A building information modelling based on contractual framework for construction of building projects

Abstract

Globally, the construction industry is focusing on the execution of building information modelling (BIM), especially within the architecture, engineering, and construction (AEC) sector. The technical challenges of BIM affect its contractual uncertainty; hence, resolving the latter will lead to addressing the former. Nevertheless, the standard form of contract is only utilised to guide contract administration and this practice produces an average performance when solving contractual matters concerning execution of BIM. Thus, the contract might not provide a complete digital description of BIM environments and might not incorporate the specific conditions and amendments related to unsatisfactory technological interoperability problems, that can impede the flow of information throughout a project’s lifecycle. This research aimed to propose a BIM-based contractual framework for building construction projects in Malaysia by determining appropriate provisions within the BIM-based contracting systems to address current practice deficiencies. In line with the latest BIM agenda set through the Public Works Department Strategic Plan 2021-2025 to reach 50% use of BIM by 2021 and 80% by 2025 in determining rational and unbiased outcomes for every BIM stakeholder, it is important to comprehend the impacts of BIM-based contract linked to the project’s technology-related challenges, process-related challenges and stakeholder-related challenges. Thus, four design and build (D-B) Malaysian construction projects were chosen as case studies. The multiple case studies were employed as an exploratory study to assess the feasibility of the proposed conceptual framework based on Malaysia’s local experiences and circumstances, that have endured BIM-based contractual challenges. Four case studies on complex building construction projects in which two were on-going while another two had been completed were purposely selected. The research methodology consisted of an initial exploratory study followed by 20 in depth semi-structured interviews. A substantial amount of archival project document data was collected using multiple triangulation techniques by means of interviews with BIM-expert stakeholders. This research explored the convergence of three core elements of BIM-based contractual framework, i.e. adequacy through uses of model information, accuracy and tolerances through scope of model information, and currency through organisation of model information towards achieving optimum BIM use, which must be offered for administrative and contractual purposes. The findings of this research show that the effectiveness of BIM-based contracts between various project stakeholders has been made possible on the basis of nine vital components of the BIM contractual provisions, namely, compensation and consideration, conditions of contract, data security, information and communication technology (ICT) protocols, intellectual property (IP), interoperability, procedures to ascertain information quality, professional liability, and legislation and judicial precedence.