Page 39 - BIM and ISO 19650 from a project management perspective

5. Contracts

BIM does not substantially change the content of the Employer’s and/or the Contractor’s missions, but the way to respond to them.
It obliges to be more explicit on roles, responsibilities and information traceability to increase its quality and therefore its value.
Few authorities (Dubai, UK, Finland, Hong Kong) have already included BIM in their legislation. Actual protocols such as CIC BIM,
AIA Doc E202, Consensus Docs 301 are a good guidance for those who are drafting tenders/contracts. However, FIDIC and other
institutions have not adopted any protocol yet. Secondly, International Finance Institutions (IFIs) have not included BIM in their bid-
ding or tendering procedures.

The view of the EFCA BIM task force is that there is no special need to change the overall contracts. An annex to the contract or a
protocol will allow the practitioners to answer two basic questions:
• Who does what, when and how?
• Who has access to what, when and how?

The following main points of such an annex in a FIDIC environment, for example, will have to define:
• BIM protocol: Who does what, when and how? Who has access to what, when and how?
• Legal definitions of terms
• Hierarchy provision in case of conflicts between the protocol and contractual provisions
• Duties, obligations and liabilities of the parties (Employer and Contractor)

• Duties, obligations and liabilities of the Engineer including responsibilities for deliverables and BIM management
• Programme and applicable standards

It appears that BIM will have an impact on legislation and contracts (definitions, responsibilities and obligations of the parties, priority
of documents, confidentiality, and privacy). The three most important key issues are:
• intellectual ownership
• liability and

• insurances

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