4.2.4. Tension Resolution

Balance must be struck between the desire to treat all firms equally through anticipation of the terms of the exchange, a form of fairness, with providing the necessary structure to facilitate collaborative processes in BIM projects. It is necessary to undertake a revision of remuneration regulations through negotiations between the state and professional associations to mutually and adequately adapt them to the computerization of professional practice. This adaptation should consider the efforts provided to generate quality information to meet public bodies' needs. This mutual revision would ensure fairness, whether through the negotiation process or regarding the final fee scales.

Repartition of payments should roughly be spread out evenly during the four major stages since the early design stage of BIM projects is more intense. To ensure collaborative work and a focus on project goals, BIM projects must shift from task-led to performanceled payments. The IPD compensation mechanism ensures participant's success is tied to the overall project success (O'Connor 2009). This compensation mechanism relies on the implementation of a target cost combined with an estimated maximum price during the negotiated phase of the RFP, which enhances value for budgeting (Chan et al. 2011). The estimated maximum price can motivate the project team to achieve better value by aligning

their financial objectives with that of the project (Darrington and Lichtig 2010). Corollary, the tenderers' ability to develop a target cost should be thoroughly evaluated during the first stage of the RFP.

The target cost is comprised of reimbursable costs, which are not at risk and include direct and indirect costs such as overhead costs specific to the project, project-specific costs and risk contingencies, while profit margins and company overheads are at risk (O'Connor 2009). Savings on the actual costs, as compared to the target cost, can be shared according to agreed-upon percentages, although public bodies could opt to set tentative percentages with arbitral adjustments to avoid gross inequities that could result from the set percentages (O'Connor 2009).

As for intellectual property, it has been found that contractual documents that not providing for joint authorship could discourage collaboration at an advanced level, especially with BIM level 3 (Currie 2014). Quebec's contractual documents should include the concept of joint authorship by defining it and by recognizing the right of the original author to accept or reject additions. The original authors would thus be saved from any liability if an erroneous addition is made without their consent (NBIMS 2007).
