SIM

MIDPLIM

BIM Co-ordinator

Information Modelling

Information Execution Plan

Level 2

Level 3

Page 6: LEGAL AND CONTRACTUAL BIM - CIOB Academy · BIM and related digital technology Author of “BIM: Overcoming legal and contractual obstacles” Panel member of KCL paper, “Enabling

Mismanaged Expectations

Page 7: LEGAL AND CONTRACTUAL BIM - CIOB Academy · BIM and related digital technology Author of “BIM: Overcoming legal and contractual obstacles” Panel member of KCL paper, “Enabling

Interoperabilityand/or Useless

Information

Page 8: LEGAL AND CONTRACTUAL BIM - CIOB Academy · BIM and related digital technology Author of “BIM: Overcoming legal and contractual obstacles” Panel member of KCL paper, “Enabling

COPYRIGHT

AND

LICENCES

Page 9: LEGAL AND CONTRACTUAL BIM - CIOB Academy · BIM and related digital technology Author of “BIM: Overcoming legal and contractual obstacles” Panel member of KCL paper, “Enabling

Who is Responsible for What?

Page 10: LEGAL AND CONTRACTUAL BIM - CIOB Academy · BIM and related digital technology Author of “BIM: Overcoming legal and contractual obstacles” Panel member of KCL paper, “Enabling

LEGAL CONSIDERATIONS

• and top tips

Page 11: LEGAL AND CONTRACTUAL BIM - CIOB Academy · BIM and related digital technology Author of “BIM: Overcoming legal and contractual obstacles” Panel member of KCL paper, “Enabling

BIM LEGAL CONSIDERATIONS

Longevity of model Intellectual PropertyIncorporation into

Smart City

Standards Skills of FM Team Cyber security

Hosting and

maintenance of

model

Page 12: LEGAL AND CONTRACTUAL BIM - CIOB Academy · BIM and related digital technology Author of “BIM: Overcoming legal and contractual obstacles” Panel member of KCL paper, “Enabling

Tips and Recommendations

□ Keep Records: Models and data issued/received

□ Consider: Security, corruption and degradation

□ Include: Limitations/Clarification on liability for data issued/received

□ Ensure: Sufficient and correct licences over models received

Page 13: LEGAL AND CONTRACTUAL BIM - CIOB Academy · BIM and related digital technology Author of “BIM: Overcoming legal and contractual obstacles” Panel member of KCL paper, “Enabling

WHAT ABOUT INSURANCE?

□ Do they know?

□ BIM role v Disclosed role

□ Loss of data

□ Cyber security extension

Page 14: LEGAL AND CONTRACTUAL BIM - CIOB Academy · BIM and related digital technology Author of “BIM: Overcoming legal and contractual obstacles” Panel member of KCL paper, “Enabling

THANK YOU

Legal BIM Project Link:

http://ukbimalliance.org/projects/overcoming-the-legal-and-

contractual-barriers-of-bim/

Contact:

May Winfield: [email protected]; @Buildlaw_Arttea

Sarah Rock: [email protected]; @Sarahrocklaw