1. BIM - Key Risks and Contractual Approach
Andrew Croft
23 October 2018

2. Introduction Andrew Croft
Senior Associate, Projects and Contracts Advisory

3. Key Risks of BIM (based on UK experience)
Defining “BIM”?
Ambiguity re deliverables and CDE
Approach to intellectual property, uses and liability
Software issues and interoperability
Confidentiality and security
Inconsistency between contract and approach
V. important BIM is reflected contractually!

4. Clarity at outset = key Avoid “I just want BIM.” “OK”
Are requirements clear? Are there any EIRs?
Discuss BIM process at outset.

5. Need for clear lines of responsibility
More information and more readily accessible.
Agree who is doing what and when (e.g. Protocol Appendices)?
Clarify role of Common Data Environment and states (WIP, Shared, Published, Archived)
Clarify how can models in the CDE can be used/amended (status code, LOD)?
Responsibility for CDE - Trant Engineering v Mott MacDonald

6. Intellectual Property
Who owns IP in your models and other info?
Are existing licences wide enough to cover BIM material?
What can models be used for?
Can project team members use each other’s information?

7. Interoperability
What happens if software issues arise (e.g. interoperability)?
BIM procedures should try to avoid issues.
Agree process for resolving issues when they do arise.
Consider who takes this risk.

8. Security/Confidentiality
Information may say more than you realise.
Ensure that Models etc. verified from confidentiality perspective.
Are procedures re data loss and security sufficient?
Is the project team required to comply with them?

9. BIM + Contract (1) Contracts commonly inconsistent with BIM process.
Winfield Rock Report.
Risk of ambiguity as to rights/obligations.
Client will not obtain true benefits of BIM
Rarely see reference to BIM in Irish construction contracts.

10. BIM + Contract (2)
Need more than just reference to “models” in copyright clause
All key risks should be considered
See CIC Protocol (second edition):
Intended to be incorporated into all contracts
“piggy backs” onto underlying agreement
Available online (
“Joined up” approach key

11. Irish BIM Strategy – procurement and contract key!
“Building Information Modelling (BIM) to be required in the design, construction and operation of public buildings and infrastructure over 4 years from Nov 17.”
Will need to be embedded in procurement.
Clarity over requirements at outset key.
If BIM not reflected in contractual documents:
creates ambiguity;
client will not obtain benefit.
Watch this space!

12. Any Questions?
Andrew Croft
+44 (0)