Claims and Disputes Resolution Using Bim Technology and VDC Process in Construction Contract Risk Analysis

Abstract

Purpose -Building Information Modeling (BIM) technologies and Virtual Design and Construction (VDC) processes are becoming a driving force for advancing the design, construction and operation of buildings that may have the potential to reduce claims, disputes and litigation throughout the construction process. However, evidence shows that BIM isn't universally successful. To this end, this research aims to identify the most common BIM contractual risks (BCR).Design/Methodology/approach -This research intends to go further into about 22 BIM Contractual Risks that have been identified from the literature review. A questionnaire survey was made to identify the risks occurrence rate, involved parties and solutions for highest faced risks based on number of participants and their years of experience. Result analysis was based on experience years for each participant's vs each risk's parameters.Findings -The presented process mitigates the construction project participant's ability to complete the construction project under BIM collaborative environment and contracts isolation nature through the following: (1) identification and examination of about 22 BIM contractual risks, level of occurrence and solutions; (2) provide a BIM contractual framework that allows for defining each party's responsibility in BIM workflow.Research Limitations -Due to diversity in construction project, BIM based projects require an additional drafting method to the contract and provide an understanding of each party's responsibility by analyzing legal implication of BIM adoption. In addition, local legislation can provide the support needed for BIM implementations.Practical implications -Findings' implication suggests providing a legal understanding of BIM work flow through the investigation of BIM risks among

An Investigation of BIM Advantages in Analysing Claims Procedures Related to the Extension of Time and Money in the KSA Construction Industry

“…The connection between technological advances, the construction industry, and legal aspects is characterised by constant evolution, wherein advancements in one domain invariably influence others; BIM is a significant advancement in this regard [48,49]. The utilisation of BIM technology in the construction industry is subject to various factors and limitations.…”

“…This is attributed to inadequate comprehension by the parties responsible for the liability and accountability of the BIM method during the design, construction, and maintenance stages [50]. The contrasting features of BIM's collaborative nature, which facilitates a platform for sharing among those involved in the project, and the contractual nature, which tends to isolate and insulate rather than support and collaborate, have been identified as a complex difference [48].…”

“…In order to mitigate the associated risks, the parties involved in a construction project using the BIM process must sign a single legal agreement laying out their respective technical and legal responsibilities throughout the modelling phase [38,48]. Inexperience with BIM technology in a contractually based model leads to issues with the enforceability of specific regulations and agreements for BIM integration within construction projects [51].…”