Trant Engineering V. Mott MacDonald: The Importance Of Contract Drafting For BIM

With BIM used more and more often on projects, it's important to remember to properly draft contracts to deal with the issues that may arise.

Building information modelling is now widely used for designing, preparing and integrating project design data for use by multiple parties on a single platform. It promotes collaborative working and knowledge. But what happens when there's a dispute? Who controls the BIM model?

In Trant Engineering Ltd v. Mott MacDonald Ltd [2017] EWHC 2061 (TCC), the consultant blocked access to the BIM model during a dispute with its client. Concerned about the potential delay and disruption to the project, the client contractor successfully sought an injunction for access. The decision flags up issues for other users of BIM-enabled contracts.