BIM and IPD
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Transcript of BIM and IPD
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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
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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
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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
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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
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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
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There is
Nothing
in standard contract formson BIM.
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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.
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There is
NOTHING
in the engineering registrationlaw on BIM.
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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.
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We are beginning to see
Something
on BIM in a few contracts..
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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.
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BIM is being addressed in
Some
of the new contract forms.
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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
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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
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Recommended Actions
Participate in the Industry Discussions.
Address the Issue in your Contract.
Stay tuned.
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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.
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There are
Many
new contracts for IPD.
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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
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All
of these are untested.
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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
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How is IPD Working?
Two Views
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Art Gensler
IPD is almost all hype.
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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
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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.
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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
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Recommended Actions
• Be Selective.
• Know Your Partners.
• Know the Project Niche.
• Know the Contract.
• Stay Tuned.
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What’s BIM or IPD Got to Do with It
Many ???
remain to be answered.
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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
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Thank you.
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