Building information modeling and potential legal issues

Arensman, D B and Ozbek, M E (2012) Building information modeling and potential legal issues. International Journal of Construction Education and Research, 8(2), pp. 146-156. ISSN 1557-8771

Abstract

Building Information Modeling (BIM) is an emerging concept within the construction industry. With the increase in the utilization of BIM, it has become clear that there is some legal uncertainty in dealing with this technology. While the technology is rapidly growing in sophistication, these legal uncertainties may be acting as obstacles on BIM's wider adoption. It is important that the potential users of BIM become aware of the potential legal issues and how these issues are evolving within the companies that have been using BIM to make better informed decisions. Within this context, this article's purpose is to: (i) provide an overview of the potential legal issues associated with BIM and (ii) present the perspectives of companies (that have been involved in projects using BIM) on those potential legal issues and their experiences in dealing with those issues as gathered through semi-structured interviews. The interviews included ten professionals representing different entities in the construction industry that are primarily affected by the BIM-related potential legal issues, architects, owners, and contractors. The potential legal issues that were investigated are model ownership, right to rely, shifting of risk, standard of care, and BIM compensation.

Item Type: Article
Uncontrolled Keywords: building information modeling; legal issues; standard of care
Index terms: interview, architect, ownership, compensation, construction industry, building information modelling, legal issue, owner
Subjects: legal systems, dispute resolution, data collection methods, profession, economics, information systems, industry analysis, sociology
Topics: Legal Issues, Roles and Professions, Stakeholder Management, Research Practice, Organizational Design, Digital Applications
Descriptive scope: 4 PCTE

N.B. Descriptive scope is a count of how many of the five facets of empirical research are indicated by the words used in title, abstract and keywords. It is not intended as a judgement on the research; merely a count of the kind of word we would expect to indicate Phenomenon, Concepts, Theoretical framing, Empirical techniques, Analytical techniques. If all five are present, then a code of “5 PCTEA” will indicate this. If you feel the coding for this record is questionable, we welcome discussion around the terms we matched or the way we categorized them. The facet you would expect may not be coded, or a facet may be coded inappropriately. This can also bear on a larger question, of which facets should be treated as defining in construction management research. Please get in touch, and we will look at it. More details here