Contractual Risks of Building Information Modeling: Towards A Standardized Legal Framework

Abstract

Building information modeling (BIM) is one of most promising developments in Architecture, Engineering, Construction and Operation (AECO). The construction industry has been increasingly embracing this new technology with passing time. Such positive development, however, is marred by the lack of legal infrastructure surrounding the implementation of BIM. Thus, prior to its adoption, legal risks due to BIM should be addressed for enhanced stakeholder satisfaction and project success. It must be noted that the developing nature of BIM hinders the farsightedness due to which the currently available standard contracts lack predisposed guidelines. Therefore, this research aims to develop a contractual framework of BIM for AECO of developing and high-risk construction industries such as Pakistan. Two objectives guide this research: to identify and analyze potential legal risks associated with BIM; and to formulate a legal framework for BIM incorporation into the standard contract documents. Based on a detailed literature review, 14 legal risks were identified. Five published contract systems catering BIM were analyzed in the light of identified risks to highlight any gap and to find mitigation strategy for each risk. A questionnaire survey was conducted to select the most appropriate risk mitigation strategy obtained from published contracts for each risk. A total of 150 valid survey responses were received and analyzed. By adopting a triangulation technique, best practices were selected and formulated into a contractual framework. This research will help in standardizing contract systems paving way for smooth induction of BIM into AECO industry.