Integrating BIM in Dispute Resolution: Development of a Contractual Framework

Abstract

Building information modeling (BIM) through its data-rich digital representation of building elements has brought a revolution in the architecture, engineering, construction and operation (AECO) industry. To ease the process of its implementation number of legal aspects related to BIM have been discussed and standardized in published contract systems, but legal aspects related to dispute settlement through BIM are yet to be established. Stimulated by this need, this study aims to provide a preliminary contractual framework for “BIM-based dispute resolution’. Objectives of the study include: (1) to identify and analyze potential legal aspects for integrating BIM in dispute resolution processes; and (2) to determine the corresponding contract provisions required in BIM contracts. A questionnaire survey was conducted to obtain an industry perspective. 140 retrieved questionnaire responses were analyzed. The results indicated 25 relative contract provisions that could potentially be incorporated in BIM contracts. Subsequent to a detailed analytical discussion and validation from experts, these provisions were then assimilated into a framework. While expanding the body of knowledge on BIM-based dispute resolution this study sets the grounds for the extension of BIM-contracts