you are being redirected

You will be redirected to the website of our parent company, Schönherr Rechtsanwälte GmbH :

01 February 2024

Building Information Modelling: a Montenegrin perspective

Building Information Modelling (BIM) is a comprehensive methodology and process that enables the creation of dynamic, three-dimensional computer models for construction facilities. BIM streamlines the production and use of project documentation, improves timeline and budget accuracy, and enhances communication and decision-making.

BIM is integrated into a construction project through a BIM Protocol, a legally binding agreement commonly appended as a schedule to construction and other contracts among project stakeholders. The BIM Protocol defines the roles and responsibilities of project stakeholders, the management of intellectual property, the application of ISO 19650 or other standards, enforcement mechanisms, data collection and processing procedures, dispute resolution mechanisms and more.

Various construction contracts can incorporate BIM into their frameworks. IPD (integrated project delivery) contracts, with early involvement of all project stakeholders and a highly collaborative approach, seem particularly well-suited for maximising the benefits of BIM. BIM can also be effectively applied with construction contracts more commonly used in Montenegro, including DBB (design-bid-build) and DB (design-build). Nevertheless, several additional factors must be considered when preparing a BIM Protocol for construction projects in Montenegro.

The Spatial Planning and Construction of Facilities Act (SPCFA) and the Contracts and Torts Act establish a more structured and less collaborative environment among project stakeholders. Therefore, the BIM Protocol should ensure that its provisions do not deviate from the specific roles and responsibilities assigned to the employer, contractor, supervising engineer and other project stakeholders, as provided under the applicable Montenegrin laws.

Furthermore, as the use of exclusively electronic documentation is not permitted under the SPCFA, project documentation should also be available in printed form. Consequently, the BIM Protocol should explicitly address how data from BIM will be presented to the competent authorities. If the parties select Montenegrin courts as their preferred dispute resolution authority, it is advisable to periodically archive data from BIM in a paper format to facilitate the presentation of evidence during any court proceedings.

author: Luka Veljović


Attorney at Law