International Construction Law Review
WHAT IS GOING ON WITH BIM? ON THE WAY TO 6D
ANDREW CHEW AND MEREDITH RILEY1
Corrs Chambers Westgarth, Australia
Introduction
In Australia, there is increasing use of Building Information Modelling (BIM) by public and private owners. This is similar to the global trend as facility owners recognise the productivity, efficiency and quality values that can be derived from BIM technology. BIM is being introduced in a time where there is an increasing push for greater sustainability and when lifecycle costs and savings associated with on-going facilities management (FM) are as relevant as the initial delivery cost. However, BIM introduces its own unique challenges as the construction industry is learning the various issues that must be addressed in managing risks when using BIM.
One of the key issues for owners and contractors is how BIM impacts on the project delivery structure. While BIM may be widely recognised as a tool that is assisting to improve the construction industry’s productivity, there is no consistent approach towards contracting for projects using BIM or how to properly address the unique legal challenges that arise from using BIM. The current approaches that are being utilised can generally be categorised into the following:
- (1) traditional owner/contractor risk allocation;
- (2) incorporation of BIM Protocols; and
- (3) collaborative contracting.
This paper provides an overview of the current approaches to contracting for projects using BIM. Part 1 of this paper provides a general overview of BIM and Part 2 provides a general overview of the global development of BIM. Parts 3, 4 and 5 critically consider the current approaches that are being utilised for contracting for projects using BIM. Finally, Part 6 provides a brief consideration of where BIM is heading in the near future.
1. Overview of BIM2
The BIM concept uses three, four and five-dimensional models to create and manage project information about a structure, and provides a platform
1 Andrew Chew is a partner in the construction group at Corrs Chambers Westgarth. Meredith Riley is also a lawyer in the same group.
2 For a general overview of BIM see: A Chew, “Integrated Project Delivery (IPD) and the Evolving Use of Digital Technology—A New Collaborative Approach to Project Delivery” (2010) 133 Australian Construction Law Newsletter July/August at 22 and A Chew, “Old Habits Die Hard—Building Information Modelling Saves Time and Money, So Why is it Being Ignored?” (2012) 147 Australian Construction Law Newsletter, Nov/Dec, 40.
The International Construction Law Review [2013
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