The UK High Court (TCC) has recently granted an interim injunction providing the contractor of a power station with access to the project’s BIM model. The issue arose after the consultant Mott McDonald changed the password to the BIM model after it was not paid for services performed. This effectively halted the project. The contractor disputed the amount and the basis of contract.
The Court held that the matter required a full trial. However, because Mott McDonald had a cap on its liability the potential damage that the contractor would suffer from late delivery to the client would have outweighed any potential recovered the contractor could have achieved if it were successful, the Court granted the injunction on the basis that the contractor pay part of the claimed amount into the Court.
The decision has not yet been released but is discussed on Out-law and can be viewed here.
Given the importance of BIM modelling in projects today it is essential that parties have an open discussion at the start of the project and agree a procedure for resolving any disputes in a manner that will not significantly prejudice the project as a whole; and that this is documented in the contract.