Thursday, August 3, 2017

Who Guards the Gate in BIM World?

The article excerpted and linked below, by Sarah Rock, Esq. with Gowling WLG, analyzes a UK case arising from a dispute in Falkand that raised serious issues regarding ownership of the common data environment (CDE) on a BIM enabled project. Sarah's analysis is substantive and insightful. Read the whole thing.

Whilst primarily arising from a dispute over contract terms and the value of the works, the decision in Trant Engineering Ltd V Mott MacDonald Ltd [2017] is of particular interest as it is the first published case where BIM features substantively, writes Sarah Rock.
Trant was engaged by the MoD as contractor for a £55m project in respect of the construction of a power station in the Falkland Islands. Mott MacDonald was appointed to provide design services and was also the building information modelling (BIM) coordinator, controlling access to the common data environment (CDE).
When a fee dispute arose, Mott MacDonald suspended its services and blocked Trant's access codes to the CDE leaving Trant and the rest of the project team unable to access the design materials. 


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