4.1.2. BIM-Specific Requirements

Tenderers deliver a substantial design effort in preparing proposals, especially in BIM projects which necessitate extra efforts in the early design stage, and stipends compensate this effort. Stipends increase competition, bidding pool diversity, SME inclusion in public procurement and quality of proposals, while the design level of effort reduces cost growth, and their absence can lead contractors to not participate in the process. The appropriate level of a stipend is somewhat flexible, but the rule of thumb for a two-stage process is one-third of the design effort (Alleman et al. 2020).

Level 3 BIM, through integration of the team, may blur the levels of responsibility and enhance risk and liability (Azhar 2011). Risks must be identified and allocated, especially regarding responsibility for the accuracy and coordination of data as well as updating information in collaborative models (Porwal and Hewage 2013). The BIM addendum addresses the risk of project participants assuming contributions made by other parties are accurate and provides for claim waivers (Porwal and Hewage 2013). The BIM addendum also specifies that the participation of the contractor, subcontractors and suppliers in a model does not constitute design services, although this cannot be applied to DB because of its single point of responsibility, which means parties only assume their traditional roles (Currie 2014). CIC BIM Protocol limits project team members' liability by stating that there is no warranty to the integrity of electronic data transmission and no liability for corruption or alteration occurring after transmission (Mosey et al. 2016).

Traditional insurance is not easily adaptable to BIM level 3, and new insurance products better tailored to collaborative projects are needed (Currie 2014). One possible solution is Integrated Project Insurance (IPI), which can be used in alliancing or IPD models. This model covers all major parties under one single policy and includes all the insurances needed for infrastructure projects (Currie 2014).

## 4.1.3. Dysfunctions of Current Rules

Regulatory stipends do not reflect the actual work carried out by tenderers in BIM projects, and public bodies must use the derogation procedure to offer better compensation. Absence of stipends can disinterest firms and competition and favor firms with stronger financial records to the detriment of smaller ones. Risks are allocated and not shared, which does not reflect the collaborative BIM process and furthers the silo effect. Furthermore, Quebec's contractual documents do not provide for BIM-specific liability limitations or claim waivers.
