1. Shona Frame Construction Dispute Resolution Partner CMS Cameron McKenna LLP

2. BIM Level 3 & Beyond, Manchester University | 29 June 2016 Legal Implications of BIM Level 3 Shona Frame, Partner, CMS shona.frame@cms-cmck.com

3. BIM Level 3 & Beyond, Manchester University | 29 June 2016CMS UK The BIM Level 3 Vision 3

4. BIM Level 3 & Beyond, Manchester University | 29 June 2016CMS UK The BIM Level 3 Vision 4  Contractual framework to encourage open and collaborative working  Design with a view to use  Best lifecycle solutions  Continual learning and improvement  Reduced costs

5. BIM Level 3 & Beyond, Manchester University | 29 June 2016CMS UK Contracting Parties & Contractual Structure 5

6. BIM Level 3 & Beyond, Manchester University | 29 June 2016CMS UK Contracting Parties & Contractual Structure 6 2-party contracting not fit for purpose Early involvement of all stakeholders Contract for whole life cycle Multi-party contracts

7. BIM Level 3 & Beyond, Manchester University | 29 June 2016CMS UK Contracting Parties & Contractual Structure 7 Key Elements of Contracts: Collaboration Alignment of interests Incentivisation

8. BIM Level 3 & Beyond, Manchester University | 29 June 2016CMS UK Contracting Parties & Contractual Structure 8 Risk transfer Employer? Insurance? KPI’s

9. BIM Level 3 & Beyond, Manchester University | 29 June 2016CMS UK Contracting for life cycle 9

10. BIM Level 3 & Beyond, Manchester University | 29 June 2016CMS UK Contracting for life cycle 10 Pre-construction Construction In Use Interfaces

11. BIM Level 3 & Beyond, Manchester University | 29 June 2016CMS UK Contracting for life cycle 11 Capture and use of data Capture and respond to lessons learned

12. BIM Level 3 & Beyond, Manchester University | 29 June 2016CMS UK Contracting for data ownership, capture and use 12

13. BIM Level 3 & Beyond, Manchester University | 29 June 2016CMS UK Contracting for data ownership, capture and use 13 Tensions: Open data sharing v protection of ownership rights Liability considerations

14. BIM Level 3 & Beyond, Manchester University | 29 June 2016CMS UK Contracting for data ownership, capture and use 14 Future proofing: Useage of data throughout lifecycle Responsibility for updating

15. BIM Level 3 & Beyond, Manchester University | 29 June 2016CMS UK Contracting for data ownership, capture and use 15 Storage – how and where? Sharing - design → construction → in use Security

16. BIM Level 3 & Beyond, Manchester University | 29 June 2016CMS UK Developing Solutions 16

17. BIM Level 3 & Beyond, Manchester University | 29 June 2016CMS UK17 CMS Legal Services EEIG (CMS EEIG) is a European Economic Interest Grouping that coordinates an organisation of independent law firms. CMS EEIG provides no client services. Such services are solely provided by CMS EEIG’s member firms in their respective jurisdictions. CMS EEIG and each of its member firms are separate and legally distinct entities, and no such entity has any authority to bind any other. CMS EEIG and each member firm are liable only for their own acts or omissions and not those of each other. The brand name “CMS” and the term “firm” are used to refer to some or all of the member firms or their offices. CMS locations: Aberdeen, Algiers, Amsterdam, Antwerp, Barcelona, Beijing, Belgrade, Berlin, Bratislava, Bristol, Brussels, Bucharest, Budapest, Casablanca, Cologne, Dubai, Duesseldorf, Edinburgh, Frankfurt, Geneva, Glasgow, Hamburg, Istanbul, Kyiv, Leipzig, Lisbon, Ljubljana, London, Luxembourg, Lyon, Madrid, Mexico City, Milan, Moscow, Munich, Muscat, Paris, Podgorica, Prague, Rio de Janeiro, Rome, Sarajevo, Seville, Shanghai, Sofia, Strasbourg, Stuttgart, Tirana, Utrecht, Vienna, Warsaw, Zagreb and Zurich. www.cmslegal.com Your free online legal information service. A subscription service for legal articles on a variety of topics delivered by email. www.cms-lawnow.com Your expert legal publications online. In-depth international legal research and insights that can be personalised. eguides.cmslegal.com

18. @bimlevel3event https//match.presdo.com/events /bim-level-3-and-beyond www.biml3.com/agenda