Integrating BIM in Construction Dispute Resolution: Development of a Contractual Framework

Abstract

Building information modeling (BIM), through its data-rich digital representation of building elements, has revolutionized the architecture, engineering, and construction (AEC) industry. Facilitating the process of its implementation, several legal aspects of BIM have been discussed and standardized in the published contract systems, but legal provisions for dispute resolution through BIM are yet to be established. With more enhanced use of BIM, there is a need for a dedicated protocol for utilizing BIM in construction dispute resolution. This study aims to identify, analyze, and classify the potential legal aspects for integrating BIM into the construction dispute resolution process and thereby determine the corresponding provisions required in BIM-enabled contracts. Potential legal aspects were extracted through an analysis of published literature, including research papers, FIDIC contracts, and standard BIM contract documents. A questionnaire survey involving 140 respondents was conducted from which the 24 identified legal aspects were validated to be incorporated in BIM contracts as contract provisions. The proposed BIM-DRes framework maps the legal aspects and finalized contractual provisions with the phases of a construction project and highlights the main stakeholders associated with or affected by these aspects. The developed framework was further validated by three experts from the construction industry. This research explores this overlooked area and expands the body of knowledge on BIM-based dispute resolution, setting the ground for the extension of BIM-enabled contracts.