information protocol guidance€¦ · email: may.winfield@burohappold.com • construction lawyer...

www.ukbimframework.org | @UKBIMFramework

Information Protocol Guidance

Simon Lewis May Winfield

May WinfieldHead of Commercial and Legal: Cities and Digital, Buro Happold

Twitter: @Buildlaw_Arttea

Email: may.winfield@burohappold.com

• Construction lawyer of over 17 years experience

• Specialist in BIM and construction technology

• Spoken on construction technology worldwide

• Chair of BIM4Legal

• BSI Committee member of ISO 19650 Transitional Guidance

• Core Team Member of 4D Construction Group

• Member of CDBB Digital Twin Roadmap Working Group

• Member of CDBB DT Toolkit Working Group

• Co-author of JCT 2019 Practice Note on BIM

• Co-author of ISO19650-compliant BIM Protocol

• UK BIM Alliance Ambassador

Simon LewisPartner and Head of Disputes, Construction & Engineering Team,

Womble Bond Dickinson (UK) LLP

Twitter: @Simonlewislaw

• Procurement for Interoperability Work stream lead, BIM

Interoperability Expert Group

• Vice Chair, BIM4Legal

• Co-author, BS EN ISO19650 Information Protocol

• Member of Working Group, PAS1192-5

• 30 years’ experience in dispute resolution in the construction

sector

Explains:

Information

Particulars

Who and What

All documents relevant to the Parties

Some may not be relevant (e.g. TIDP)

Update/Complete over time

Clears Up Confusion:

Are You A or B AND

Are you C, D or E

A. Appointor (doing the appointing/paying)

B. Appointee (getting appointed/paid)

C. Appointing Party

D. Lead Appointed Party

E. Appointed Party

Clarifies:

Note: This presentation is not legal advice & specialist advice should be obtained on any matters

FOR DELIVERY PHASE COMPLIANT WITH ISO19650-5

APPOINTMENTS BETWEEN SEPARATE LEGAL ENTITIES

www.ukbimframework.org | @UKBIMFramework

Appointment-agnostic Good for standard forms, bespoke, two-party, alliancing and multi-party

See Guidance: one simple clause to ensure

clarity if used for a multi-party appointment

Reminders:

Note: This presentation is not legal advice & specialist advice should be obtained on any matters

THIS IS A TEMPLATE!

DO NOT USE FOR OPERATIONAL

PHASE

INCORPORATION CLAUSE AND

INCLUDE AS PART OF APPOINTMENT

DOCS

GET PROFESSIONAL

ADVICE

Tidies up

terminology

and language

And adds pretty

useful graphics

EXAMPLE

The Project – Guilder House

The Project – Guilder House

•Appointment – bespoke collaborative contract

•Appointing Party/Appointor – Florin Developments

•Lead Appointing Party/Appointee – Westley Construction

•Appointee – Montoya Steelworks

•Appointee – Rugen M&E

•Appointee – Vizzini Architects

Front sheet – Information Particulars

•Complete the Information Particulars

•Add new clause 1.8 and amend clauses 13.1 and 13.4 to reflect multi-party protocol and Appointment

Florin’s obligations as AP/Appointor

•Information Particulars

•Security

•CDE Solution and Workflow

•Information Management

Florin’s obligations as AP/Appointor

•IP and licenses

•Capture lessons learned

Obligations of the LAP/Appointees

•Appointees are Westley, Montoya, Rugen and Vizzini

•Obligations in respect of information management/BIM (amongst other things) are owed to Florin in accordance with the terms of their individual appointments

•All individual appointments are contained within the Appointment

•The Information Particulars identify where the documents relevant to their obligations (eg BEP, MIDP, TIDP etc) can be found

Obligations of the LAP/Appointees

•Risk

•Security

•Information management and delivery

Obligations of the LAP/Appointees

•CDE Solution and Workflow

•IP rights and licenses

•Help capture lessons learnt

Q&A

• BIM4Legal: bim4legal@gmail.com; @Bim4Legal

• May Winfield: may.winfield@burohappold.com; @Buildlaw_Arttea

• Simon Lewis: simon.lewis@wbd-uk.com; @Simonlewislaw

www.ukbimframework.org | @UKBIMFramework

Website: https://ukbimframework.org/standards-guidance/

Email: info@ukbimframework.org

Twitter: @UKBIMFramework

Guidance Feedback: guidancefeedback@ukbimframework.org

More information