BIM and project procurement Assad Maqbool, Partner

Presentation ———— 9 May 2019

What is Building Information Modelling?

●  British Standards Institute definition : “the process of generating and managing information about a building during its entire life. BIM is a suite of technologies and processes that integrate to form the “system” at the heart of which is a component-based 3D representation of each building element; this supersedes traditional design tools currently in use”

●  BIM is 3D digital modelling of a built facility describing its physical and functional aspects, creating more visible and versatile design and cost data that can unlock efficiencies and improvements

●  “Level 2” BIM - each design team member creates and maintains its own BIM model as part of a “federated model” – still need to ensure fit between BIM models of architects, engineers and other contributors through “clash detection” in a “Common Data Environment”

●  ISO19650 released early 2019

ISO 19650

●  ISO 19650 is the international standard for managing information over the whole life cycle of a built asset using BIM

●  Contains all the same principles and high-level requirements as BIM level 2 and is closely aligned with UK 1192 standards

●  Organization and digitization of information about buildings and civil engineering works, including building information modelling

●  Information management using building information modelling

●  BS EN ISO 19650-1: Concepts and principles ●  BS EN ISO 19650-2: Delivery phase of the assets

UK Government Construction

●  Government Construction Strategy (2011) and Construction 2025 (2013) promote adoption of BIM

●  BIM seen as a medium for improved integration of design, more accurate costing, reduced project risks and improved whole life value

●  BIM is a strategic initiative – “Level 2” federated models to be adopted across all UK Government projects by 2016, “Level 3” under consultation (and still being defined)

●  Early UK Government adopters of BIM level 2 primarily Ministry of Justice and Highways England - for example MoJ “Cookham Wood” and “North Wales Prison” Trial Projects considered later

●  Potential of BIM linked to other UK Government Construction Strategy initiatives , in particular early contractor involvement under ‘Two Stage Open Book’, Offsite Manufacture and the ‘Golden Thread’ of information needed to achieve whole life ‘Procurement for Value’

BIM - the legal issues

●  UK Government Construction Client Group, March 2011: “…little change is required in the fundamental building blocks of copyright law, contracts or insurance to facilitate working at Level 2 of BIM maturity”, but there is need for clarity as to:

●  Obligations to create/contribute to BIM models in agreed and compatible forms, and by agreed deadlines

●  Liability for and insurance of work on BIM models ●  Ownership of BIM models and data, and licensing for agreed

purposes ●  Integrity of models and data, and responsibility for successful

transmission/ integration and “cyber-security” ●  Contractual status of BIM models, and priority by reference

to 2D documents ●  Legal status of BIM in collaborative working

FIDIC, BIM and procurement

●  FIDIC 2017 BIM ‘Advisory Notes’ (pages 53-55) ●  ‘Coordination of goals and effort is essential’ using a ‘BIM

Protocol’ and a ‘BIM Execution Plan’ ●  ‘BIM is founded on a team approach and successful projects

utilising BIM encourage collaboration’ ●  ‘BIM is well suited for integrated project delivery…where

early proactive involvement of the design engineer, contractor and employer are essential [with] the possibility of adding operation and maintenance elements’

●  ‘If sub-contractors are to be utilised, they should be bound by the BIM Protocol and Execution Plan’

●  The dispute resolution processes in the agreement should be appropriate, considering the collaborative nature of the BIM process’

FIDIC, BIM and procurement

●  FIDIC Advisory Notes list 25 clauses to be reviewed for BIM but do not state any changes that should be made

●  No FIDIC BIM Protocol for ‘coordination of goals and effort’ or for creation of ‘a team approach .. to encourage collaboration’ or for ‘integrated project delivery’

●  No FIDIC early contractor appointment except by a separate White Book appointment, so no integrated FIDIC processes for ‘early proactive involvement of the design engineer, contractor and employer’ or for ‘operation and maintenance elements’ or for sub-contractors to be ‘bound by the BIM Protocol’

●  Need to supplement FIDIC with procurement and contractual systems for the contractor, consultants and specialist subcontractors to integrate reliable BIM data for completion and operation of the project

ECI, collaboration, integration and BIM

●  What new relationships, activities and processes are required for BIM to support efficient working practices?

●  How do early contractor involvement (‘ECI’) and collaborative procurement enable integration through BIM?

●  Stated principle that BIM is ‘collaborative’ - but what does this mean?

●  How can BIM reduce the typical causes of project disputes, such as “inaccurate design information”, “inadequate site investigations” and “unrealistic time targets” (Kumaraswamy (1997), CLJ) ?

●  Case studies have shown the measured benefits that can be obtained by combining BIM with a collaborative ECI project procurement and delivery model

BIM project case study - Ministry of Justice, Cookham Wood

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment- data/file/325950/Cookham_Wood_case_study__CE_format__130614.pdf

•  TwoStageprocurement•  Agreedcostsavingsof20% •  Opera9onalcostsavings •  Improvedprogrammecertaintyand9me

savings

•  Innova9vedesignsolu9onsusingBIM

•  BIMcontribu9onscapturedbyintegrated,serviceschedulesandmul9-partyIPRlicence

Cookham Wood Case Study

●  Two stage procurement to enable testing of design/cost/tine/risk assumptions with a conditionally appointed contractor plus joint development of BIM models ahead of state on site

●  Collaboration (using BIM) between HLN Architects, Main Contractor (Interserve) and Specialist Subcontractor (SSC) resulted in an innovative pre-cast volumetric cell proposal

●  Consequent reduction of construction programme from 50 to 44 weeks and saving of £85,000 in time-related site overheads

●  Interserve worked on BIM models with HLN architects to obtain other early cost/quality proposals from Subcontractors

●  BIM improved design coordination and change management at an early stage prior to construction, including liaison with the Governor of HMYOI Cookham Wood, who praised the benefits of a “walk through of the buildings highlighting views into and out of areas that normally I couldn’t do until completion”

●  Engineer (Arup) and Specialist Subcontractor (EMCOR) worked together on trialling designs for service ducts and cell risers to ensure secure repair and maintenance, then incorporated into the BIM model for this work package

BIM project case study - £157 million North Wales Prison

http://constructingexcellence.org.uk/wp-content/uploads/2015/12/Trial-Projects-North-Wales-Prison-Case-Study_Final.pdf ●  One of the largest prisons in Europe trialling ECI and collaborative

working under PPC2000, with BIM Level 2 linked to ongoing asset management, delivering 26% cost savings, effective time management, improved quality, social value and avoidance of disputes

North Wales Prison Case Study

●  38 week pre-construction appointment of main contractor ●  26% agreed savings against cost estimate- achieved by

early collaborative working and despite a rising market ●  Innovations proposed by main contractor Lendlease and

sub-contractors such as Crown House (M and E), including value engineered lighting, review of building footprints, environmental benefits and cost savings of open swale , and reprogramming to make up for delayed start on site

●  £4 million saved by asbestos mitigation on site ●  Small/medium enterprises (SMEs) used on £30 million of

work packages, 77% of people on site are local ●  First prison project “Skills Academy” supporting new

apprenticeships

The way forward- BIM procurement and contract recommendations https://www.kcl.ac.uk/law/research/centres/construction/assets/bim-research-report-1-jul-2016.pdf ●  “Were any of the responsibilities of any team member

reduced, by means of disclaimers, exclusions or limitations, by reason of adopting BIM?” 100% of interviewees’ answers were simply “No”

●  “In maximising the benefits of BIM, a revised protocol could provide guidance on links to recommended procurement models, including the importance of engaging with those who will manage and repair the completed project.”

●  Need to develop stronger links between BIM and procurement through:

●  early involvement of contractors/subcontractors/suppliers ●  links to future repair/maintenance/operation

Procurement using a multi-party contractual BIM protocol ●  “creating direct relationships between project team members

in relation to BIM and not depending on the client and the main contractor acting as intermediaries;

●  enabling mutual reliance on agreed deadlines in respect of BIM contributions and approvals;

●  creating an agreed forum for resolution of clashes between BIM models;

●  creating direct mutual intellectual property rights; ●  establishing clarity as to the reliance on data and on BIM

software; ●  spelling out links in relation to the repair, maintenance and

operation of the completed capital project; ●  providing for joining agreements to bring in additional

members as they join the team”

FAC-1 as a multi-party BIM protocol

FAC-1 acts as a multi-party BIM protocol for use in conjunction with FIDIC, creating: ●  BIM data transparency and team integration under

direct relationships (under the multi-party structure and Schedule 1 Objectives)

●  Agreed software and clarity as to reliance on BIM data (in the clause 1.9.3 communication systems and Schedule 5 Template Project Documents)

●  Integration of documents enabling and supporting BIM (in the Framework Documents and Template Project Documents)

●  Mutual reliance on agreed BIM deadlines, gateways and interfaces (in the Schedule 2 Timetable and the clause 6 Alliance Activities)

FAC-1 as a multi-party BIM protocol

FAC-1 provides the means for BIM to improve data, reduce risks and avoid disputes through: ●  Flexibility to agree any combination of BIM

contributions (under the multi-party structure and under the clause 1.11 and Appendix 2 Joining Agreements)

●  Flexibility to bring in BIM contributions from specialist sub-contractors and manufacturers (under clause 6.3 Supply Chain Collaboration and clause 7 Orders)

●  Direct mutual licences of Intellectual Property Rights (in clause 11)

●  Integration of BIM management with governance and clash resolution (clause 1 Core Group and Early Warning provisions and clause 5 Alliance Manager role)

Conclusions

●  BIM offers ways to improve design/cost/time data, to reduce risks and to avoid disputes

●  But this only occurs if BIM is combined with a procurement model that generates and tests data that is shared and integrated between the consultants, contractor and subcontractors prior to start on site

●  FIDIC contracts are not designed to govern these early BIM data sharing and integration processes

●  FAC-1 is designed to govern these processes and acts as a BIM integrator for use in conjunction with FIDIC or other project contract forms

Contact

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Assad Maqbool Partner d +44 20 7423 8605 e amaqbool@trowers.com

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