Comparison of Quebec’s Project Delivery Methods: Relational Contract Law and Differences in Contractual Language

Building Information Modeling in Quebec’s Procurement for Public Infrastructure: A Case for Integrated Project Delivery

The Province of Quebec is currently in the process of adopting building information modeling (BIM) for major infrastructure projects. However, legal and contractual concerns such as the tendering process, adjudication criteria, intellectual property and risk–reward sharing mechanisms hinder the implementation of an efficient BIM process. This paper addresses the following question: How do norms, whether legislative, regulatory or contractual, functionally or dysfunctionally affect the effective implementation of BIM in Quebec’s public infrastructure framework? This paper suggests that the use of Integrated Project Delivery (IPD) should help mitigate legal barriers hindering BIM implementation, while preserving balance between fairness and encouraging collaboration. Quebec’s normative framework, which includes legislation, regulations, contracts and infra-regulatory rules, should be modified to standardize collaborative mechanisms, integrate two-stage negotiated processes such as rank-and-run or best and final offer and enable the assessment of tenderers’ objective qualities and more subjective qualities. Furthermore, a risk–reward sharing mechanism should be implemented through target costing, and upstream participation from a wide range of stakeholders should be encouraged.