The Building Information Council (Bouw Informatie Raad, or BIR) promotes widespread application of BIM in the Dutch construction and infrastructure industry. BIR is a unique partnership between various stakeholders in the construction industry, where the members represent both their construction industry segment and their own company. They make practical agreements that are in the interests of the entire industry and ensure these are implemented within their own segment. The partnership focuses on implementing BIM to strengthen the quality, continuity and competitive position of the Dutch construction and infrastructure industry. The resources cotained on the website help to accelerate the development and adoption of BIM within the Netherlands.

This second part leaflet looking at the legal aspect of BIM forms a checklist for projects. This checklist (how to work together with/in a BIM) shows topics about which agreements can be made in the context of BIM. The topics in this checklist are derived from BIM protocols used in the market, combined with topics that have emerged from practice (in particular Pioneering’s BIM protocol 2.0). For a project where BIM (at least from BIM level 2) will be used – in whatever project phase – it is advisable to go through the checklist below in a start-up meeting about the BIM deliverables to be made to date.

https://www.bimloket.nl//documents/Kenniskaart_4B_-_BIM_juridisch_checklist_werkafspraken.pdf

The global Industrial Revolution 4.0 (IR4.0) calls for Malaysian Construction Industry to transform their current approaches and practices in order to contribute significantly to the nation’s economic prosperity. IR4.0 will transform the Malaysian Construction Industry from intensive labour force-based industry to the use of automation and mechanisation to improve productivity and efficiency. The process involves optimising the conventional construction process towards Construction 4.0 through the application of advanced technologies. The introduction of BIM has helped transform the conventional construction process into an innovative delivery model. BIM requires specific legal and contractual requirements. In Malaysia, an increasing number of projects have started to use BIM at various levels since early 2000, however, contractual arrangements still remain conventional. To meet BIM requirement, the legal and contract terms should consider to be extended to digital construction production processes (model, data and information).

This document highlights the Legal & Contractual implications of BIM encountered by the Malaysian construction industry. Therefore, suggestions for improvement to accommodate Construction 4.0 are proposed. This document is designed to aid the stakeholders to embrace Construction 4.0 by addressing the challenges and proposing strategic outcomes. It should be read as the motivation to reform the Malaysian industry, thrusting the industry into Construction 4.0. This document provides the framework by categorising the case for change, where it currently is, where it wants to be and how it gets there? Leveraging on the legal and contractual issues of BIM implementation, this document suggests appropriate and specific action plans to drive the Malaysia Construction Industry productivity and efficiency towards Construction 4.0.

https://mybim.cidb.gov.my/download/bim-legal-contractual-requirements/

This freely accessible document was published under the ‘Building Trust in Digital’ workstream of the Digital Building Transition Plan (PTNB). It was developed by digital construction specialists and uses an automated form to support the preparation of BIM agreements.

Published in Word or Excel, it covers all the sections to be developed in a BIM agreement and offers a questionnaire to help draft the sections, so they are appropriate to the project. Processes common to all BIM projects are also included. To create a bespoke agreement, the BIM management team only has to complete the fields indicated with the characteristics of their project.

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This Decree establishes the National Strategy for the Dissemination of Building Information Modelling in Brazil – BIM BR Strategy (Estratégia BIM BR), with the purpose of promoting an adequate environment for investment in BIM and its dissemination in the country. The document gives terms of reference for the Strategy, details its objectives, its actions, and the Management Committee representatives (from various Ministerial departments), among other information. The Management Committee will be advised in the execution of their powers by the Technical Group.

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The Ministry of Sustainable Infrastructure and Mobility (Ministero delle infrastrutture e della mobilita’ sostenibili) is the executive structure for infrastructure and transport of the Italian State.

The Minister of Infrastructure and Transport has adopted this Decree, which defines the methods and times for the gradual introduction – by contracting authorities, granting administrations and economic operators – of the mandatory nature of specific electronic methods and tools, such as modelling for construction and infrastructures. This will impact the design, construction and management phases of the works and related checks.

The Decree was subsequently modified by Ministerial Decree number 312 on 2nd August 2021.

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The Swedish Transport Administration (Trafikverket), in collaboration with industry players, has developed guidelines for the law regarding digital deliveries in design‘ and created contracts for multiple construction project types. Two conditional appendices can be attached to existing assignment contracts to help establish the legal landscape for the adoption of BIM.

This website contains several PDF documents that can be downloaded and used to apply BIM into the contractual requirements of a project. In the terms and conditions annexes, the parties can regulate, among other things, the right of use of and responsibility for the digital information and can also give it a legal status to be equated with descriptions according to the contract documents.

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The purpose of the EU procurement rules, underpinned by the Treaty principles, is to open up the public procurement market and to ensure the free movement of supplies, services and works within the EU. In most cases they require competition. The EU rules reflect and reinforce the value for money (VFM), focus of many new procurement policies. This requires that all public procurement must be based on VFM, defined as “the best mix of quality and effectiveness for the least outlay over the period of use of the goods or services bought”, which should be achieved through competition, unless there are compelling reasons to the contrary. This Directive (Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC – Text with EEA relevance) establishes rules on the procedures for procurement by contracting authorities with respect to public contracts as well as design contests, whose value is estimated to be not less than the thresholds specified.

The European Public Procurement Directive includes encouragement for BIM in the procurement of public works to support the modernisation of procurement processes, improvements to cost efficiency of public funding and to increase consideration for whole-life costing in public works. The Directive establishes the need to use software (media data and tools to model the building) in processes for contracting construction work, services and supplies. Among other effects, it is expected that there will be different levels of electronic information and that evaluation of offers in procurement should take the full asset’s lifecycles into consideration rather than focusing only on direct costs, in line with the BIM objectives.

The Directive is available in 23 languages.

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This BIM protocol for infrastructure projects has been drawn up using the Belgian BIM protocol, prepared by the BIM & ICT Technical Committee of the Belgian Building Research Institute (BBRI) as a starting point. This version of the BIM protocol is a publication of the Roads and Traffic Agency (Agentschap Wegen en Verkeer, AWV) and aims to provide general guidelines for a BIM-orientated cooperation for all parties. In addition to the expectations regarding BIM in infrastructure projects, this BIM protocol also explores the responsibilities of each party and the course of the information exchange throughout the BIM process. The requirements and specifications in this protocol apply to any BIM collaboration with AWV as contracting authority, for both the study phase and the implementation phase of infrastructure projects.

With this BIM protocol, all parties commit to using BIM for project collaboration and organisation. This means that the exchange of models under the collaboration will take place according to the agreements from the BIM protocol and the BIM execution plan. This implies a willingness to use the methods and agreements that comply with the BIM protocol and BIM execution plan, according to the listed tasks and responsibilities. The BIM protocol is a generic document that records the general BIM operation during study and implementation. It is valid for projects in which BIM-oriented work is carried out. Because the BIM protocol follows the BIM principles for both study and performance, not all chapters may be applicable to every project.

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In order to promote the emergence of BIM in Belgium and to harmonize its implementation in projects, the Belgian Building Research Institute (BBRI) has developed, in collaboration with the BIM Cluster (a collection of industry organisations), the Belgian BIM protocol and execution plan (protocole et plan d’exécution BIM belges). These apply to building projects and are available in French and Dutch. They are the result of the collaboration of experienced construction professionals from various fields, as well as professional federations and organisations such as Confédération Construction, Bouwunie, NAV (Netwerk Architecten Vlaanderen) and ORI (Engineering and Consulting Offices).

The use of BIM in a construction project requires close collaboration between the different partners, which relies on good communication and clear agreements. These are defined and gathered in a BIM protocol and a BIM execution plan. In order to help the project’s partners to draft these documents in a coherent manner, the Belgian Building Research Institute (BBRI) has drawn up, in collaboration with industry, a series of reference documents. The general template and the guide that accompanies it will serve as a common basis for all BIM projects – even if adaptations are made according to the specificities of each project.

Read the Protocol