Civil Engineering Reference
In-Depth Information
throughout the contract and these are primarily contract-specific. Terms which are
defined in clause 11.2 have initial capitals.
Another feature of the NEC3 is the provision for 'Z clauses' which allow for bespoke
additional conditions of contract to be added. Since there is no equivalent NEC3
contract for use in Scotland, it is often necessary to use Z clauses to import changes
necessary to reflect Scots law (e.g. third party rights, as mentioned above).
Another feature of the NEC3 is the incorporation into the contract of the Contract
Data which sets out project-specific information, provided by the Employer in Part 1
and by the Contractor in Part 2.
A key document is the Works Information which is produced by the Employer
andwhichneedstobedratedwithcaretoensurethatallnecessaryinformationis
included. For example, there is a single NEC3 form of Engineering and Construc-
tion Contract, with no separate design and build version. Clause 21.1 states that 'the
ContractordesignsthepartsoftheWorkswhichtheWorksInformationstatesheis
to design'. Thus any design responsibilities to be imposed on the Contractor
must
be set out in the Works Information. This one example highlights the importance of
ensuring the completeness of the Works Information.
he NEC has also published a comprehensive set of guidance notes and flow charts
for the various forms of contract within the NEC3 suite.
1.7 Building Information Modelling (BIM)
At the time of writing, the potential impact on contractual relationships of Building
Information Modelling (BIM) is still not fully known, but there is no doubt that the
construction industry is moving towards support for the use of BIM. The UK Gov-
ernment Construction Strategy, published in May 2011, confirmed the commitment
to using BIM, with the intention that by 2016 central government projects above a
certainlevelwillbeexecutedusingBIMLevel2,withtheultimategoalofmoving
to BIM Level 3. A similar approach was taken in the Scottish Government's 'Review
of Scottish Public Sector Procurement in Construction', published in October 2013,
which recommended the use of BIM for central Scottish Government projects with
the objective that construction projects across the public sector adopt a BIM Level 2
approach by April 2017.
The annual BIM construction industry-wide survey carried out by the NBS in the
three months to February 2013 found that, of 1350 professionals participating, 39%
were using BIM, compared with a corresponding figure in 2010 of 13%, and that 71%
agreed that BIM represented the 'future of project information' (though the fact that
74%agreedthat'theindustryisnotyetclearenoughonwhatBIMisyet'mightsuggest
that much educational work still needs to be done).
The most commonly used definition of BIM is that given by the Construction
Project Information Committee (CPIC): 'a digital representation of physical and
functional characteristics of a facility creating a shared knowledge resource for
information about it forming a reliable basis for decisions during its life cycle, from
earliestconceptiontodemolition'.Inbroadterms,BIMLevel2isaprocessinvolving
