The construction process is becoming more complicated because more and more parties are involved in it. Structures must meet more and more stringent requirements, technically, functionally, and economically. The manageability of this complexity is imperative. Integrated contract forms offer a solution.
Various activities are combined in an innovative construction process. These activities are put out to tender in an integrated contract. The form of an integrated contract depends on the degree of integration of the construction phases. The most famous form is Design & Construct. The contractor takes over the responsibility for the construction and for (part of) the design. The client formulates principles for the design, such as a Program of Requirements.
Advantages BIM in integrated contracts
BIM offers advantages for collaboration in the chain, because uniform, standardized, and validated digital information can be exchanged during the lifecycle of a building. This form of collaboration is in line with integrated construction processes. The benefits of BIM are, therefore, most visible when BIM is used in integrated construction processes. See also ISSO publication 109, Starting with a BIM for more information about the structure of the process.
For the time being, mainly larger construction clients are using integrated contract forms for their projects. However, more and more practical examples are also coming from decentralized authorities for smaller projects. It is actually not so much about “who” applies it, but more about the question “why.” Depending on many factors, one can opt for integrated contract forms.
Prof. Mr. Dr. Monika Cao-Duivis has written an article about the legal implications of working with BIM. It describes the consequences of working with BIM. She states that it does not raise new intellectual property questions. This also applies to liability for errors. The article states that integrated contract models like the UAV-GC will be used more often. It is concluded that working with BIM is, in principle, no different from working with other technical methods.
BIR Knowledge card no. 4B BIM legal, checklist BIM working agreements
The BIR has made a Knowledge Card. This checklist (how to cooperate with/in a BIM) lists topics on which agreements can be made in the context of BIM.
The topics in this checklist are derived from BIM protocols used in the market, combined with topics that have emerged from practice. For a project where BIM (at least from BIM level 2, see knowledge card 1) will be used – in any project phase – it is advisable to go through the checklist below about the BIM to be made in a start-up meeting. Agreements.
Legal embedding of BIM in construction contracts
The application of BIM is increasing rapidly, both in the Netherlands and internationally. Although much has been written about the technical-substantive aspects of BIM men, the legal questions and backgrounds surrounding this new technology in the Netherlands have only been discussed to a limited extent. For these reasons, Willem van DE Koot conducted research into BIM in construction contracts. “In the research that underlies this thesis, I have looked at the embedding of BIM in construction contracts as currently taking place in the Netherlands and what has already been accomplished in America in this area. Based on the research, recommendations were made to strengthen the legal framework of the BIM application in the Netherlands ”, says Van de Koot