Contractual Risks of Building Information Modeling: Toward a Standardized Legal Framework for Design-Bid-Build Projects

Arshad, Muhammad Farhan; Thaheem, Muhammad Jamaluddin; Nasir, Abdur Rehman; Malik, Muhammad Sohail Anwar

doi:10.1061/(asce)co.1943-7862.0001617

Cited by 53 publications

(52 citation statements)

References 35 publications

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“…There is a conflict between BIM system and traditional system [13]; lifecycle collaborative BIM remains hindered by the adversarial nature of the traditional procurement system [5]. legislation and judicial precedence [22] [23] [24].…”

Section: Conflict Of the Bim System With The Traditional Procurement Systemmentioning

confidence: 99%

“…On the respondents who had used BIM on construction projects the study established that 68.6% had, 30.0% had not and 1.1% were unsure.Respondents were also asked the stages of BIM they were in. 29.1% were in stage 0, 28.6% were in stage 1, 29.7% were in stage 2, and 12.6% were in stage 3.On BIM dimension the majority 71.4% mainly use BIM for 3D (modelling),22.3% for 5D (cost), 16.6% 4D (time), 10.3% 6D (operation), 9.7% 7D (maintenance), and 8% used 8D (safety). Majority of respondents introduced BIM at 41.1% at design stage, 28.6% at preconstruction, 2.9% construction, 1.1% maintenance, 4.6% introduce BIM in all stages while 21.7% do not use BIM in any stage.…”

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confidence: 98%

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Influence of Building Information Modelling (BIM) on Engineering Contract Management in Nairobi, Kenya

Mosse¹,

Njuguna²,

Kabubo³

2020

WJET

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Building Information Modelling (BIM) is a technology and a process that has brought changes in the construction's traditional procurement system. Kenya lacks contractual guidelines on implementation of BIM; this makes the adoption of BIM slow and difficult. Previous research has identified a gap in contractual relationships, roles and resulting risks. The objectives of this study were to investigate BIM adoption in Nairobi and to investigate the influence of BIM on Engineering Contract Management (ECM) in Nairobi Kenya. The survey research was a descriptive study with 175 responsive questionnaires. Respondents comprised of Civil Engineers, Construction Project Managers, Architects, Quantity Surveyors, Contractors and Facility Managers. Data was collected through self-administered questionnaire and in-depth interview. Descriptive analytics, correlation and Exploratory factor analysis methods were used to analyse quantitative data. Qualitative data was analysed thematically. It emerged that adoption level was at 56.6% and shallow understanding of BIM capabilities remains to be a barrier to its adoption and implementation. It also emerged that BIM improves ECM; when time, cost, quality, collaboration and return on investment improve, ECM becomes easier. Latent factors found in BIM and ECM relationship were Legal Implications, awareness and knowledge, efficiency, versatility, mandate and leadership, and competitiveness. Further, the study found out that BIM influence on ECM demands for establishment of standards, guidelines, policy, legal framework, and regulations, which can be achieved by amending the public procurement act which dictates the operation of all the other standard forms of contract. Further research should be conducted to measure whether the understanding of BIM had positively improved.

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Section: Conflict Of the Bim System With The Traditional Procurement Systemmentioning

confidence: 99%

mentioning

confidence: 98%

Influence of Building Information Modelling (BIM) on Engineering Contract Management in Nairobi, Kenya

Mosse¹,

Njuguna²,

Kabubo³

2020

WJET

View full text Add to dashboard Cite

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“…National policy initiatives range from exclusive mandatory requirements to more market-driven laissez-faire approaches, resulting in different implementation levels of digitalization in construction internationally (Edirisinghe and London 2015). Other important barriers for adoption of standards and digitalization in construction relates to the renewed requirements for legal governance, contractual systems, forms of procurement, and business models (Alreshidi et al 2016;Dixit et al 2019;Arshad et al 2019; BIM Alliance 2016).…”

Section: Problem Statementmentioning

confidence: 99%

Industrialization of construction: Implications on standards, business models and project orientation

Andersson

Lessing

2020

Organization, Technology and Management in Construction: An International Journal

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Digitalization has the potential to radically change the way buildings are designed, produced, and operated. In this digital transformation, the establishment of information standards play an important role. However, despite substantial efforts in the development of both technology and standards, these are not yet fully adopted in construction. This study aims to review the adoption of standards and to examine whether suppliers of prefabricated concrete elements have transformed their business models. The purpose is to strengthen the understanding of the interplay between the adoption of standards and business model renewal. Driving forces for the adoption of standards are identified and coupled with suppliers’ arguments for business model protection and renewal, explained in terms of a market and a hierarchy approach. The market approach embraces the adoption of open standards for improved competition and information exchange along with the further adoption of industrialized construction. This study identifies that common standards for precast elements are lacking, which leads to waste in terms of structural re-design and liability uncertainties. On the other hand, a market situation with open standards is challenging for suppliers to utilize and benefit from their existing operational platforms. Suppliers of precast elements strive for a hierarchy approach, that is, the adoption of the whole value chain, to protect their market position and continue offering structural frameworks and services. This concurs with arguments for industrialized construction, which emphasize the benefits of continuous improvements. This study contributes to the understanding of drivers and impediments for the up-take of standards versus business model renewal in construction.

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“…Research report on a number of impediments for the implementation of digital solutions and adoption of standards in construction, e.g. with references to business risks and challenges related to the implementation of new technology and work processes [12], commercial and legal barriers [13] and, requirements for legal governance and contractual systems [14,15]. Accordingly, construction digitalization and adoption to new standard systems provide thorough change processes for all stakeholders that need to reconsider their business models, protect and/or reconfigure their commercial offers and balance the risk distribution with their customers and suppliers in order to develop their competitive advantage and maintain their revenue [16].…”

Section: Problem Statementmentioning

confidence: 99%

Industrialized and Project-Based Construction - Standards Versus Business Models

Andersson¹,

Lessing²

2019

Proceedings of the Creative Construction Conference 2019

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Digitalization transforms the design, construction and operation of buildings and brings promises of integrated information exchange, ease of communication and productivity improvements for the whole construction sector. These promises depend significantly on the establishment of common information standards, i.e. rules and classification of information. However, despite rigorous efforts on development of standards and considerable technology advancements, standards are not yet fully adopted in construction and benefits from digitalization are not fully capitalized. The objective of this study is to review the adoption of standards and business model renewal for industrialized suppliers of precast concrete elements, with the purpose of reaching enhanced understanding of the mechanisms of standards adoption and business model renewal. The study identifies driving forces for adoption of standards that counteract with arguments for business renewal, explained in terms of a market versus a hierarchy approach in this context. The market approach promotes adoption of open standards for enhanced competition, ease of communication and information exchange as well as improved utilization of industrialized construction. The existing lack of common standards for precast elements, identified in this study, render e.g. waste due to structural redesign and liability uncertainties. However, on a market with open standards, the precast suppliers find it difficult to fully utilize and benefit from their existing operational platforms. Precast supplier search for adoption of the whole value chain of precast structural frameworks, i.e. a hierarchy approach, to protect their market position and maintain their business offerings of complete structural frameworks that include design, manufacturing, logistical services as well as on-site assembly. The integrated hierarchy approach concurs with arguments for industrialized construction, i.e. collecting experiences from design, manufacturing, logistics and assembly as a basis for continuous improvements. The study thus contributes to the understanding of drivers and impediments for adoption of standards versus business renewal in construction.

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Contractual Risks of Building Information Modeling: Toward a Standardized Legal Framework for Design-Bid-Build Projects

Cited by 53 publications

References 35 publications

Influence of Building Information Modelling (BIM) on Engineering Contract Management in Nairobi, Kenya

Influence of Building Information Modelling (BIM) on Engineering Contract Management in Nairobi, Kenya

Industrialization of construction: Implications on standards, business models and project orientation

Industrialized and Project-Based Construction - Standards Versus Business Models

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