Technology has deeply changed the procurement sector, as data analysis and data modelling can now play a crucial role within any phase of the procurement cycle. From a legal, economic, and technical standpoint one of the more promising resources in this regard is Building Information Modeling (BIM). BIM has been described as a methodology allowing “the digital representation of physical and functional characteristics of a facility”. It can be regarded as a resource providing shared knowledge and information about a particular facility, constituting a reliable basis for decision making all through the facility life cycle, from its planning onwards. This design method enables the user to complete more analytical and effective evaluations than those possible relying on traditional design methods (such as computer-aided design). Furthermore, better design quality can be obtained at reduced costs and with shorter implementation times. BIM is mainly used to implement “a more efficient planning, design, construction, management and maintenance process using a standardized information model in digital format for each new or existing building. That model contains all the data, either created or collected, on the building in question, in a format that can be used by all stakeholders during the whole life cycle of the building”. From a legal point of view, it is important to observe that information modelling may foster an optimal collaboration among the various actors involved in the design work because there is an increasing awareness of the need for an open and reusable data infrastructure. From the organizational and functional point of view, information modelling can ensure better coordination and monitoring at all times, from the planning phase to the contract award and execution phases. What is more, it can limit the possibility of modifications during the execution phase, which may be critical within a legal framework of alliances and cooperation. In that respect, information modelling may become an indispensable tool to create added value in any procurement procedure and, consequently, in the contracts deriving therefrom. On their part, contracts may become the key for project teams to get the best out of BIM insofar as they appropriately regulate the following issues: (i) deadlines and interfaces in respect of submission and approval of design information and other data; (ii) clash detection, early warning and risk management; (iii) intellectual property rights. Technology can even be used for drafting so-called ‘smart contracts’ (i.e., contracts based on the blockchain methodology), in which data and information are collected in a chain of blocks and made available forever. These contracts can actually be like a ledger recording everything related to the parties involved.

From Works Contracts to Collaborative Contracts: The Challenges of Building Information Modeling (BIM) in public procurement

DI GIUDA, GIUSEPPE MARTINO;Gabriella M. Racca
2019-01-01

Abstract

Technology has deeply changed the procurement sector, as data analysis and data modelling can now play a crucial role within any phase of the procurement cycle. From a legal, economic, and technical standpoint one of the more promising resources in this regard is Building Information Modeling (BIM). BIM has been described as a methodology allowing “the digital representation of physical and functional characteristics of a facility”. It can be regarded as a resource providing shared knowledge and information about a particular facility, constituting a reliable basis for decision making all through the facility life cycle, from its planning onwards. This design method enables the user to complete more analytical and effective evaluations than those possible relying on traditional design methods (such as computer-aided design). Furthermore, better design quality can be obtained at reduced costs and with shorter implementation times. BIM is mainly used to implement “a more efficient planning, design, construction, management and maintenance process using a standardized information model in digital format for each new or existing building. That model contains all the data, either created or collected, on the building in question, in a format that can be used by all stakeholders during the whole life cycle of the building”. From a legal point of view, it is important to observe that information modelling may foster an optimal collaboration among the various actors involved in the design work because there is an increasing awareness of the need for an open and reusable data infrastructure. From the organizational and functional point of view, information modelling can ensure better coordination and monitoring at all times, from the planning phase to the contract award and execution phases. What is more, it can limit the possibility of modifications during the execution phase, which may be critical within a legal framework of alliances and cooperation. In that respect, information modelling may become an indispensable tool to create added value in any procurement procedure and, consequently, in the contracts deriving therefrom. On their part, contracts may become the key for project teams to get the best out of BIM insofar as they appropriately regulate the following issues: (i) deadlines and interfaces in respect of submission and approval of design information and other data; (ii) clash detection, early warning and risk management; (iii) intellectual property rights. Technology can even be used for drafting so-called ‘smart contracts’ (i.e., contracts based on the blockchain methodology), in which data and information are collected in a chain of blocks and made available forever. These contracts can actually be like a ledger recording everything related to the parties involved.
2019
Joint Public Procurement and Innovation: Lessons Across Borders
Bruylant
Droit Administratif - Administrative Law
27
223
271
9782802763802
Building Information Modeling; collaborative contracts; IT tools for PP
Giuseppe M. Di Giuda; Gabriella M. Racca
File in questo prodotto:
Non ci sono file associati a questo prodotto.

I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.

Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2318/1716305
Citazioni
  • ???jsp.display-item.citation.pmc??? ND
  • Scopus ND
  • ???jsp.display-item.citation.isi??? ND
social impact