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JCT releases updated guidance on contracts for BIM projects

22 May 2019

JCT has released its latest practice note, BIM and JCT Contracts, providing up-to-date guidance for using JCT contracts on construction projects where BIM is to be used.

The aim of BIM and JCT Contracts is to further the understanding of BIM-related legal and contractual issues and suggest ways of approaching such issues in a collaborative and constructive way.

It also provides practical, clear guidance to project participants and their professional advisers.

The practice note focuses on the use of BIM with the JCT Design and Build Contract (DB), as the most popular form of contract on projects employing BIM. It includes a commentary pointing out provisions that may be most impacted by or relevant to a project using BIM and provides suggestions on matters to bear in mind, including preparing and incorporating a BIM Protocol.

The specific Design and Build Contract clauses referred to in the commentary are also set out in the document for ease of reference.

Other parts of the practice note include suggestions on the main topics that may be covered in a BIM Protocol, a checklist of typical items to be considered by the employer and the employer’s professional advisers in formulating the Exchange Information Requirements at pre-tender stage, a glossary of terms, and a bibliography to enable readers to further their knowledge and understanding.

It is produced by JCT’s BIM Working Group, specifically set up to address developments in BIM and its integration with construction contracts. Drafting was provided by May Winfield and her colleagues at the UK BIM Alliance.

JCT vice chair and chair of JCT BIM Working Group, Nicholas Deeming, said: “The recent Winfield Rock report demonstrated the lack of expertise in the legal industry regarding the contractual implications of the drafting of contracts in respect of BIM. We very much welcomed the opportunity to work with May Winfield and her colleagues at the UK BIM Alliance to author some new guidance for those drafting contracts.

“JCT is playing a key role in leading the construction industry and helping to improve the understanding of BIM and its effective reference within the detail of a contract.

“We have based this advice on JCT DB as the most used BIM related contract. The advice may be adapted to other forms of JCT contract with professional guidance.”

JCT was the first contract authoring body to provide specific guidance on BIM and construction contracts, with the publication of its first BIM practice note in 2016, along with integrating specific BIM provisions into the 2016 Edition of JCT Contracts. BIM and JCT Contracts builds on those developments to provide more guidance for use on projects using BIM.

For more information and to purchase BIM and JCT Contracts, visit jctltd.co.uk/product/bim-and-jct-contracts

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