The New [BIM] Information Protocol

• Published date: 22 July 2020
• Subject Matter: Corporate/Commercial Law, Compliance, Contracts and Commercial Law
• Law Firm: Fenwick Elliott LLP
• Author: Mr Jeremy Glover

In Issue 27, I wrote about the application of BIM under the FIDIC Form of Contract. I noted that I thought it likely that any "BIM definitions" that are adopted by FIDIC will be based on international standards, preferably ISO 19650. There is no further news from FIDIC but in the UK, at the beginning of June 2020, the UK BIM Framework¹ published a new template Information Protocol which is designed to conform with the (relatively new) international standard BS EN ISO 19650-2 (which deals with the delivery phase of assets).

The essential idea behind any (BIM) protocol is that it defines a code of conduct, more specifically a code of contractual conduct, which deals with risk allocation, setting out the rights, roles and responsibilities of the parties including for example data or model delivery timetables. Until June, the closest to a standard protocol in the UK was the CIC BIM Protocol, the second version of which came out in April 2018. This second edition was drafted to align with the then prevalent standard, PAS 1192-2. This meant that it does not align with the new international standard for information management, BS EN ISO 19650, which was published in January 2019.

The first obvious difference between the two protocols is the name. The word "BIM" has been dropped. Does this mean the end of the use of the word? It is so ingrained in general use now. However, the word "BIM" was dropped (from the title at least²) for an important reason. Every project is different and will have different requirements in relation to the use of information and data. These requirements should be properly defined. That does not mean, for example, saying: the project shall be compliant with BIM Level 2. As the Winfield Rock Report demonstrated, everyone has their own interpretation of what BIM Level 2 means.³ Dropping the word "BIM" has been done to encourage those putting the contract documentation together to concentrate on the exact requirements of the project in question.

At the launch of ISO 19650 J'ns Sj'gren, Chair of the ISO technical subcommittee, said:

"Taking this to an international level not only means more effective collaboration on global projects, but allows designers and contractors working on all kinds of building works to have clearer and more efficient information management."⁴

This was a message echoed by May Winfield, commenting on the launch of the Information Protocol:

"The BS EN ISO 19650 is a game changer in seeking to progress, and comprehensively align, BIM and information management practices across the industry, and worldwide."⁵

The Key Features of the new Information Protocol

It is of course early days in the adoption of BS 19650, but the new...