When embedding BIM requirements within contracts, there are areas to consider to ensure the BIM requirements are recognised within the contract. Each public body should seek appropriate advice when including BIM requirements within contracts. Areas to consider include:-

Compliance with Scots Law

The BIM Level 2 components are largely compliant with Scottish procurement and law and so limited changes are required. The following suggested changes should be considered to align with public contracts delivered within Scotland.

PAS 1192-5 2015 – Specification for Security Minded BIM, Digital Built Environment & Smart Asset Management

• Amendment 1 – Scottish Public Authorities are covered by the Environmental Information Regulations (Scotland 2004). Section 13.1.3 of the standard should be updated accordingly.
• Amendment 2 – The Re-use of Public Sector Information Regulations have been replaced. Section 13.1.10 of the standard should read “Re-use of Public Sector Information Regulations 2015”

EIR – Core Content & Guidance Note

• Amendment 1 – Reference to “CDM Co-ordinator” to be replaced with “Principal Designer” because of the CDM regulations.

Existing Standard Form Provisions

The existing industry standard forms of contract are evolving in response to the growing use of BIM within contracts. The guidance contained within this portal reflect the position of industry contracts as of December 2016. Please refer to the existing contract provision section for a detailed summary of the key contracts.  (Link)

BIM Protocol Consistently Applied Across the Contract

Whichever BIM protocol is used, it is essential that all parties in the project have the protocol incorporated into their contracts/sub-contracts in order for all deliverables to be aligned. Any changes to the protocol other than in the appendices (where contract specifics are contained) must be replicated consistently across all contracts/sub-contracts.

Priority of Terms within Contracts

When embedding BIM requirements within contracts, it is important that consideration is made to where these BIM Protocol reside within the contract as this may affect the priority of terms should the protocol conflict with another provision of the contract.

1. In JCT Design & Build 2011 if the protocol is contained within the Employers Requirements thien it would be subordinate to any conflicting terms of the Articles of agreement and the conditions of contract unless amendments are made.
2. The CIC BIM Protocol contains an express provisoin that the protocol shall take priority over any conflicting provision of the underlying contract. Without spefici amendments, this creates an issue for interpretation of priority in the event of a conflict within provisions elsewhere within the JCT contract.