Speaker 1 00:00:00 Hi all Jacob Austin here from QS.Zone. And welcome to episode 83 of The Subcontractors Blueprint, the show where subcontractors will learn how to ensure profitability, improve cash flow and grow their business. Today's episode is about BIM and the use of BIM protocols to manage the design process. And we're going to do that with reference to the SIC BIM protocol. If you're a subcontractor who's ever been told we're doing BIM level two on this project, just follow the protocol and then you find yourself handed a few thousand word document with lots of references to different processes, specified information and responsibility Disability matrices. You'll know how daunting that can feel. But don't worry, by the end of today's episode, you'll understand the basic structure of the SIC BIM protocol, why it matters, and some common pitfalls to watch out for when you're signing up to it as part of your construction contract. We'll walk through some of the key clauses and how it's supposed to sort of plug in to your existing contract with some quick pointers on navigating the protocol in practice, especially regarding things like intellectual property, your liability, and collaborative processes like a common data environment.
Speaker 1 00:01:36 So let's start with the basics. Why and what is a BIM protocol. So the BIM protocol was first introduced by Construction Industry Council CIC in 2013 to support the government's BIM strategy for publicly funded projects. At that time, everyone was talking about BIM level two, and the protocol was there to give us a standard legal means to align multiple contracts under a consistent way of working. And as a subcontractor, you'll often see this protocol appended to your subcontract for the work. And it's part of the push to ensure that all parties the client, main contractor, subcontractors and consultants follow consistent information management processes. The ultimate goal is fewer mistakes, better coordination and clearer digital collaboration across the project. The protocol adds contractual obligations relating to how you produce, share and use specified information and project information. It sets out rights that you and the employer have to use each other's BIM related outputs, which is like the intellectual property and liability for digital data. It identifies what each project participant must provide in terms of their deliverables, and is often tied to a BIM responsibility matrix, which is one of the appendices to the protocol, and it can also incorporate security requirements if the project needs it.
Speaker 1 00:03:07 So this protocol document is essentially an addendum to your subcontract. So let's have a look at how it's structured and some of the big clauses that might matter to you as a subcontractor. So the document itself is written like it's a mini contract. And it calls for certain appendices to be added to it, which include the BIM responsibility matrix, specified information that should be produced, the level of information required, and a BIM execution plan amongst others. Those are all documents that you'll find added to the bottom of the BIM protocol, and the protocol itself contains a number of clauses, not all of which we're going to run through to avoid you falling asleep or maybe pulling your own ears off to make it stop. But there are some important clauses, the first of which is the priority of the protocol, which is clause 1.4. This is big, and it's important to understand what it means in the context of your subcontract, because this clause says that the BIM protocol will prevail over other parts of the agreement, and it says that agreement is the agreement between you and your employer, which suggests, on the face of it, that the BIM protocol is the most important document in your subcontract.
Speaker 1 00:04:20 But what you're likely find is that your subcontract elsewhere tells you what the priority of documents is. So it's worth clarifying with your contractor exactly what they intend this clause to do, because the standard practice is that your main subcontract takes precedence over everything, and then appendices to that contract may well take precedence over each other, but none of them should take precedence over the original appointment document. What the issue may be is that various different appendices to your subcontract could be claiming to be the most important document, and that they should take precedence over everything else, this being a prime example. So it would be sensible for the contractor to set out an order of precedence to establish where this protocol sits, because clauses like 1.4 can heavily influence the outcome. If there's something contradictory elsewhere in your agreement, and in order to avoid arguments which can prove costly if it has to go all the way to court, say, then it's better to try and iron out these inconsistencies up front. Moving on to clause two. This explains that as part of the project team, you must attend coordination meetings related to BIM and that any conflicts or inconsistencies discovered in the project information should be flagged so that parties can resolve them, often with the employer's own information manager or relevant design lead.
Speaker 1 00:05:43 This puts a clear obligation on you to actively engage in the coordination process, not just passively, to receive instructions. So if your contract says you need to attend weekly coordination meetings, for example. You can't just skip them without risking breach of your subcontract. Then clause three. This section is reassuring because it ensures the employer must keep the protocol consistent across all project agreements. They also have obligations to maintain the project standards, methods and procedures such as the common data environment you'll be expected to use, and to ensure that everyone has the technology and access needed to comply. They must also periodically update you with any new revisions to the BIM execution plan or employer's information requests, and they may regularly do that to introduce new designers, one of which might be selves as a key subcontractor. Clause four introduces the obligations of the project team members. This is the heart of what you must do. It says that you've got to produce the specified information, and specified information comes up a lot throughout the document, but it always refers you back to the responsibility matrix.
Speaker 1 00:06:58 That's one of the appendices, usually appendix one, which should be a well drafted and well considered list of all the bits of information, along with a tick list of who that information is produced by. Occasionally it can be in the form of like a RACI schedule saying who's responsible for producing that information, who might rely on it, who might be informed by it, who needs to check it. So to keep clause for short and sweet, it doesn't actually list out what you as the supplier or subcontractor must actually do. Instead, it refers you to the more detailed responsibility matrix. Clause four tells you also to share that information via the CD process at the correct level of definition and during the right project stage. So in essence, at the right time, you've got to get your information produced and uploaded to the common environment. There can be an easy pitfall for you to fall into here. By not realizing just how many tasks or workflows you're signing up for. If your scope is heavy on design, for example, if you're part of the mechanical and electrical team for a project, you might be obligated to develop a certain level of detail in your BIM model by a specific deadline and missing those deadlines, or failing to do it properly with your upload to the common environment.
Speaker 1 00:08:17 You can be in breach of your subcontract requirements. You can also start causing material delay to the project. All of that can mean costs. So the word to the wise is to check that delivery matrix and make sure you can achieve it before you sign up to your subcontract. And if you've already signed up to it, well, you better stick to what it says. Clause five is about electronic data exchange. This part of the contract clarifies that software compatibility issues aren't your liability, as long as you follow what the protocol says. It also says you've got no liability for data corruption that happens after you shared your model. That is unless you incorrectly caused the original corruption. So this is where the contract is mitigating. The risk of so-and-so changed my model, and he's messed it all up because it clarifies that each party is responsible for data integrity of their own making. So if you get your own data wrong, that's on you. If you mess up someone else's data, that's also on you. But if somebody else messes up your data, then it's on them.
Speaker 1 00:09:26 And all of this can be checked because there is a complete and thorough log of absolutely everybody that logs on and does anything whatsoever in the common environment. If you fart whilst you're uploading a drawing, there'll be a record of it. But because of that record, there can be no argument about who's done what. Use of information is covered by clause six. This is all about intellectual property and licensing. There is a worry about handing over your design information and giving away your intellectual property. So what this clause is trying to do is give the employer and other people involved in the project a non-exclusive license to use your data for the purposes it was intended, so they can't go off hawking it around the marketplace and saying, I've got a really good solution for X and Y, but they can use it to collaborate and build the building that you're working on. Similarly, you get a license to use elements of information from others, but certain information and certain modifications might require consent, and that might be consent from you if they're going to modify something, or you might need consent from others for the same.
Speaker 1 00:10:40 This is trying to give the members of the project the ability to rely on your data, but limiting your liability if they modify it or start misusing it for something beyond the project scope. Moving on. Appendices one, two and three. Now, if somebody is using the CIC model, then it's quite clear what should be included under each of these appendices. So typically appendix one will be the responsibility matrix. This lists who creates what models and at what level of definition. So each trade might have tasks like provide drainage BIM model level of detail X by stage three. And what this is essentially doing is mapping out who does what and by when. So critically, you need to review this upfront and understand exactly what you need to provide so that you can resource appropriately to get that done. Appendix two this is your information particulars. This is usually got references to the employer's information requirements and the BIM execution plan. It also includes reference to particular standards, methods and perhaps the clash resolution process to be followed. And this is where you're likely to see references to things like paths 1192.
Speaker 1 00:11:58 Annoyingly, this is a separate document produced by the British Standards Institution. And surprise, surprise, there are three sub documents to it which you'll be expected to comply with, and this is a bit of a best practice guide for developing and organising information for the construction industry. This is the design equivalent of casually throwing in that you must comply with all of the NBK regulations. There's a fair bit to wade through, but a competent designer will already have a handle on these kind of requirements, and all that you really need to do is keep abreast of the changes that happen to them. Of course, employing somebody competent will help as well. Appendix two is also where you're going to check for how different software formats are handled, how you're allowed to amend or modify data, and how conflicts in the employers information requirements and that BIM execution plan get resolved. Appendix three is the security requirements. This can be stated as not used, in which case security clauses effectively don't apply. If it is used, then it should detail the security processes you've got to follow for certain sensitive information.
Speaker 1 00:13:11 So that might be a special encryption method. Restricted site access and destruction of sensitive data. At the end of the project, with a particular process to go about how you do that, there can be serious ramifications for data handling. So it's really important that you understand this. And it will typically apply to things like government buildings, defence projects or even private developments that will house some kind of industry leading technology. And if there's one thing that is likely to get you sued, it is leaking sensitive information. So please pay close attention to what you've been asked to do and make sure you comply with this one. Now, the BIM process is incredibly useful and it's really collaborative, but it can also be really rigid. You've got dates, you've got a detailed schedule of information. You've got security and other rules and restrictions. Remember that this process has been spearheaded by the government and encouraged in the marketplace by throwing government money into buildings that are using it. So all of these procedures have likely had government think tanks pouring all over them to try and think of every eventuality.
Speaker 1 00:14:29 And whilst that's all done with the best intentions, it can be a little bit stifling and it puts a lot of onus on the people producing the information to get it right, to file it right, to name it right first time. So let's look at a few common pitfalls. First off, just understanding the workload involved. It can be a big trap, not realizing the extra design or the coordination tasks that the protocol imposes. If, say, as an M&A designer, your standard subcontract includes some design development, the protocol probably expects you to produce a fully detailed 3D model with a specified level of detail by a given date. You can see straight away the heavy lifting involved in that. In comparison, you probably needing specialized software training, or you're just going to sublet the whole thing to somebody else. So this is where you need to make sure your price and your time scales reflect all of that. Ignoring what the protocol means to your terms and conditions and your liability. As I mentioned earlier, clause 1.4 sets out the hierarchy that they intend sits over and above everything else.
Speaker 1 00:15:44 Now that won't be the case unless it clearly says so in your lead subcontract, but it possibly will do. After all, design is one of the most important parts of the construction process. If the design is flawed, it gets a lot trickier to build it or it may fall down and burst into flames. But the issue here is if you rely on certain disclaimers about design liability or you caveat the subcontract to limit your liability. But the protocol says you must exercise skill and care to a certain standard in your model. So there's a potential conflict here and one that might expand your liability. So this is where you need to challenge and understand what the hierarchy is and request amendments, if necessary, in the right places so that that conflict goes away. Clause six that we mentioned earlier can be confusing if your scope includes detailed design, you need to ensure that you understand the permitted purpose concept, the employer can use your model for the project, and under certain circumstances, they can use elements of it to inform, say, an extension.
Speaker 1 00:16:56 But this is only if they reuse that design correctly. What they can't do is then start building another job with it. And this is the place to confirm your liability for exactly that. Then you've got issues with the common data environment. You've got obligations for how you name your information, for how you tag certain assets, for when you share specified information. And these deadlines and details are really important. It can't be done haphazardly because absolutely everything, as I mentioned before, can be tracked. This makes it really easy for you to be hammered for delays and perhaps rework or resolving clashes because they've not had the model on time. So you really need to be religious about how you implement the KD CD process. You also can't overlook those security clauses that we mentioned earlier. It is one surefire way to get yourself sued, but it's also going to mean termination, potentially, of your subcontract. This is a whole world of pain that it doesn't bear thinking about. So this is one to read, understand, read it again and make sure you understood it properly.
Speaker 1 00:18:07 Finally, some practical tips on implementing the protocol. Before we wrap up for today. Firstly, get familiar with the terms understand specified information, proprietary material, projects information, etc. each of these have subtle definitions and when you join in a meeting, they will just be referred to as if you know what they are. So you're going to need to know what they are. Review in detail the responsibility matrix. That matrix defined everything you've got to provide or even feed into for this project, along with the level of detail and the stage or date you've got to do it by. You need to understand what it means. You need to be able to have confidence before you sign your subcontract, that you're going to achieve those deadlines. Check the employer's information requirements and BIM execution plan. These are going to shape your day to day tasks around data exchange, file naming conventions, clash detection, and so on. The protocol basically says follow these standards and processes and there's no room for anything else. So get to know this.
Speaker 1 00:19:18 Get comfortable that you can achieve it before you sign your subcontract. You might see when you're reading something in the protocol that increases your risk or your cost. Ideally, you're going to pick this up when you're pricing the work. Failing that, you want to do it before you sign on the dotted line. This is an opportunity to negotiate if something's clearly beyond the expectations, and you've quoted for something lesser than that, now's the time to say it before you've committed to something you can't achieve, and you find yourself in contrary charge. Hell, it might even be something that you can get an extra fee covered to either do away with the risk or to guarantee timely compliance. Next is the good old quantity surveyors favorite of records. There may well be differences between what you're doing under the BIM protocol to your normal TS and TS. Highlight it so that everybody's aware of it. Make a record of it. If you get instructions, perhaps to produce higher levels of detail than originally priced or to accelerate your design, obtain an email, obtain a written instruction, generate those records to keep that clear audit trail.
Speaker 1 00:20:31 This is just as much a part of your subcontract as the work you physically do on site, so you should treat the record keeping in the same fashion. Finally, make sure your team have got the adequate training to make a success of delivering this BIM project. If your site team have got to access your model, they need to know how to do that. And it goes without saying. Your designers need the right training on the software that's going to provide compliant design with the requirements of the protocol. This might mean short refresher courses, it might mean detailed training. But all of these things take time and it isn't something you can just fumble through. So that's where being aware of what the precise requirements are before you start the job is a must. Then you can plan accordingly and maybe even find a different workaround if you have to. But in this instance, ignorance is not bliss. Ignorance is going to get you a contra charge. So to close it out for today, embrace the protocol, but make sure you read it carefully.
Speaker 1 00:21:36 On the one hand, the CIC BIM protocol can just feel like an extra layer of bureaucracy with more terms and conditions, more acronyms and more risk. But on the other hand, it is a fairly comprehensive and powerful tool to clarify exactly how each project participant engages with the digital design and collaboration. When it's used well, it will reduce design conflicts, speed up approvals, and get the job done well. First time all of this will go a long way to improving your standing as a high quality and forward thinking subcontractor. But the key is to read, question and negotiate where necessary as the same applies to any subcontract. Don't enter into it blindly. Know and understand what it means to you. And before you commit, get confident that you can achieve it. Ultimately, BIM and digital construction are becoming the norm and the protocol is part of that progression. If you're new to it, don't panic. With a bit of due diligence, you can get to grips with it and navigate it smoothly. And that's all for today.
Speaker 1 00:22:48 My mission with this podcast is to help the million SME contractors working out there in our industry. If you've taken something of value away from today's episode, I'd love it if you'd share the show and pass that value on to somebody else who'd benefit from hearing it. And don't be scared to subscribe if you haven't already. Thanks for tuning in. If you like what you've heard and you want to learn more, then please do find us at www.QS.Zone for more information. We're also on all your favorite socials again at QS.zone. Thanks again. I've been Jacob Austin and you've been awesome!
