Mitigating Disputes and Managing Legal Issues in the Era of Building Information Modelling

Abstract

Construction disputes are inevitable. They often arise between project stakeholders for numerous reasons and to resolve them, construction professionals adopt various dispute resolution methodologies. This study aims to identify the role of building information modelling (BIM) in mitigating such disputes and addresses the legal barriers faced by the architecture, engineering and construction (AEC) industry while adopting BIM. The study reveals that disputes can be mitigated and managed efficiently with the intervention of BIM, as BIM offers various designing, planning, estimating, collaborating and controlling features. The benefits of BIM are impressive and exceptional; however, it comes with some legal issues that are first clarified and addressed with the support of a literature review and later validated through interviews with industry professionals. Dispute resolution, contractual arrangements, design responsibility, intellectual property (IP) rights and a lack of standardisation are identified as substantial concerns when adopting BIM. Thus, a strategy is proposed to manage these legal issues that entail the adoption of the appropriate contract suite, the formation of a common data environment (CDE) and the establishment of a firm BIM execution plan (BEP). Workshops, training sessions and seminars are also recommended to educate the industry with BIM features as it brings about the second revolution in the AEC industry.