Journal
LAWS
Volume 10, Issue 2, Pages -Publisher
MDPI
DOI: 10.3390/laws10020043
Keywords
building information modeling; integrated project delivery; public procurement; collaboration; infrastructure contracts
Categories
Funding
- Natural Sciences and Engineering Research Council of Canada [IRCPJ 461745-12, RDCPJ 445200-12]
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This paper examines the impact of norms, including legislative, regulatory and contractual, on the effective implementation of BIM in Quebec's public infrastructure framework. It suggests using IPD to mitigate legal barriers and calls for modification of the normative framework to standardize collaborative mechanisms and implement risk-reward sharing.
The Province of Quebec is currently in the process of adopting building information modeling (BIM) for major infrastructure projects. However, legal and contractual concerns such as the tendering process, adjudication criteria, intellectual property and risk-reward sharing mechanisms hinder the implementation of an efficient BIM process. This paper addresses the following question: How do norms, whether legislative, regulatory or contractual, functionally or dysfunctionally affect the effective implementation of BIM in Quebec's public infrastructure framework? This paper suggests that the use of Integrated Project Delivery (IPD) should help mitigate legal barriers hindering BIM implementation, while preserving balance between fairness and encouraging collaboration. Quebec's normative framework, which includes legislation, regulations, contracts and infra-regulatory rules, should be modified to standardize collaborative mechanisms, integrate two-stage negotiated processes such as rank-and-run or best and final offer and enable the assessment of tenderers' objective qualities and more subjective qualities. Furthermore, a risk-reward sharing mechanism should be implemented through target costing, and upstream participation from a wide range of stakeholders should be encouraged.
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