Successful use of Building Information Modelling (BIM) is closely linked to the interfaces and systems established in the procurement model and contract terms. Case studies set out in this guidance note are taken from the July 2016 research report “Enabling BIM Through Procurement and Contracts“, which was produced by a multi-disciplinary team led by King’s College London (https://www.kcl.ac.uk/law/research/centres/construction/enabling-bim/ebimtpac-form.aspx).
The research methodology for Enabling BIM Through Procurement and Contracts comprised reviews of 12 leading BIM projects and confidential interviews with 40 leading practitioners. To quote Mark Bew MBE, chair of the UK Government BIM Working Group: “The work by the King’s College London team has presented us with a fascinating cross-sectional view of the current market state” which shows how BIM “places a sharp focus on the performance of traditional working methods that should have been addressed many years ago”.
The research report identified how BIM highlights the need for all consultant appointments, construction contracts and sub-contracts to address:
- “agreement of deadlines and interfaces in respect of submission and approval of design information and other data;
- clash detection, early warning and risk management;
- mutual agreement of intellectual property rights”.
- “the need for clarity as to the status of documents that enable BIM
- the need for reliance on BIM software
- the need for clarity as to the responsibilities of the BIM Information Manager
- the benefits of a procurement model under which contracts achieve early contractor, sub-contractor and manufacturer involvement
- the potential for greater integration of capital contracts with repair and maintenance contracts”.
The King’s research team included leading lawyers and representatives from the BIM Working Group and Central Government. Their recommendations included following:
“There is growing interest in the role that a multi-party contract can play in supporting the delivery of BIM enabled projects, for example in the following publications:
- ICE: “Despite the popularity of the NEC3 and JCT suite of contracts in conventional construction projects, PPC2000 was the contract chosen for the UK government’s Level 2 BIM trial projects. The multi-party contract was favoured as it governs the duration of the procurement process and promotes collaboration by bringing in key project participants at the design phase of the project.”
- RIBA: “It is logical given the move toward Integrated BIM (iBIM), new procurement models which consider ways of harnessing the skills of all the parties involved in the design, construction and management of a building will need to be developed alongside the new collaborative and multi-party contractual documents.”
- ACIF and APCC: “The future of the construction industries of Australia and New Zealand can be transformed through the adoption of BIM and Project Team Integration, which can drive substantial productivity improvements, expand business opportunities and encourage investment.”
- BIM2050: “A focus on relational contracting supports this recommendation using multi-party contracts to discourage legal disputes and costly litigation.”
In developing the TAC-1 Term Alliance Contract, King’s College London consulted widely on its potential to help obtain improved value through BIM. As a result TAC-1 is designed as a multi-party contract that can enable and support BIM level 2 and progression to BIM level 3.
TAC-1 and BIM
TAC-1 is a multi-party contract that integrates the BIM activities of all team members. It provides the option for BIM to underpin the agreed approaches to design, supply chain engagement, costing, Risk Management and programming. Provision for BIM is set out in TAC-1:
- in relation to the Term Programme in the Term Documents
- in relation to each Order in the Template Order Documents.
TAC-1 provides the means for the Alliance Members to obtain Improved Value through BIM including:
- data transparency and team integration through direct relationships (under the multi-party structure and Schedule 1 Objectives)
- agreed software and clarity as to reliance on data (in the clause 1.9.3 communication systems and Schedule 5 Template Order Documents)
- integration of documents enabling and supporting BIM (in the Term Documents and Template Order Documents)
- mutual reliance on agreed BIM deadlines, gateways and interfaces ( in the Schedule 2 Timetable and the clause 6 Alliance Activities)
- flexibility to agree any combination of BIM contributions (through the multi-party structure and under the clause 1.11 and Appendix 2 Joining Agreements)
- flexibility to bring in BIM contributions from specialist sub-contractors and manufacturers (through clause 6.3 Supply Chain Collaboration and clause 8 Orders)
- direct mutual licences of Intellectual Property Rights (in clause 11)
- integration of BIM management with governance and clash resolution (in the clause 1 Core Group and Early Warning provisions and the clause 5 Alliance Manager role)
- flexibility to obtain BIM contributions from additional Alliance Members involved in the occupation, operation, repair, alteration and demolition of a completed Project ( under the clause 1.11 and Appendix 2 Joining Agreements and the definition of Operation as a feature of Improved Value )
- potential for the BIM team to learn and improve over the duration of the Term Alliance Contract (under the Schedule 1 Success Measures and Targets.
The City of London Corporation used TPC2005 (the term contract form on which TAC-1 is closely based) in conjunction with BIM to procure and deliver the replacement of mechanical and electrical systems at the Central Criminal Court (the “Old Bailey”). BIM was adopted in order to enable the successful retrofitting of digital designs and data that will support the future repair, maintenance and facilities management of the building.
 ICE proceedings Vol 168, Issue MP6 p287 – BIM and construction contracts – CPC2013’s approach
 BIM Overlay to the RIBA Outline Plan of Work 2012
 Australian Construction Industry Forum and Australasian Procurement and Construction Council through the Strategic Forum for the Australasian Building and Construction Industry
 BIM 2050 Built Environment 2050 p23