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HKIUS BIM Agreementfor Design Consultancy and

Sub-contract

BIM Contract International ConferenceShowcase on BIM Procurement Methods

C K NgPresident, HKIUS

Construction is a technical matter


Why we need BIM and new Contract?


1. UK - Latham(94)/Egan(98)/Farmer(2016)NEC, IT (Modernise)

2. Singapore - Construction 21(1999)Procurement Policy / IT

3. HK - CIRC or Tang Report 2001Construction Technique, IT

Construction Reviews

BIM in Principle and in Practicepublished by Institution of Civil Engineers (ICE) 2014/5

Ch 1 - Introduction Ch 2 - An overview of BIM Ch 3 - How BIM works Ch 4 - Incorporating BIM Ch 5 - Managing BIM Ch 6 - Design liability and Ownership Ch 7 - Contracts Collaboration New contracts Integrated Project Delivery Design and build (DBOT, DBOM) How will BIM be used in dispute avoidance/dispute resolution

Ch 8 - Insurance, liability and risk

What are the purposes of BIM Contract?

1. To give the BIM Model a status - contractual

2. To declare the contract a BIM-driven Process

Do you feel the model is leading your BIM projects?

BIM-driven Process

No BIM Contract, lost in the BIM Jungle

No BIM Contract, BIM model has no authority

No BIM Contract, project has no direction

Nature of Contract Traditional Contract Consequence vs. Poor Performance Penalty vs. Non-compliance Damage vs. Breach Negative Cannot enforce 'Collaboration'

Partnering/Dispute Resolution/NEC Contract Identify problems as soon as possible Resolve conflicts

IPD/DB/DBOT/DBOM Collaborative Encourage cost effective design Positive

Nature of BIM

Collaborative

All will benefit from project, Win-Win

Positive

Single source of true (SSOT)

Close to DB, IPD, Partnering

BIM and VO/Cost saving

BIM - All or Nothing

HybridBIM

True BIM / SSOT

VO 18.42% (100%)

VO 2.68% (15%)

VO 11.17% (60%)

2D

UK BIM Level 3 Perfectly matched drawings i.e. SSOT

(True BIM Process -Design Alternatives, Constructability, Sequence (Time),Cost,Safety)

2D CAD drawings inherentlyare full of discrepancies

UK BIM Level 2

Architect

Landscape ArchitectOwner

Piling Contractor

Contractor

BIM ManagerStructuralEngineer

Civil EngineerLand Surveyor

QuantitySurveyor (5D)

MEP Engineer

Programmer (4D)

GeotechnicalEngineer

BIM - Single Source of Truth

BIM vs.ContractIPD/DB - Positive

Traditional Contract -Negative

Partnering

DisputeResolution

HybridBIM

True BIM / SSOT

VO 18.42% (100%)

VO 2.68% (15%)

VO 11.17% (60%)

2D

UK BIM Level 3

UK BIM Level 2

NEC

IPDPain/Gain

Hong Kong CIC BIM Standard

BIM Model is Contractual

BIM Technology keeps evolving

(Refer to US and Europe latest publications)

1. BIM Organisation Structure

2. Information Exchange

3. BIM first, before hiring professionals

US BIM Guide for Owners

Issued in January 2017

US BIM Guide for Owners

Courtesy of National Institute of Building Sciences

Europe - Belgium BIM Guide

Courtesy of Liberty University of BrusselsPublished in 2015

BBG - (1) Roles

Courtesy of Liberty University of Brussels

Current Contractual Arrangements

BBG - (2) Info Exchange


Author Architect

Receiver Engineers

Expected Content

¤ Preliminary study¤ Design principle: modulation¤ Geometric model

Author Facility Manager

Receiver Architect

Expected Content

¤ Analysis of the preliminary design from an FM perspective¤ List of suggested changes that can/should be made in the design in order to avoid major flaws or errors in the building operation stage

EXCHANGE D1.4

EXCHANGE D1.1

BBG - (3) BIM First


When starting a BIM project using BIM the following recommendations shall be followed:

A. The Owner appoints a BIM Process Manager who is responsible for defining the information exchange rules

B. The Owner, helped by the BIM Process Manager, defines the aim and expected use of the Building Information Model1. Support collaboration during design only2. Support collaboration during design and construction3. Support collaboration including operation

C. The BIM Process Manager ... optimise the use of the available information in the process

D. The Owner appoints the design team

BBG - (3) BIM First

Why HKIUS BIM Agreement?

Current practice lays the responsibility to BIM Team; however, BIM is a matter of all participants

It is a multi-party agreement BIM Req/Spec are not applicable to Designers or Subs Designers refuse to attend BIM meetings Sub-contractors refuse to collaborate Contractor does not submit a reasonable BEP Late coming subs do not agree with previously agreed BEP Challenge the authority of BIM Manager Dispute the precedency of Model over drawings Fail to provide 3D information to others Reluctant to provide BIM information needed by others Designer do not accept responsibility of model created by

outsourced BIM consultant IP rights of designers and subs

BIM Implementation

BIM Contractual Framework

BIM Organisation Structure

CDE/dRecord

Information Exchange

BIMManagement

BIM Collaboration

BIMModelling

Multi-Contract Project

BIM Contractual Framework

BIM Organisation Structure

PMIS/CDE/dRecord ---->

BIM Information Exchange

BIMManagement

BIM Collaboration

BIMModelling

Digital Construction

Architect

Landscape ArchitectOwner

Piling Contractor

Contractor

BIM ManagerStructuralEngineer

Civil EngineerLand Surveyor

QuantitySurveyor (5D)

MEP Engineer

Programmer (4D)

GeotechnicalEngineer

Digital Construction

HKIUS BIM Agreement


HKIUS BIM Agreement forDesign Consultancy and Sub-contract

Applicable for1. Design Consultancy2. Sub-contract

Purposes : 1. To define status of model2. To define roles and responsibilities3. To ensure collaboration4. To define BIM Process

2. Definitions and Interpretation Define all the terms used in this Agreement:

BIM / Discipline Lead Project BIM Manager BIM Meeting / Workshop Common Data Environment BIM Execution Plan Design / Construction Model LOD / BIM Uses Model Conversion Test Project Team Member - Arch, BS Eng, MEP Eng, Project

Scheduler, QS, LS, Programmer, FM, Utility Specialists etc. CSD / CBWD Information Exchange Protocol BIM Information Exchange Process Map Employer’s Information Requirement

3. Implementation of BIM in Project

Declaration of a BIM project set forth the basic framework of collaboration implement BIM pursuant to the “Employer’s

Information Requirement”

Provide the contractual legal status to the Model delivered “… any model delivered by the Project Team

Member pursuant to this Agreement shall fully comply with the conditions set forth herein.”

4. Conditions Precedent Set out the conditions for this Agreement to be valid. It

is important that: It supplements the Principal Agreement If the Principal Agreement is void, the BIM Agreement can

also be void Different designers and subcontractors usually sign at

different time. Handle any discrepancy that may arise for late comers by: Revise BIM Execution Plan Revise BIM Information Exchange Process Map Establish IE Protocols Satisfy the “Model Conversion Test”

5. Obligations of Project Team Members

Appointment of BIM Lead works under Discipline Lead, responsible for communication

Appointment of Discipline Lead responsible for design / construction responsible for the accuracy of the work responsible for BIM submission of his discipline

5. Obligations of Project Team Members

Obligations of the Project Team Members Deliver & exchange Models Specify the LOD Manage CDE BIM Meeting (To be discussed in section 10)

Further Obligations for: Arch/LA/Str/LS/GE/Civil - deliver, receive, exchange model MEP/BS - CSD, CBWD Project Scheduler - model-based 4D scheduling QS - QTO, Measurement LS - Model for surveying, Update model FM - EIR, Collection of as-built BIM information

6. Employer's Information Requirement

Annex the EIR in Schedule Objective, expectation, goals for the Project Implementation of BIM Approach & parameter

Transfer & record the details in EIR to BIM Execution Plan or other construction documents

Can modify EIR of the main contract here

7. BIM Execution Plan

Annex the BIM Execution Plan (BEP) in Schedule

BEP is most controversial. Currently, BEP is a post-contract document/protocol/agreement

Penn State U BIM Execution Plan BIM Goals BIM Uses Process Map Information Exchange Deliverables etc…

For Design Consultancy and Sub-contract, BEP is Client or Main Contractor's duty

8. BIM Info Ex Process Map

Current IE Process Map has no indication on IE

Similar to Data Drop, but at every step not stage

Key steps in the Process Map must associate with an Information Exchange protocol

9. BIM Managers

Clearly define the authority and obligations of different BIM Manager

Project BIM Manager

Design BIM Manager

Construction BIM Manager

Appointment, replacement, resignation etc…

10. BIM Meeting

BIM Meetings

Co-location Workshops – not teleconference

Big room concept

BIM is a process, not just a model. That's why attending BIM Meeting is a contract condition

11. BIM Information Exchange

Oversimplied Info Exchange - IFC Consider all graphic software formats (sketch?) Model Conversion Test Whenever there is any delayed submission, always

check the Information Exchange process Delay in passing information Design not finalised Not co-ordinated Inaccurate information Insufficient information Inappropriate format

12. Quality of Models

LOD must refer to a BIM Use e.g. visualisation, 3D co-ordination

Quality is related to BIM Use Model satisfactory for design may not suit

construction Model satisfactory for 4D may not suit for 5D Same standard of quality as achieved in the Model

Conversion Test

“… Model Receiver shall reasonably be expected to rely on the completeness, accuracy and timeliness of such Models to perform and discharge of its obligations and liabilities for the Project.”

13. Model Conversion Requirements

Purpose: to confirm the compatibility of the Model with the current BIM system

For crucial operation, it is better to carry out a Model Conversion Test

Information Manager

14. Information System & Data Security

Common Data Environment

Access of the CDE by all Project Team Members for the benefit of the implementation of BIM in Project

Use of CDE: NOT granted other Project Team Member any proprietary or other rights

Restricting any unauthorized use

17. Intellectual Property Rights

Model Element Author owns the rights (US)

Every party deems to have the right to use for the project only (UK) Two MEP sub-contractor working at different floors Two consultants working for two railway stations The client provides model elements to designers, main

contractor, sub-contractors.

Use of model for another contract?

Right of use ≠ Liabilities

15. Amendments16. Term and Termination18. Indemnity19. Confidentiality20. Entirety of Agreement21. Severability22. Force Majeure23. No implied waiver24. Compliance with other Agreements25. Survival26. Third-party Rights27. Governing Law28. Dispute Resolution

BIM Agreement

Schedule A : Employment's Information Requirements

Schedule B : BIM Info Exch Process Map

Schedule C : BIM Execution Plan

Schedule D : Level of Development

Schedule E/F : Template of Info Exch Protocol

Schedule G : BIM Uses

Schedules

About the Agreement

Welcome for comments and feedbacks

For electronic copy, email [email protected]

While every effort has been made to ensure the accuracy and quality of information contained in the Agreement, the HKIUS, its members or agents will take no responsibility for the use of the whole or part of the Agreement, nor for any errors or omissions that it may contain.

End


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