bim and ipd
TRANSCRIPT
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.