Integrating BIM in construction contracts

Abstract

The use of BIM planning technologies raises a multitude of legal questions. The core task of construction contract law is to regulate the processes required to employ this planning methodology and the rights and responsibilities of the contract parties. Following an initial discussion of the new contract structures in an international context, the authors cover the regulatory aspects of work organization/ process details, rights to data, liability, BIM management and remuneration. The authors place emphasis on what they deem to be the key interests deserving consideration in contract design. Solution approaches of standard international contract models (AIA, ConsensusDocs, CIC) are presented and compared. The authors conclude that BIM neither requires a new paradigm in contract types, nor does it necessitate a new liability regime. Details regarding the use of BIM can be governed in BIM-specific contract annexes attached to individual contracts.