bs en iso 19650-compliant information protocol · (iso 19650-2) appointed party appointment the...

#InformationProtocol

BS EN ISO 19650-compliant Information Protocol

A Webinar by the authors:

May Winfield, Simon Lewis, Andrew Croft

16 June 2020

Note: This presentation is not legal advice & specialist advice should be obtained on any matters


May WinfieldAssociate Director, BuroHappold Engineering

Twitter: @Buildlaw_Arttea

Email: [email protected]

• Senior construction lawyer

• Specialist in BIM and construction technology

• Spoken on construction technology worldwide

• Chair of BIM4Legal

• BSI Committee member of ISO 19650 Transitional Guidance

• Core Team Member of 4D Construction Group

• Member of CDBB Digital Twin Roadmap Working Group

• Member of RIBA Information Manager PSC Working Group

• Led drafting team of BS EN ISO19650 Guidance legal section

• Co-author of JCT 2019 Practice Note on BIM

• Co-author of ISO19650-compliant BIM Protocol

• UK BIM Alliance Ambassador


Andrew CroftSenior Associate, Project & Contracts Advisory, Beale & Co

Twitter: @andrewiancroft

• BIM4Legal Committee Member

• Advised on legal implications of UK government 2011

construction strategy

• Drafted CIC Protocol (versions one and two)

• Co-author ISO 19650 Information Protocol and JCT BIM Practice

Note 2019

• Advised on BIM contractual arrangements on key infrastructure

projects


Simon LewisPartner and Head of Disputes, Construction & Engineering Team,

Womble Bond Dickinson (UK) LLP

Twitter: @Simonlewislaw

• Vice Chair, BIM 4 Legal

• Co-author, BS EN ISO19650 Information Protocol

• Member of working group, PAS1192-5

• 30 years’ experience in dispute resolution in the construction

sector


IT IS READY



But now the (even)harder taskbegins…..



Remember The Guidance


#InformationProtocol Note: This presentation is not legal advice & specialist advice should be obtained on any matters

Main BodyProject

Information Protocol

Appointment Documents

Appointment Schedules

Referenced Documents

Appended

Referenced

© Paul Shillcock and May Winfield

(ISO 19650-2) Lead AppointedParty Appointment

The purpose of this diagram is to show the relationship between the various information

management documents within an appointment and is not intended to be legal guidance.

Not all contracts have schedules; for example the schedules contents would be contained in NEC3/4 Z-clauses

and Works Information/Scope instead. Legal advice should always be sought when preparing appointments.

Industry Standards

Appointing Party’s

Standards & Policies

Delivery Team

Capability & Capacity

Assessment

Delivery Team

Mobilization Plan

Delivery Team

Information Delivery

Risk Assessment

Project Information

Delivery Milestones

Acceptance Criteria

e.g. Management /

Production Methods

and Procedures;

reference information

and shared resources

etc

Level of

Information Need

Supporting

Information

e.g. reference

information and

shared resources etc

Appointing Parties

Exchange Information

Requirements

Project

Information Standard

Delivery Team

BIM Execution Plan

Delivery Team

Master Information

Delivery Plan



Main BodyProject

Information Protocol

Appointment Documents

Appointment Schedules

Referenced Documents

Appended

Referenced

© Paul Shillcock and May Winfield

(ISO 19650-2) AppointedParty Appointment

The purpose of this diagram is to show the relationship between the various information

management documents within an appointment and is not intended to be legal guidance.

Not all contracts have schedules; for example the schedules contents would be contained in NEC3/4 Z-clauses

and Works Information/Scope instead. Legal advice should always be sought when preparing appointments.

Industry Standards

Appointing Party’s

Standards & Policies

Delivery Team

Capability & Capacity

Assessment

Delivery Team

Mobilization Plan

Delivery Team

Information Delivery

Risk Assessment

Project Information

Delivery Milestones

Acceptance Criteria

e.g. Management /

Production Methods

and Procedures;

reference information

and shared resources

etc

Level of

Information Need

Supporting

Information

e.g. reference

information and

shared resources etc

Lead Appointed

Parties Exchange

Information

Requirements

Project

Information Standard

Delivery Team

BIM Execution Plan

Detailed

Responsibility Matrix

Task Information

Delivery Plan


Interpretation and Structure

Simplifying search for definitions and documents

• Definitions

• Order of Precedence

• No Schedules

• Information Particulars



Simplifying Search for Definitions and Documents

• One Protocol for all

• One location list for documents = Information Particulars

• “According to the UK BIM Framework” defined



Terminology

• Clause 13 sets out definitions.

• Generally consistent with ISO 19650.

• Definitions only apply to Protocol, do not supersede ISO19650.

• Terms in italics use ISO 19650 definitions.

• Key parties – Appointee, Appointor, Appointing Party, Lead Appointed Party

• Key documents and processes

• Flexible to allow documents to be updated

• Required Standard



Co-ordination

• Under ISO19650 process significant information exchanged

• Important information is co-ordinated (clause 3)

• Co-ordination meetings – as stated in Information Particulars and Appointment

• If omission or conflict in or between any information:

1) follow process in Appointment;

2) If no process, notify conflict, seek to resolve and meet if needed.



Obligations – Appointing Party

• If Appointing Party party to Appointment, must (clause 3) arrange for:

• review and update Information Particulars when required until completion

• appointment of individuals to undertake Appointing Party tasks

• “arrange for” so doesn’t mean Appointing Party does it themselves.

• Appointee’s rights following update of Information Particulars as per Appointment.

• Individuals to be appointed by Appointing Party would include those responsible for information management processes and security.

• No stand alone “information manager” or “built asset security manager”.

• More flexible.



General Obligations – Both Parties

• ISO 19650 processes embedded contractually.

• Comply with Information Particulars insofar as applicable (clause 4.1).

• Comply with key ISO 19650-2 processes (clause 4.2-4.7), e.g.:

• Appointee to test methods and procedures in Information Particulars

• Lead Appointing Party to establish risk register;

• Use CDE Solution and Workflow;

• Share information at times stated in Information Particulars (subject to EOT);

• Consider EOT drafting in Appointment.

• Security (clause 4.8) – simplified – comply with Security Management Plan



Information Management

• Information management documents, workflows key to ISO 19650.• “Prepared Documents”• Appointee must prepare to the extent require by ISO19650-2 or

Appointment• Otherwise Appointee must assist with preparation• Appointee must prepare or assist with updates to Prepared Documents.• Information Particulars set out Prepared Documents at date of

Appointment.• Both parties assist with updating Information Particulars.



Information Delivery Plans

• Task Information Delivery Plan (TIDP) (clauses 4.12-4.14).

• TIDP:

• to be established by Task Teams under a Parties’ control.

• to be complied with by Parties/those under authority and control.

• to be reviewed and updated.

• rights following update assessed in accordance with Appointment.

• Information generated under TIDP to be reviewed.

• Consider if appropriate to each Appointment.

• If key part of deliverables, important TIDP is contractually binding.



Clause 5: CDE Workflow and Solutions

• Exclusion of liability for corruption, unintended amendment etc is now mutual

• Appointing Party’s responsibility for:

• Establishing and implementing CDE Solution and Workflow

• Storage and archiving of the information

• Express right to access information (applying lessons learnt)

• Add organisation/project-specific arrangements



Clause 6: Management of Information

• New clause

• Positive obligations to carry out information management functions and tasks

• Appointment of third parties to carry out the functions must include sufficient scope to describe role and responsibilities

• Compliance with the Project’s Information Standard and Project’s Information Production Methods and Procedures



Clause 7: Level of Information Need (not LOIN)

• Level of Information Need for all information which is a contractual deliverable and metrics for determining Levels of Information Need

• Must be:

• Set out in the Information Particulars

or

• Shall be agreed



• Deals with GDPR/data protection and IP issues

• Based upon the equivalent provision (clause 6) in the CIC BIM Protocol 2nd

Edition

Clause 8: Use of Information



• Parties to observe their GDPR obligations. If there is an appointment that takes precedence or covered by general compliance in the Protocol

• “GDPR” and “Data Protection Laws” defined in clause 13

• Intended to be flexible to cover developing law/concepts in this area



• Key definitions: “Material” and “Permitted Purpose” (clause 13)

• Material only to be used for the Permitted Purpose

• IP rights: Appointment takes precedence

• If no such provisions, clauses 8.3 – 8.5 apply to grant licence (8.4)

• Equivalent obligations on Appointor in clauses 8.6 – 8.8




• Statements setting up contractual responsibilities for delivery of information on Appointor and Appointee

• Risk assessment by Lead Appointed Party

• Capturing of lessons learned

Clause 9: Transfer of Information



• Limitation of liability provision – neither party has liability to the other if the other party modifies or amends or in any other way deals with the Information Model, Material or related work for any purpose other than the Permitted Purpose

• In other words, the issuing party is only liable for information it issues if that information is used by the receiving party for the Permitted Purpose.

Clause 10: Liability



• Refers back to clause 4.8 – obligation to comply with the Security Management Plan (if any)

• Deals with the consequences of breach of the Security Management Plan

• “Security Management Plan” defined in clause 13 and should be identified in the Information Particulars – sets out requirements for carrying out the Works in a security-minded way

• Reflects the provisions of BS EN ISO19650-5

Clause 11: Remedies – Security



• Read it – Ask questions

• Use it – Tell others

And…complete the information particulars


What Next: Implementation


The Information Protocol should be included in all

contracts implementing BS EN ISO 19650

(but form of contract impacts how it is included)



Thank You & Questions

[email protected]; @Bim4Legal

May Winfield: [email protected]; @Buildlaw_Arttea

Simon Lewis: [email protected]; @Simonlewislaw

Andrew Croft: [email protected]; @Andrewiancroft