information protocol guidance€¦ · email: [email protected] • construction lawyer...
TRANSCRIPT
www.ukbimframework.org | @UKBIMFramework
Information Protocol Guidance
Simon Lewis May Winfield
May WinfieldHead of Commercial and Legal: Cities and Digital, Buro Happold
Twitter: @Buildlaw_Arttea
Email: [email protected]
• Construction lawyer of over 17 years experience
• 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 CDBB DT Toolkit Working Group
• Co-author of JCT 2019 Practice Note on BIM
• Co-author of ISO19650-compliant BIM Protocol
• UK BIM Alliance Ambassador
Simon LewisPartner and Head of Disputes, Construction & Engineering Team,
Womble Bond Dickinson (UK) LLP
Twitter: @Simonlewislaw
• Procurement for Interoperability Work stream lead, BIM
Interoperability Expert Group
• Vice Chair, BIM4Legal
• Co-author, BS EN ISO19650 Information Protocol
• Member of Working Group, PAS1192-5
• 30 years’ experience in dispute resolution in the construction
sector
Explains:
Information
Particulars
Who and What
All documents relevant to the Parties
Some may not be relevant (e.g. TIDP)
Update/Complete over time
Clears Up Confusion:
Are You A or B AND
Are you C, D or E
A. Appointor (doing the appointing/paying)
B. Appointee (getting appointed/paid)
C. Appointing Party
D. Lead Appointed Party
E. Appointed Party
Clarifies:
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
FOR DELIVERY PHASE COMPLIANT WITH ISO19650-5
APPOINTMENTS BETWEEN SEPARATE LEGAL ENTITIES
www.ukbimframework.org | @UKBIMFramework
Appointment-agnostic Good for standard forms, bespoke, two-party, alliancing and multi-party
See Guidance: one simple clause to ensure
clarity if used for a multi-party appointment
Reminders:
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
THIS IS A TEMPLATE!
DO NOT USE FOR OPERATIONAL
PHASE
INCORPORATION CLAUSE AND
INCLUDE AS PART OF APPOINTMENT
DOCS
GET PROFESSIONAL
ADVICE
Tidies up
terminology
and language
And adds pretty
useful graphics
EXAMPLE
The Project – Guilder House
The Project – Guilder House
•Appointment – bespoke collaborative contract
•Appointing Party/Appointor – Florin Developments
•Lead Appointing Party/Appointee – Westley Construction
•Appointee – Montoya Steelworks
•Appointee – Rugen M&E
•Appointee – Vizzini Architects
Front sheet – Information Particulars
•Complete the Information Particulars
•Add new clause 1.8 and amend clauses 13.1 and 13.4 to reflect multi-party protocol and Appointment
Florin’s obligations as AP/Appointor
•Information Particulars
•Security
•CDE Solution and Workflow
•Information Management
Florin’s obligations as AP/Appointor
•IP and licenses
•Capture lessons learned
Obligations of the LAP/Appointees
•Appointees are Westley, Montoya, Rugen and Vizzini
•Obligations in respect of information management/BIM (amongst other things) are owed to Florin in accordance with the terms of their individual appointments
•All individual appointments are contained within the Appointment
•The Information Particulars identify where the documents relevant to their obligations (eg BEP, MIDP, TIDP etc) can be found
Obligations of the LAP/Appointees
•Risk
•Security
•Information management and delivery
Obligations of the LAP/Appointees
•CDE Solution and Workflow
•IP rights and licenses
•Help capture lessons learnt
Q&A
• BIM4Legal: [email protected]; @Bim4Legal
• May Winfield: [email protected]; @Buildlaw_Arttea
• Simon Lewis: [email protected]; @Simonlewislaw
www.ukbimframework.org | @UKBIMFramework
Website: https://ukbimframework.org/standards-guidance/
Email: [email protected]
Twitter: @UKBIMFramework
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More information