AU Class
AU Class
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Legal and Contractual BIM: A Ticking Time Bomb

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    Many AU attendees will have encountered, or be in the midst of, disagreements or even expensive disputes arising from BIM. Often, it gets to that stage because the contracts do not clearly set out the position on BIM or parties have (sometimes wildly) different expectations. There is no point having the perfect software system and perfect internal processes if a vague contract will lead you into an expensive, time consuming dispute anyway. We want to provide useful, practical suggestions to avoid this. Even with advanced BIM use, many contracts still contain vague obligations and undefined terms such as “The project will be delivered to BIM Level 2” or "Achieve BIM" and disputes are encountered as a result of incomplete or vague BIM documentation. The Winfield Rock Report, of which May was a co-author, set out the position in the area of legal and contractual BIM in the UK as at 2017/early 2018, and revealed the significant issues and need for progress. Things are however shifting, and May Winfield has been heavily involved in many of the recent positive upcoming developments and guidance documentation in this area within the UK. She will consider and explain the application and impact of these various upcoming guidance documents, including the legal section of the BS EN ISO19650 Guidance Framework and the JCT Practice Note on BIM, among others, and how this area is progressing.This talk is however not for UK residents only but for everyone encountering legal and contractual issues/risks in BIM (which is arguably, everyone using BIM). Applying her experience of BIM issues and documentation in Europe, UAE and the UK, May will discuss common risks to avoid, providing real life examples, and give practical tips to mitigate the remaining risks. There will also be some time for attendees to raise questions on the issues they have encountered, for a hands-on discussion on the way forward.

    Key Learnings

    • Reduce risk
    • Increase efficiency and risk management
    • Avoid unintended liability
    • Make more informed decisions relating to BIM processes and documents