Last edited 08 Jul 2016

BIM model enabling amendment

The adoption of building information modelling (BIM) on a project requires the definition of specific obligations and liabilities, and limitations must be placed on the agreed use of the model.

This is generally achieved by adopting a BIM protocol, such as the freely-available Construction Industry Council (CIC) Building Information Modelling Protocol: Standard protocol for use in projects using Building Information Models (the CIC BIM Protocol). This is a 7 page supplementary legal agreement that can be incorporated into professional services appointments, construction contracts, sub contracts and novation agreements. The appendices to this protocol include a project-specific model production and delivery table (MPDT) and the employer's information requirements (EIR) setting out the information required by the employer aligned to key employer decision points.

BIM protocols can be incorporated into contract documents by the addition of a model enabling amendment. The CIC BIM protocol includes proposed text for a model enabling amendment. It also suggests that other exemplar amendments for common contracts can be found on the BIM Task Group website, however, it is not clear where these are.

The CIC BIM protocol proposes that the term 'BIM Protocol' should be included in the definition of the contract documents, defined as: 'BIM Protocol: the CIC Building Information Modelling Protocol in the form attached at Appendix X.'

It then proposes that the following clause should be added to the contract:

'The Employer and the Contractor shall:

  1. comply with their respective obligations set out in the BIM Protocol;
  2. have the benefit of any rights granted to them in the BIM Protocol; and
  3. have the benefit of any limitations or exclusions of their liability contained in the BIM Protocol'

However, as with any other modification of a standard agreement, care should be taken to ensure that the wording is suitable for a specific project, and to assess whether amendments are required to other contract documents, such as the scope of services. If there is any doubt, it may be wise to seek legal advice.

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