Impact and Remedy of Legal Uncertainties in Building Information Modeling

Alwash, Adam and Love, Peter E. D. and Olatunji, Oluwole ORCID: https://orcid.org/0000-0002-9726-4218 (2017) Impact and Remedy of Legal Uncertainties in Building Information Modeling. Journal of Legal Affairs and Dispute Resolution in Engineering and Construction, 9 (3):04517005. pp. 1-7. ISSN 1943-4162


Abstract

Building information modeling (BIM) is reshaping the way construction projects are being delivered; its effective implementation is dependent upon collaboration. Yet existing contractual instruments hinder the adoption of BIM because they do not wholly support collaboration. This paper provides a review of the team collaboration literature and identifies future constructs of contract language that can be used to support the use of BIM. Potential claims and disputes are discussed with the objective of presenting a contractual framework that can be used to legitimize multidisciplinary collaboration and integration. Precedent cases involving BIM stakeholders are not frequent. However, lessons are drawn from definite attributes of collaboration with a view to addressing potential disputations around BIM. In particular, this study draws strength from case laws with decisions that are pertinent to collaborative environments and the impact of technology on construction contracts. These are contextualized toward BIM.


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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Files associated with this item cannot be displayed due to copyright restrictions.
Faculty/School / Institute/Centre: No Faculty
Faculty/School / Institute/Centre: No Faculty
Date Deposited: 04 May 2022 04:59
Last Modified: 16 May 2022 03:21
Uncontrolled Keywords: Building information modeling (BIM); Digital communication; Duty of care; Legal instruments; Professional liability
Fields of Research (2020): 33 BUILT ENVIRONMENT AND DESIGN > 3302 Building > 330299 Building not elsewhere classified
33 BUILT ENVIRONMENT AND DESIGN > 3302 Building > 330207 Quantity surveying
33 BUILT ENVIRONMENT AND DESIGN > 3302 Building > 330203 Building industry studies
Socio-Economic Objectives (2020): 12 CONSTRUCTION > 1299 Other construction > 129999 Other construction not elsewhere classified
Identification Number or DOI: https://doi.org/10.1061/(ASCE)LA.1943-4170.0000219
URI: http://eprints.usq.edu.au/id/eprint/48061

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