BIM : contractual and legal perspectives / authored by Peter Barnes (Blue Sky ADR Ltd, Harlow, UK).

Format:

Book

Author/Creator:

Barnes, Peter, active 2025, author.

Language:

English

Subjects (All):

Building information modeling.

Building--Data processing.

Building.

Physical Description:

1 online resource (153 pages)

Edition:

First edition.

Other Title:

Building information modelling

Place of Publication:

Leeds : Emerald Publishing Limited, [2025]

Summary:

BIM: Contractual and Legal Perspectives is a guide to the legal and contractual issues that need to be considered when operating under Building Information Modelling (BIM). The book illustrates the ways in which these issues are presently addressed and considers emerging approaches that can support the effective integration of BIM within project delivery. Coverage includes: BIM documentation and key roles and responsibilities; incorporation of BIM within standard form contracts, including NEC and JCT new contracts; smart contracts and blockchain; Intellectual Property Rights and copyright; design liability and professional indemnity; information security; dispute resolution, including use of models and artificial intelligence. BIM: Contractual and Legal Perspectives is an essential reference for a range of built environment professionals, including civil engineers and architects, and also professionals in commercial and management roles including project managers; quantity surveyors, client-side practitioners, legal professionals and digital specialists.

Contents:

Intro

Half Title Page

Title Page

Copyright page

Contents

Preface

Acknowledgments

About theauthor

Chapter 1: Introduction

Chapter 2: An overview of BIM

2.1. What is BIM?

2.2. The levels of BIM and BIM maturity

2.3. The benefits of BIM

2.4. The challenges of BIM

2.5. Abbreviations/acronyms/definitions/glossary of terms

Appointed party (and lead appointed party)

Appointing party

Appointment

Asset information model (AIM)

Asset information requirements (AIR)

BIM coordinator

BIM execution plan (BEP) (pre-contract and post-contract)

BIM information manager

BIM protocol

COBie (Construction operations building information exchange)

Common data environment (CDE)

Construction Playbook

Data drops (information milestone)

Delivery team

Deliverables (BIM deliverables)

Exchange information requirements (EIR)

Federated information model (FIM)

Information particulars

Information protocol

Information standard

Level of detail (LOD)

Level of geometry (LOG)

Level of information need (LOIN)

Master information delivery plan (MIDP)

Organisational information requirements (OIR)

Project implementation plan (PIP)

Project information model (PIM)

Project information requirements (PIR)

Project team

Responsibility matrix (general and design)

Risk register

Security management plan

Task information delivery plan (TIDP)

Task team

2.6. Summary

Chapter 3: The BIM strategy

3.1. The BIM strategy

3.2. The project BIM brief

3.3. Exchange information requirements (EIR)

Technical

Management

Commercial

3.4. BIM standards

BS EN ISO 19650-1

BS EN ISO 19650-2

BS EN ISO 19650-3

BS EN ISO 19650-4

BS EN ISO 19650-5

BS EN ISO 19650-6

3.5. BIM model requirements

Project information model (PIM).

The 3D model

The 4D model

The 5D model

The 6D model

The 7D model

3.6. Summary

Chapter 4: BIM parties and teams and the information management process

4.1. BIM parties and teams

Lead appointed party

The prospective lead appointed party

Appointed lead appointed party

Appointed party

Prospective appointed party (i.e. an appointed party prior to appointment)

(Appointed) appointed party (i.e. an appointed party after appointment)

The project team

The delivery team

The teams

4.2. Activities and stages

Step 1: assessment and need

Step 2: invitation to tender

Step 3: tender response

Step 4: appointment

Step 5: mobilisation

Step 6: collaborative production of information

Step 7: information model delivery

Step 8: project close-out

Summary of the activity steps

4.3. Assessment and need

Information requirements

Level of information need

Information delivery milestones (data drops)

Information production methods and procedures

Reference information and shared resources

Establish the project's common data environment (CDE)

4.4. Summary

Chapter 5: The procurement phase, the planning phase, the production phase and the project close-out phase

5.1. Invitation to tender

5.2. Tender response

Pre-appointment BIM execution plan (BEP)

Delivery team's mobilisation plan

5.3. The planning phase

5.4. Making appointments.

Post-appointment BIM execution plan (BEP)

Responsibility matrix

Development of BIM execution plan

5.5. Mobilisation stage

5.6. Collaborative production of information (and the CDE)

The common data environment (CDE)

Construction operations building information exchange (COBie)

5.7. The information delivery model

5.8. Close out: lessons learned

Capture lessons learned

5.9. Summary

Chapter 6: The legal challenges raised by BIM

6.1. General

6.2. UK BIM Alliance

6.3. Legal checklist

Parties and participants

Obligations of the parties and participants

The contractual adaptation for BIM

Standards

BIM execution and delivery plans

Exchange information requirements, documentation and record keeping

Models

Software

Data ownership and liability

Data confidentiality and security

Risk management

Intellectual property protection

Insurance

Close-out and soft landings (and the 'golden thread')

Dispute resolution mechanisms

6.4. Summary

Chapter 7: The contractual framework for incorporating BIM

7.1. How is BIM incorporated into contracts?

7.2. The information protocol

7.3. The information protocol for use with BS EN ISO 19650-2

Clause 1 Interpretation of the terms of the information protocol

Clause 2 Coordination and resolution of conflicts

Clause 3 Obligations of the appointing party (or the appointee more specifically)

Clause 4 Obligations of the appointee and appointer

Clause 5 The common data environment

Clause 6 Management of information

Clause 7 Level of information need

Clause 8 Use of information

Clause 9 Transfer of information

Clause 10 Liability

Clause 11 Remedies: security

Clause 12 Termination.

Clause 13 Definitions

7.4. Standard form contracts and BIM

JCT contracts

NEC contracts

CIOB Contract for Use with Complex Projects

PPC2000

Facilities management contracts

7.5. Summary

Chapter 8: Collaboration and new contracts

8.1. Collaboration/project alliance/integrated project delivery

Collaboration

Project alliance

Integrated project delivery

Interlocking risk allocations

Single-purpose entities

8.2. New contracts/smart contracts/blockchain

Multi-party contracts?

Smart contracts

Payment automation

Change orders

Asset handover and acceptance

BIM model version control

Quality assurance and inspections

Supply chain management

Data security and access control

Dispute resolution

Maintenance and facilities management

Environmental and sustainability monitoring

Types of smart contracts

Smart contracts and blockchain

Security and high reliability

Disintermediation

Fewer errors

Less human intervention

Speed and efficiency

Savings

8.3. Summary

Chapter 9: Design, professional indemnity insurance, intellectual property rights

9.1. Design and design liability

9.2. Intellectual property rights and copyright

Ownership and licensing of IP rights and copyright

9.3. The information protocol and intellectual property rights

9.4. Standard form contracts and intellectual property rights

NEC4 contracts

9.5. Artificial intelligence and intellectual property rights

9.6. Warranties and indemnities

9.7. Insurance

Surety bond industry

Integrated project insurance (IPI)

9.8. Summary

Chapter 10: Information security

10.1. General

Confidentiality

Integrity

Availability

Structured risk management process

10.2. Security controls and BS EN ISO 19650-5

Administrative controls.

Logical controls

Physical controls

10.3. Data protection laws

The General Data Protection Regulation (GDPR)

10.4. Summary

Chapter 11: Dispute resolution

11.1. General

11.2. Use of models

11.3. Artificial intelligence (AI)

Pros

Cons

11.4. Case law review

Birse Construction v. St David (1999)

Amey v. Cumbria County Council (2016)

Trant Engineering v. Mott MacDonald (2017)

Balfour Beatty v. Broadway Malyan (2022)

11.5. Summary

Chapter 12: Conclusion

References

Further reading and useful websites

Index.

Notes:

Includes index.

Includes bibliographical references.

Print version record.

ISBN:

1-83608-512-5

1-83608-514-1

OCLC:

1517395942