Impact and Remedy of Legal Uncertainties in Building Information Modeling

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.