This document provides an overview of a BIM agreement created by HKIUS for design consultancy and subcontracting work. The agreement aims to define the status of the BIM model, roles and responsibilities, and ensure collaboration between project team members. Key aspects covered include defining terms, obligations of team members, the employer's information requirements, the BIM execution plan, information exchange processes, BIM managers' roles, meetings, intellectual property rights, and various schedules. The agreement is intended to facilitate the implementation of BIM on projects and provide a contractual framework for collaboration.

1. HKIUS BIM Agreement
for Design Consultancy and
Sub-contract
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C K Ng
President, HKIUS

2. Construction is a technical matter
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3. Why we need BIM and new Contract?
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4. 1. UK - Latham(94)/Egan(98)/Farmer(2016)
NEC, IT (Modernise)
Construction Reviews
2. Singapore - Construction 21(1999)
Procurement methods, IT
3. HK - CIRC or Tang Report 2001
Construction Technique, IT

5. BIM in Principle and in Practice
published by Institution of Civil Engineers (ICE) 2014/5
 Ch 1 - Introduction
 Ch 2 - An overview of BIM
 Ch 3 - How BIM works
 Ch 4 - Incorporating BIM
 Ch 5 - Managing BIM
 Ch 6 - Design liability and
 Ownership
 Ch 7 - Contracts
 Collaboration
 New contracts
 Integrated Project Delivery
 Design and build (DBOT, DBOM)
 How will BIM be used in dispute
avoidance/dispute resolution
 Ch 8 - Insurance, liability and risk

6. What are the purposes of BIM Contract?
1. To give the BIM Model a status - contractual
2. To declare the contract a BIM-driven Process
3. To govern parties/people rather than model

7. BIM-driven Process
No BIM Model, project has
no direction
No BIM Contract, No obligation
to follow model
No BIM Contract, No obligation
to collaborate

8. Nature of Contract
 Traditional Contract
 Consequence vs. Poor Performance
 Penalty vs. Non-compliance
 Damage vs. Breach
 Negative
 Difficult to enforce 'Collaboration'
 Partnering / Dispute Resolution / NEC Contract
 Identify problems as soon as possible
 Resolve conflicts
 IPD/DB/DBOT/DBOM
 Collaborative
 Encourage cost effective design
 Positive

9. Nature of BIM
 Collaborative
 All will benefit from project, Win-Win
 Positive
Single source of true (SSOT)
Close to DB, IPD, Partnering

10. BIM and VO/Cost saving

11. BIM - All or Nothing
Hybrid
BIM
True BIM /
SSOT
VO 18.42% (100%)
VO 2.68% (15%)
VO 11.17% (60%)
2D
UK BIM Level 3
2D CAD drawings inherently
are full of discrepancies
(True BIM Process -
Design Alternatives,
Constructability, Sequence
(Time), Cost, Safety)
Perfectly matched drawings
i.e. SSOT
UK BIM Level 2

12. Architect
Landscape Architect
Owner
Piling Contractor
Contractor
BIM ManagerStructural
Engineer
Civil Engineer
Land Surveyor
Quantity
Surveyor (5D)
MEP Engineer
Programmer (4D)
Geotechnical
Engineer
BIM - Single Source of Truth

13. BIM vs.Contract
IPD/DB - Positive
Traditional
Contract -
Negative
Partnering
Dispute
Resolution
NEC
IPD
Pain/
Gain
Hybrid
BIM
True BIM /
SSOT
VO 18.42% (100%)
VO 2.68% (15%)
VO 11.17% (60%)
2D
UK BIM Level 3
UK BIM Level 2

14. Hong Kong CIC BIM Standard

15. BIM Model is Contractual

16. BIM Technology keeps evolving
(Refer to US and Europe latest publications)
3. BIM first, before hiring professionals
2. Information Exchange
1. BIM Organisation Structure

17. US BIM Guide for Owners
Issued in January 2017

18. US BIM Guide for Owners
Courtesy of National Institute of Building Sciences

19. Europe - Belgium BIM Guide
Courtesy of Liberty University of Brussels
Published in 2015

20. BBG - (1) Roles
Courtesy of Liberty University of Brussels

21. Current Contractual Arrangements

22. BBG - (2) Info Exchange
Courtesy of Liberty University of Brussels
Author Architect
Receiver Engineers
Expected
Content
¤ Preliminary study
¤ Design principle: modulation
¤ Geometric model
Author Facility Manager
Receiver Architect
Expected
Content
¤ Analysis of the preliminary design from an FM perspective
¤ List of suggested changes that can/should be made in the
design in order to avoid major flaws or errors in the building
operation stage
EXCHANGE D1.4
EXCHANGE D1.1

23. BBG - (3) BIM First
Courtesy of Liberty University of Brussels

24. When starting a BIM project using BIM the following
recommendations shall be followed:
BBG - (3) BIM First
A. The Owner appoints a BIM Process Manager
who is responsible for defining the information
exchange rules
B. The Owner, helped by the BIM Process Manager,
defines the aim and expected use of the Building
Information Model
1. Support collaboration during design only
2. Support collaboration during design and construction
3. Support collaboration including operation
C. The BIM Process Manager ... optimise the use of
the available information in the process
D. The Owner appoints the design team

25. Why HKIUS BIM Agreement?
 Current practice lays the responsibility to BIM Team;
however, BIM is a matter of all participants
 It is a multi-party agreement
 BIM Req/Spec are not applicable to Designers or Subs
 Designers refuse to attend BIM meetings
 Sub-contractors refuse to collaborate
 Contractor does not submit a reasonable BEP
 Late coming subs do not agree with previously agreed BEP
 Challenge the authority of BIM Manager
 Dispute the precedency of Model over drawings
 Fail to provide 3D information to others
 Reluctant to provide BIM information needed by others
 Designer do not accept responsibility of model created by
outsourced BIM consultant
 IP rights of designers and subs

26. BIM Implementation
BIM Contractual Framework
BIM Organisation Structure
CDE/dRecord
Information Exchange
BIM
Management
BIM
Collaboration
BIM
Modelling

27. Multi-Contract Project
BIM Contractual Framework
BIM Organisation Structure
PMIS/CDE/dRecord ---->
BIM Information Exchange
BIM
Management
BIM
Collaboration
BIM
Modelling
Digital
Construction

28. Architect
Landscape Architect
Owner
Piling Contractor
Contractor
BIM ManagerStructural
Engineer
Civil Engineer
Land Surveyor
Quantity
Surveyor (5D)
MEP Engineer
Programmer (4D)
Geotechnical
Engineer
Digital Construction

29. HKIUS BIM Agreement
Courtesy of Liberty University of Brussels

30. HKIUS BIM Agreement for
Design Consultancy and Sub-contract
Applicable for
1. Design Consultancy
2. Sub-contract
4. To define BIM Process
Purposes :
1. To define status of model
2. To define roles and responsibilities
3. To ensure collaboration

31. 2. Definitions and Interpretation
 Define all the terms used in this Agreement:
 BIM / Discipline Lead
 Project/Design/Construction BIM Manager
 BIM Meeting / Workshop
 Common Data Environment
 BIM Execution Plan
 Design / Construction Model
 LOD / BIM Uses
 Model Conversion Test
 Project Team Member - Arch, BS Eng, MEP Eng, Project
Scheduler, QS, LS, Programmer, FM, Utility Specialists etc.
 CSD / CBWD
 Information Exchange Protocol
 BIM Information Exchange Process Map
 Employer’s Information Requirement

32. 3. Implementation of BIM in Project
 Declaration of a BIM project
 set forth the basic framework of collaboration
 implement BIM pursuant to the “Employer’s
Information Requirement”
 Provide the contractual legal status to the
Model delivered
 “… any model delivered by the Project Team
Member pursuant to this Agreement shall fully
comply with the conditions set forth herein.”

33. 4. Conditions Precedent
 Set out the conditions for this Agreement to be valid. It
is important that:
 It supplements the Principal Agreement
 If the Principal Agreement is void, the BIM Agreement
can also be void
 Different designers and subcontractors
usually sign at different time. Handle
any discrepancy that may arise for late
comers by:
 Revise BIM Execution Plan
 Revise BIM Information Exchange
Process Map
 Establish IE Protocols
 Satisfy the “Model Conversion Test”

34. 5. Obligations of Project Team Members
 Appointment of BIM Lead
 works under Discipline Lead, responsible for communication
 Appointment of Discipline Lead
 responsible for design / construction
 responsible for the accuracy of the work
 responsible for BIM submission of his discipline

35. 5. Obligations of Project Team Members
 Further Obligations for:
 Arch/LA/Str/LS/GE/Civil - deliver, receive,
exchange model
 MEP/BS - CSD, CBWD
 Project Scheduler - model-based 4D scheduling
 QS - QTO, Measurement
 LS - Model for surveying, Update model
 FM - EIR, Collection of as-built BIM information
 Obligations of the Project Team Members
 Deliver & exchange Models
 Specify the LOD
 Manage CDE
 BIM Meeting (To be discussed in section 10)

36. 6. Employer's Information Requirement
 Transfer & record the details in EIR to BIM
Execution Plan or other construction documents
 Can modify EIR of the main contract here
 Annex the EIR in Schedule
 Objective, expectation, goals for the Project
 Implementation of BIM
 Approach & parameter

37. 7. BIM Execution Plan
 Annex the BIM Execution Plan (BEP) in Schedule
 BEP is most controversial. Currently, BEP is a post-
contract document/protocol/agreement
 Penn State U BIM Execution Plan
 BIM Goals
 BIM Uses
 Process Map
 Information Exchange
 Deliverables
 etc…
 For Design Consultancy and Sub-contract,
BEP is Client or Main Contractor's duty

38. 8. BIM Info Ex Process Map
 Current Process Map has no indication on IE
 Similar to Data Drop, but at every step not stage
 Key steps in the Process Map must associate with an
Information Exchange protocol

39. 9. BIM Managers
Clearly define the authority and obligations of different
BIM Manager
 Project BIM Manager
 Design BIM Manager
 Construction BIM Manager
Appointment, replacement, resignation etc…

40. 10. BIM Meeting
 BIM Meetings
 Co-location Workshops – not teleconference
 Big room concept
 BIM is a process, not just a model. That's why
attending BIM Meeting is a contract condition

41. 11. BIM Information Exchange
 Oversimplied Info Exchange - IFC
 Consider all graphic software formats (sketch?)
 Model Conversion Test
 Whenever there is any delayed submission, always
check the Information Exchange process
 Delay in passing information
 Design not finalised
 Not co-ordinated
 Inaccurate information
 Insufficient information
 Inappropriate format

42. 12. Quality of Models
 LOD must refer to a BIM Use e.g.
visualisation, 3D co-ordination
 Quality is related to BIM Use
 Model satisfactory for design may not suit construction
 Model satisfactory for 4D may not suit for 5D
 Same standard of quality as achieved in the Model
Conversion Test
“… Model Receiver shall reasonably be
expected to rely on the completeness,
accuracy and timeliness of such Models to
perform and discharge of its obligations and
liabilities for the Project.”

43. 13. Model Conversion
Requirements
 Purpose: to confirm the compatibility of the Model
with the current BIM system
 For crucial operation, it is better to
carry out a Model Conversion Test
 Information Manager

44. 14. Information System & Data Security
 Common Data Environment
 Access of the CDE by all Project Team Members for
the benefit of the implementation of BIM in Project
 Use of CDE: NOT granted other Project Team
Member any proprietary or other rights
 Restricting any unauthorized use

45. 17. Intellectual Property Rights
 Model Element Author owns the rights (US)
 Every party deems to have the right to use for the
project only (UK)
 Other considerations:
 Two MEP sub-contractors working at different floors
 Two consultants working for two railway stations
 The client provides model elements to designers, main
contractor, sub-contractors.
 Models from third party
 Use of model for another contract?
 Right of use ≠ Liabilities

46. 15. Amendments
16. Term and Termination
18. Indemnity
19. Confidentiality
20. Entirety of Agreement
21. Severability
22. Force Majeure
23. No implied waiver
24. Compliance with other Agreements
25. Survival
26. Third-party Rights
27. Governing Law
28. Dispute Resolution
BIM Agreement

47. Schedule A : Employment's Information Requirements
Schedule B : BIM Info Exch Process Map
Schedule C : BIM Execution Plan
Schedule D : Level of Development
Schedule E/F : Template of Info Exch Protocol
Schedule G : BIM Uses
Schedules

48. About the Agreement
 Welcome for comments and feedbacks
 For electronic copy, email info@hkius.org.hk
 or https://drive.google.com/open?id=0BxtCMjXG6AEDSjFEczk0QmUxcmc
 While every effort has been made to ensure the accuracy and quality of
information contained in the Agreement, the HKIUS, its members or agents will
take no responsibility for the use of the whole or part of the Agreement, nor for
any errors or omissions that it may contain.

49. End
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