4.1.4. Tension Resolution

Stipends provided for through the derogation procedure better compensate tenderers for their proposal development efforts. Since tenderers' intellectual property developed throughout the selection process is transferred to public bodies, stipends merely represent small compensation for the accomplished work. Stipends do not need to cover the full costs of preparing the proposal, as there is an inherent cost to business development which should not be fully borne by the state. Several jurisdictions reasonably compensate tenderers to ensure healthy competition and involve smaller players in the selection process. Quebec's regulations must be revised to benefit from stipend's advantages and lessen public bodies' administrative burden regarding the derogation procedure.

IPD is one of the most effective ways of dealing with BIM-specific risks because of its pain–gain sharing mechanism (Azhar 2011). The target cost includes a single project contingency intended to reduce construction costs. The cost-sharing mechanism must define the risk–reward proportions of parties whose overhead costs are at-risk (Zhang and Li 2014). IPD also waives or limits claims against the other parties (Ashcraft 2008). Liability limits such as the ones provided for in the CIC BIM Protocol help strive towards a no blame culture (Currie 2014; Mosey et al. 2016). The CCDC 30 contract stipulates that parties must waive all claims against each other.

IPI has been proposed as a solution to the issue of the blurred levels of responsibility in BIM level 3, and aims to align parties' interests, ensure the development of achievable and affordable solutions and cover project outcomes rather than individual liabilities, such as insuring the potential cost overrun (Currie 2014). IPI collectively insures all partners of an alliance or IPD model, such as the client, designers, consultants, manufacturers, constructors and their supply chain. In IPI, insurers are more involved in the project through the participation of an independent facilitator and a technical independent risk assuror (Cabinet Office 2014a; Currie 2014). With IPI, parties' contributions are not fixed and can be reallocated during the project. Disputes could thus arise amongst project participants, without affecting the client, but it also could encourage the exercise of reasonable skill and care (Currie 2014).

In order to move from a risk allocation to a risk-sharing paradigm, Quebec should therefore consider revising the regulatory indemnity regime, use the IPD pain–gain sharing mechanism of target costing and include waivers and liability limitations in its contractual documents, as well as enter discussions and negotiations with the insurance industry to develop an IPI model to move towards a no-blame culture.

## *4.2. Sharing Benefits*

BIM-specific services are considered as additional, or special, services under the regulatory fixed-remuneration scales for professional services (AAPPQ 2016). Those services are not included in the applicable percentages for services rendered during preparation of plans and specifications, whether preliminary or final, and during construction. Public bodies pay for these services on a lump sum basis, provided the scope is well defined, negotiated on the basis of an estimate of the number of hours necessary to complete the services (AAPPQ 2016). As for engineers, their professional order does not offer any guidance on the topic.

Canada's Copyright Act provides that architects can claim copyright ownership on drawings, a fixation of an original idea, a principle also present in the Fee Rate for Professional Services Provided to the Government by Architects (FRA) and the Fee Rate for Professional Services Provided to the Government by Engineers (FRE). It also states that joint authorship is possible in situations of collaborative or collective works. Quebec's contractual documents provide that exclusive intellectual property is transferred from contractors to public bodies, which in exchange grant contractors a license. Project data are transferred to public bodies for the management and operation of the building, as well as for future projects. These data, including all copyrights attached, become the exclusive property of public bodies (AOI 2016b).
