the legal - cita€¦ · who am i @buildlaw_arttea •construction solicitor for 14+ years •bim...

THE LEGAL FRONTIER

Managing the Risks of Construction Technology

May Winfield

Who Am I@Buildlaw_Arttea

• Construction solicitor for 14+ years

• BIM and construction technology specialism

• Author of award winning “BIM: The Legal Frontier - overcoming legal & contractual

obstacles”; Co-author of award nominated “The Winfield Rock Report” and KCL’s

“Enabling BIM through Procurement & Contracts”

• Author of papers and articles on construction tech, e.g. Blockchain, drones, 3D printing

• Committee Member of BSI/555 for ISO19650 Guidance; Chair of BIM4Legal; CDBB RWG

Committee Member; Associate Editor of Frontiers: Blockchain

This is not legal advice or a magic wand

The Legal Frontierby May Winfield

#1 : The Thing About Disputes

Arcadis Global Construction Disputes Report 2018

• Average Value of UK disputes = US$34m

• Disputes number one cause = Poor contract administration

• mm

The Legal Frontier

Arcadis Global Construction Disputes Report 2018

• Average Value of UK disputes = US$34m

• Disputes number one cause = Poor contract administration

• mm

The Legal Frontier

#2 : The Thing About Contracts

The Legal Frontierby May Winfield

“It is not uncommon to see main contractors treat the samesubcontractors differently on the different projects they areboth engaged on as it is the contract that determines theflow of things”

(Akintan and Morledge (2013))

The Legal Frontier:

Contract Review Sample Checklist

• Risk allocation (accidents/damage/data errors/loss)

• Scope and purpose (e.g. responsibility to notice defects)

• Format and timing of data and deliverables

• Indemnity or Limitations for loss/damage/claims

• Time and Costs (Relevant Matter/Event or CE)

• Evidence of insurance / registration / training

To put it another way…

WHO DOES WHAT, WHEN AND HOW?

Achieve the Government mandateor

Do ‘Level 2 BIM’*

(*insert other acronyms or tech references here)

The Legal Frontier:

Common Issues

Where and what Specification docs*

(*are they binding?)

The Legal Frontier:

Common Issues

What are they actually responsible for?

The Legal Frontier:

Common Issues

You warrant to comply with [PAS1192-2]/BIM Standards*

(*or such other specified standards/guidance)

The Legal Frontier:

Common Issues

The Legal Frontier:

Common Issues

Fitness for Purpose*and

Strict Obligations

(*express and implied)

What does the Employer actually want?*

(*do they know why they’re using this tech?)

The Legal Frontier:

Common Issues

1. “We want/own the models”

2. “We didn’t realise it looked different on our software”

3. Deliverable is “3D Revit COBie BIM”

4. “This is your fault”

The Legal Frontier:

Some Real Examples

#3 : The Thing About Lawyers

The Legal Frontierby May Winfield

The Legal Frontierby May Winfield

#4 : Knowledge and Clarity

Understand Risk Risk of claims, loss and damage

Manage Risk Allocate/Limit risk via contract, process & insurance

Action Comply with duties; Give notices; Keep records

Knowledge Understand statutory & contractual duties & rights

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04/04/18

The Legal Frontier:

Final Suggestions

May Winfield@Buildlaw_Arttea

maymwinfield@gmail.com

Note: This presentation is not legal advice & views expressed are the speaker’s own, not her employer’s.

LINKS:

• http://www.ukbimalliance.org/resources/request-a-copy-of-the-winfield-rock-report/

• https://www.scl.org.uk/papers/drones-legal-frontier-%E2%80%93-opportunities-risks-taking-flight