ACEC Midwest States Conference June 3-5, 2010

BIM AND IPD: NEW DIRECTION, YOUR PROTECTION

James J. Scott Greensfelder, Hemker & Gale, P.C. St. Louis, Missouri

What’s BIM (or IPD) Got to Do with It

I've been thinking of a new directionBut I have to sayI've been thinking about my own protectionIt scares me to feel this way.

Tina Turner

What’s BIM Got to Do with It

The AEC industry is confused about what BIM really means and a much wider discussion is needed.

Entry on AECbytes

What’s BIM Got to Do with It

There are unresolved questions about BIM that have not been answered but should not prevent us from using BIM.

US Army Corps of Engineers

There are things we know, things we know we don't know, and things we don't know we don't know.

Donald Rumsfeld

Secretary of Defense

There is

Nothing

in standard contract formson BIM.

EJCDC C 7003.06 Electronic Data

the data furnished by Owner or Engineer to

Contractor. . . that may be relied upon are limited to the printed copies (also known as

hard copies). Files in electronic media . . . are

furnished only for the convenience of the receiving

party. Any conclusion or information obtained or

derived from such electronic files will be at the user’ssole risk.

There is

NOTHING

in the engineering registrationlaw on BIM.

20 CSR 2030-3.060 Licensee’s Seal(4) Plans, specifications, estimates, plats,reports, surveys, and other documents orinstruments shall be signed, sealed and dated. . .

(5) In the instance of one (1) licensee performingdesign for other licensees . . . each licenseeshall seal, date and sign those documents. . .

(6) The signing and sealing of plans, specifications,estimates, reports and other documents. . . not prepared by the licensee or under his immediate personal supervision is prohibited.

We are beginning to see

Something

on BIM in a few contracts..

Recent BIM Contract Provision

The Architect agrees that . . . the Construction Documents for the Project shall be created in a digital Building Information Model ("BIM").

The protocols . . . for the various Models . . . shall be as provided in the ConsensusDocs 301 BIM Addendum (2008 ed.), as it may be amended (the parties) . . .

the Architect, Owner and Contractor shall formulate a BIM Execution Plan . . . within thirty (30) days of the retention of the Contractor.

BIM is being addressed in

Some

of the new contract forms.

New Standard BIM Contract Forms

AIA-E202, BIM ProtocolModel ElementsNo Ownership Rights are TransferredLimited Reliance

ConsensusDocs 301, BIM AddendumMaintains Traditional Roles of O, AE and CEmphasis on Management of ModelsBIM Execution PlanEach Party Responsible for its Contribution

AIA A295Integrated Project Delivery

O, A and C select software and establish protocols

Design is integrated into Model

Model is used “to the greatest extent practicable”

A is responsible for integration and coordination of Model

Recommended Actions

Participate in the Industry Discussions.

Address the Issue in your Contract.

Stay tuned.

What’s IPD Got to Do With It

Integrated-Project-Delivery Boosters Ignore Many Flashing Red Lights (ENR, 5/5/10)

Don’t try with strangers. New risks replace old ones. Beware of waivers of claims. Open your books. Lengthy contract negotiations. Share any profits. Untested multiparty contracts.

There are

Many

new contracts for IPD.

IPD Contract Forms

AIA Document A195-2008– Standard form of Agreement between Owner and Contractor for

Integrated Project Delivery

AIA Document A295-2008– General Conditions of the Contract for Integrated Project Delivery

AIA Document B195-2008– Standard form of Agreement between Owner and Architect for

Integrated Project Delivery

AIA Document C195-2008– Standard form Single Purpose Entity Agreement for Integrated Project

Delivery

ConsensusDOCS 300-2008 -- Standard Form of Tri-Party Agreement for Collaborative Project Delivery

All

of these are untested.

Consensus DOCS 300

Tri-party agreement for collaborative project delivery

Integrated approach to design and construction

Owner/Designer/Constructor

Collaborative design and construction

Common management group

Consensus project decisions

Common target costs

Group decisions carry no liability

Incentives and risk sharing

Collaborative dispute resolution

How is IPD Working?

Two Views

Art Gensler

IPD is almost all hype.

AIA

IPD . . . frees parties from the processes that often weigh a project down. It allows for creativity and innovation . . . avoiding a ‘one size fits all’ formula . . . (it) finds solutions unique to the specific building issues.

Jonathan Cohen, FAIA

AIA Study of IPD Projects

Owners: improved cost control, less litigation, enhanced business outcomes.

Contractors: stronger project pre-planning, timely and informed understanding of design, ability to resolve design-related issues through participation in design process, construction sequencing improved, and improved cost control and budget management.

Design Professionals: more time for design, reduced documentation, sharing of risk and reward, improved cost control and budget management.

Collaborative Delivery Works

• Higher rate of success achieving sustainability goals with collaborative delivery and use of QBS.

• Based on percentage of projects achieving original LEED goal or higher, CMAR was highest at 94% (Design-Build was 82% and Low Bid was 77%) and QBS was highest at 95% (Best Value was 87% and Low Bid was 78%).

Molenaar, Gransberg, et al., September 2009

Recommended Actions

• Be Selective.

• Know Your Partners.

• Know the Project Niche.

• Know the Contract.

• Stay Tuned.

What’s BIM or IPD Got to Do with It

Many ???

remain to be answered.

Additional Resources

COE BIM Requirements

https://rfpwizard.cecer.army.mil/HTML/docs/refs/attachmentF.pdf

CMAA – Managing Integrated Delivery

http://cmaanet.org/files/shared/ng_Integrated_Project_Delivery__11-19-09__2_.pdf

AIA IPD Case Studies

http://www.aia.org/aiaucmp/groups/aia/documents/pdf/aiab082051.pdf

Thank you.