Liao, X; Lee, C Y and Chong, H Y (2020) Contractual practices between the consultant and employer in Chinese BIM-enabled construction projects. Engineering, Construction and Architectural Management, 27(1), pp. 227-244. ISSN 0969-9988
Abstract
Purpose: The management of building information modeling (BIM)-enabled construction projects is challenging and unstructured in nature, particularly in terms of contract administration. Even though previous studies have revealed various legal issues related to BIM, little is known regarding the contractual practices of BIM. Hence, the purpose of this paper is to explore the contractual practices between the BIM consultant and employer in detail. Design/methodology/approach: An explanatory case study was carried out on four large BIM-enabled construction projects in China. Findings: The contractual practices differed from one project to another in terms of ownership and intellectual property rights (IPRs) of the BIM model, roles of the BIM consultant, liability of the BIM consultant in the event of errors and delays of the BIM model, and BIM-related costs and payments. Some of the interesting findings are as follows: the employer shall retain the ownership and IPRs of the BIM model, the BIM consultant shall provide a warranty to ensure usability of the BIM model after project handover, the BIM consultant shall pay for damages or losses if the BIM model fails to deliver and the costs of BIM implementation shall be borne by both contracting parties. Originality/value: This study provides a fresh, realistic insight on the development of plausible contractual practices between the BIM consultant and employer and the findings can be used to improve BIM contract protocols in future projects.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | building information modelling; case study; construction; international construction; international practice; project management |
| Index terms: | implementation, project management, warranty, ownership, international construction, contracting party, legal issue, building information modelling, contract administration, case study, China, international practice, methodology, construction project, intellectual property, usability, damages, liability |
| Subjects: | legal systems, contractual arrangements, data collection methods, strategic management, user-centered design, intellectual property, practitioner, dispute resolution, information systems, liability law, performance measurement, research methods, economics, production management, Geography, contract management, project management theory and practice |
| Topics: | Organizational Design, Contract Administration, International Construction, Quality Management, Digital Applications, Design Practice, Legal Issues, Procurement, Roles and Professions, Project Management, Geographical Context, Research Practice |
| 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