Greetings!
Over previous weeks we've talked a lot about the many benefits that our industry can anticipate through the implementation of BIM in terms of greater accuracy, more detailed information and a single view of the project throughout its entire lifespan. And indeed with the level of activity we're seeing around BIM there's no doubt we'll soon start to experience these advantages as it gains increased adoption across the sector.
But what about risk? That's not a word we tend to hear much with regard to a technology that's intended to remove risk by making it easier to spot clashes and other construction issues at an earlier stage. However, the changing relationship between architect, quantity surveyor, contractor and client that BIM will create means that there are inevitably some new considerations over the roles and responsibilities for all parties.
This is not to appear negative. A prime objective of BIM is to limit the need for retrospective corrections or costly and time-consuming disputes, but as part of our ongoing exploration of the issues surrounding this major advance for our business we decided it was worth putting the spotlight on some legal aspects around working with BIM.
Each issue of this newsletter we will alternate between broader issues such as this one and more technical aspects of the BIM solution. We hope you find this of value and welcome your suggestions for future subjects.
If you want to find out more about BIM or discuss its implications for your business or a specific project, please visit our website or contact us by phone or email. Find out more - visit our website.
Steven Gosling
DSG Quantity Surveyors
Why not call me to discuss your next project on
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The issue of liability
Few professionals that have worked in and around the construction industry for more than a handful of years will have avoided at least anecdotal experience of the pitfalls when a project goes awry. It may only be one aspect that has broken down, but in many cases the outcome depends on the matter of liability. Who is responsible for the misunderstanding, error or other issues that ultimately led to the additional cost or delay now in dispute?
Of course, as a mature industry, we have become accustomed to ensuring that in most cases liability is clearly defined or, where that is not possible, indemnities and insurance provide cover to protect the individual or practice from potentially ruinous financial penalties.
But BIM's collaborative model changes that. Now, certainly from level 3 onwards, it's entirely possible (and indeed desirable) to have a single database of information accessible by all members of the project team. At this point
the attribution of responsibility can be far less clear and it's essential to define those roles, agree responsibilities across teams and most importantly present a consistent 'face' to the client.
The same applies to copyright issues in terms of ownership of a model to which everyone has contributed. This can be overcome by wording an agreement such that all parties have rights and access to the model, not just up to construction, but beyond for adaptation and refurbishment.
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Are you covered?
Nobody wants a dispute to end up in the hands of the lawyers, but there will be cases where this becomes unavoidable. In these instances it is normal for practices to turn to their liability insurance to pick up the case - and the costs!
And the first question to ask is are y ou covered? It's quite likely that BIM projects are not specifically covered in many existing policies and although this does not mean they will be excluded, it is naturally worth confirming that such cover is included before commencing any BIM engagement.
There may even be an argument for the application of collective single project insurance, reducing the possibility of inter-party disputes when a project has been collaborative. This might have been viewed as an expensive option in the past, but with BIM reducing many of the 'traditional' risks associated with major undertakings it may now be an option worth considering. In summary, the legal issues are no more onerous than our industry is accustomed to facing, just different. The important aspect here is that they need to be considered early to ensure that the accelerating roll-out of BIM isn't hampered by debate and disagreement over where responsibility and accountability sit within the process. We can then collectively begin to enjoy the efficiency and risk-reducing aspects that BIM can bring. Please contact DSG by email or phone to arrange a meeting to discuss your company's requirements or for an estimate for a BIM trial.
Please visit our website at www.dsgquantitysurveyors.co.uk |
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About DSG
DSG Quantity Surveyors is a company with proven drive and ability. Our success comes from an uncompromising attitude towards accuracy and reliability. During the last 12 months the company has focussed on developing our expertise around the BIM processes and solutions.
The following are some of the reasons we are a forward looking and growing business:
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DSG attributes its success to a determination to learn from the mistakes of others. DSG listens to what companies have said about the pitfalls for QS consultancies and has developed a tick box methodology to help it avoid making the same mistakes.
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The company brings the same mindset to everything it does whether cost plans, feasibility studies or contract selection. It takes time to carefully select the most appropriate contract for any given supplier.
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DSG is meticulous with QA. It checks all the details.
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When examining bids it carefully examines them to ensure all bids are compliant in terms of covering all the essential details.
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DSG attends monthly meetings and ensures clients are paid on schedule to reduce risk and agree final accounts at the end of the project.
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As a result DSG has experienced 20-25% growth year on year in a challenging commercial environment.
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How to share DSGs success:
- We look for an appropriate opportunity to demonstrate that we keep our promises.
- Clients always deal with principals and everyone has access to the MD, Steven Gosling. The company makes quick decisions, for example, when additional resources are required.
DSG Quantity Surveyors
First Floor
St Lukes House
Newbury
Berkshire
RG14 1JQ
01635 277670 |
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Register for your seminar place
Register interest for our seminar series.
We are intending to run one or more seminars depending on the interest level. We will probably offer 2 locations, one in the South and one in the Midlands. Dates are yet to be confirmed but please indicate your interest and we will contact you once the details are available.
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Reduce disputes and cost penalties by ensuring contracts are in place
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When collaborating on a BIM project it is essential to have an agreed process and contracts in place.
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Three fold increase in BIM usage
 Click Here to view a report showing a three fold increase in BIM usage since 2010. |
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Past issues of our BIM Updates
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Examples of projects to which we have contributed
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