#InformationProtocol
BS EN ISO 19650-compliant Information Protocol
A Webinar by the authors:
May Winfield, Simon Lewis, Andrew Croft
16 June 2020
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
May WinfieldAssociate Director, BuroHappold Engineering
Twitter: @Buildlaw_Arttea
Email: [email protected]
• Senior construction lawyer
• 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 RIBA Information Manager PSC Working Group
• Led drafting team of BS EN ISO19650 Guidance legal section
• Co-author of JCT 2019 Practice Note on BIM
• Co-author of ISO19650-compliant BIM Protocol
• UK BIM Alliance Ambassador
#InformationProtocol
Andrew CroftSenior Associate, Project & Contracts Advisory, Beale & Co
Twitter: @andrewiancroft
• BIM4Legal Committee Member
• Advised on legal implications of UK government 2011
construction strategy
• Drafted CIC Protocol (versions one and two)
• Co-author ISO 19650 Information Protocol and JCT BIM Practice
Note 2019
• Advised on BIM contractual arrangements on key infrastructure
projects
#InformationProtocol
Simon LewisPartner and Head of Disputes, Construction & Engineering Team,
Womble Bond Dickinson (UK) LLP
Twitter: @Simonlewislaw
• Vice Chair, BIM 4 Legal
• Co-author, BS EN ISO19650 Information Protocol
• Member of working group, PAS1192-5
• 30 years’ experience in dispute resolution in the construction
sector
#InformationProtocol
IT IS READY
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
But now the (even)harder taskbegins…..
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
Remember The Guidance
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol Note: This presentation is not legal advice & specialist advice should be obtained on any matters
Main BodyProject
Information Protocol
Appointment Documents
Appointment Schedules
Referenced Documents
Appended
Referenced
© Paul Shillcock and May Winfield
(ISO 19650-2) Lead AppointedParty Appointment
The purpose of this diagram is to show the relationship between the various information
management documents within an appointment and is not intended to be legal guidance.
Not all contracts have schedules; for example the schedules contents would be contained in NEC3/4 Z-clauses
and Works Information/Scope instead. Legal advice should always be sought when preparing appointments.
Industry Standards
Appointing Party’s
Standards & Policies
Delivery Team
Capability & Capacity
Assessment
Delivery Team
Mobilization Plan
Delivery Team
Information Delivery
Risk Assessment
Project Information
Delivery Milestones
Acceptance Criteria
e.g. Management /
Production Methods
and Procedures;
reference information
and shared resources
etc
Level of
Information Need
Supporting
Information
e.g. reference
information and
shared resources etc
Appointing Parties
Exchange Information
Requirements
Project
Information Standard
Delivery Team
BIM Execution Plan
Delivery Team
Master Information
Delivery Plan
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol Note: This presentation is not legal advice & specialist advice should be obtained on any matters
Main BodyProject
Information Protocol
Appointment Documents
Appointment Schedules
Referenced Documents
Appended
Referenced
© Paul Shillcock and May Winfield
(ISO 19650-2) AppointedParty Appointment
The purpose of this diagram is to show the relationship between the various information
management documents within an appointment and is not intended to be legal guidance.
Not all contracts have schedules; for example the schedules contents would be contained in NEC3/4 Z-clauses
and Works Information/Scope instead. Legal advice should always be sought when preparing appointments.
Industry Standards
Appointing Party’s
Standards & Policies
Delivery Team
Capability & Capacity
Assessment
Delivery Team
Mobilization Plan
Delivery Team
Information Delivery
Risk Assessment
Project Information
Delivery Milestones
Acceptance Criteria
e.g. Management /
Production Methods
and Procedures;
reference information
and shared resources
etc
Level of
Information Need
Supporting
Information
e.g. reference
information and
shared resources etc
Lead Appointed
Parties Exchange
Information
Requirements
Project
Information Standard
Delivery Team
BIM Execution Plan
Detailed
Responsibility Matrix
Task Information
Delivery Plan
#InformationProtocol
Interpretation and Structure
Simplifying search for definitions and documents
• Definitions
• Order of Precedence
• No Schedules
• Information Particulars
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
Simplifying Search for Definitions and Documents
• One Protocol for all
• One location list for documents = Information Particulars
• “According to the UK BIM Framework” defined
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
Terminology
• Clause 13 sets out definitions.
• Generally consistent with ISO 19650.
• Definitions only apply to Protocol, do not supersede ISO19650.
• Terms in italics use ISO 19650 definitions.
• Key parties – Appointee, Appointor, Appointing Party, Lead Appointed Party
• Key documents and processes
• Flexible to allow documents to be updated
• Required Standard
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
Co-ordination
• Under ISO19650 process significant information exchanged
• Important information is co-ordinated (clause 3)
• Co-ordination meetings – as stated in Information Particulars and Appointment
• If omission or conflict in or between any information:
1) follow process in Appointment;
2) If no process, notify conflict, seek to resolve and meet if needed.
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
Obligations – Appointing Party
• If Appointing Party party to Appointment, must (clause 3) arrange for:
• review and update Information Particulars when required until completion
• appointment of individuals to undertake Appointing Party tasks
• “arrange for” so doesn’t mean Appointing Party does it themselves.
• Appointee’s rights following update of Information Particulars as per Appointment.
• Individuals to be appointed by Appointing Party would include those responsible for information management processes and security.
• No stand alone “information manager” or “built asset security manager”.
• More flexible.
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
General Obligations – Both Parties
• ISO 19650 processes embedded contractually.
• Comply with Information Particulars insofar as applicable (clause 4.1).
• Comply with key ISO 19650-2 processes (clause 4.2-4.7), e.g.:
• Appointee to test methods and procedures in Information Particulars
• Lead Appointing Party to establish risk register;
• Use CDE Solution and Workflow;
• Share information at times stated in Information Particulars (subject to EOT);
• Consider EOT drafting in Appointment.
• Security (clause 4.8) – simplified – comply with Security Management Plan
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
Information Management
• Information management documents, workflows key to ISO 19650.• “Prepared Documents”• Appointee must prepare to the extent require by ISO19650-2 or
Appointment• Otherwise Appointee must assist with preparation• Appointee must prepare or assist with updates to Prepared Documents.• Information Particulars set out Prepared Documents at date of
Appointment.• Both parties assist with updating Information Particulars.
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
Information Delivery Plans
• Task Information Delivery Plan (TIDP) (clauses 4.12-4.14).
• TIDP:
• to be established by Task Teams under a Parties’ control.
• to be complied with by Parties/those under authority and control.
• to be reviewed and updated.
• rights following update assessed in accordance with Appointment.
• Information generated under TIDP to be reviewed.
• Consider if appropriate to each Appointment.
• If key part of deliverables, important TIDP is contractually binding.
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
Clause 5: CDE Workflow and Solutions
• Exclusion of liability for corruption, unintended amendment etc is now mutual
• Appointing Party’s responsibility for:
• Establishing and implementing CDE Solution and Workflow
• Storage and archiving of the information
• Express right to access information (applying lessons learnt)
• Add organisation/project-specific arrangements
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
Clause 6: Management of Information
• New clause
• Positive obligations to carry out information management functions and tasks
• Appointment of third parties to carry out the functions must include sufficient scope to describe role and responsibilities
• Compliance with the Project’s Information Standard and Project’s Information Production Methods and Procedures
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
Clause 7: Level of Information Need (not LOIN)
• Level of Information Need for all information which is a contractual deliverable and metrics for determining Levels of Information Need
• Must be:
• Set out in the Information Particulars
or
• Shall be agreed
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
• Deals with GDPR/data protection and IP issues
• Based upon the equivalent provision (clause 6) in the CIC BIM Protocol 2nd
Edition
Clause 8: Use of Information
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
• Parties to observe their GDPR obligations. If there is an appointment that takes precedence or covered by general compliance in the Protocol
• “GDPR” and “Data Protection Laws” defined in clause 13
• Intended to be flexible to cover developing law/concepts in this area
Clause 8: Use of Information
#InformationProtocol
• Key definitions: “Material” and “Permitted Purpose” (clause 13)
• Material only to be used for the Permitted Purpose
• IP rights: Appointment takes precedence
• If no such provisions, clauses 8.3 – 8.5 apply to grant licence (8.4)
• Equivalent obligations on Appointor in clauses 8.6 – 8.8
Clause 8: Use of Information
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
• Statements setting up contractual responsibilities for delivery of information on Appointor and Appointee
• Risk assessment by Lead Appointed Party
• Capturing of lessons learned
Clause 9: Transfer of Information
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
• Limitation of liability provision – neither party has liability to the other if the other party modifies or amends or in any other way deals with the Information Model, Material or related work for any purpose other than the Permitted Purpose
• In other words, the issuing party is only liable for information it issues if that information is used by the receiving party for the Permitted Purpose.
Clause 10: Liability
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
• Refers back to clause 4.8 – obligation to comply with the Security Management Plan (if any)
• Deals with the consequences of breach of the Security Management Plan
• “Security Management Plan” defined in clause 13 and should be identified in the Information Particulars – sets out requirements for carrying out the Works in a security-minded way
• Reflects the provisions of BS EN ISO19650-5
Clause 11: Remedies – Security
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol
• Read it – Ask questions
• Use it – Tell others
And…complete the information particulars
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
What Next: Implementation
#InformationProtocol
The Information Protocol should be included in all
contracts implementing BS EN ISO 19650
(but form of contract impacts how it is included)
Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol Note: This presentation is not legal advice & specialist advice should be obtained on any matters
#InformationProtocol Note: This presentation is not legal advice & specialist advice should be obtained on any matters
Thank You & Questions
[email protected]; @Bim4Legal
May Winfield: [email protected]; @Buildlaw_Arttea
Simon Lewis: [email protected]; @Simonlewislaw
Andrew Croft: [email protected]; @Andrewiancroft