BIM, ECI, collaborative working and joint risk management—pieces of a jigsaw? (2018) 29 10 Cons.Law 24 [Archived]
BIM, ECI, collaborative working and joint risk management—pieces of a jigsaw? (2018) 29 10 Cons.Law 24 [Archived]

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • BIM, ECI, collaborative working and joint risk management—pieces of a jigsaw? (2018) 29 10 Cons.Law 24 [Archived]
  • The aims
  • Procuring BIM—considerations?
  • A lack of clarity
  • Multi-party contract?
  • ECI, BIM, risk sharing and unintended consequences
  • Contracts and collaboration
  • Conclusion

ARCHIVED: This Practice Note has been archived and is not maintained.

This article appears as originally published in Construction Law on 1 December 2018.

Asad Chaudhri of Turner & Townsend identifies a lack of clarity in the guidance offered in the Construction Industry Council's BIM Protocol and warns that some BIM 'solutions' might have unintended consequences.

Key Points

  1. Collaborative contracting may enhance the productivity of the design and construction process

  2. BIM is a process, not a panacea—it requires complimentary 'solutions' in order to effectively manage and mitigate risks in construction projects: early contractor involvement, joint risk management processes and collaborative procurement forms are complimentary 'solutions'

  3. Use of a 'solution' may have unintended consequences and could cause new problems if used without care and attention

  4. Some changes made in the second edition of the Protocol are welcome but there is still a lack of clarity in the guidance

The collapse of Carillion and Dame Judith Hackitt's Independent Review of Building Regulations and Fire Safety following the Grenfell disaster highlighted contributions of procurement practices to the problems in construction ((2018) 29 6 ConsLaw 1).

The problems in construction are well-known—frequent insolvency, inadequacy of health and safety (H&S) measures, normalisation of time and cost overruns and a high frequency of disputes—caused by fragmentation, contractual misunderstanding and a failure to administer it properly.

Delineation of responsibilities, a rejection of traditional,