i-law

International Construction Law Review

TRANSPARENCY, TRACEABILITY, COLLABORATION: REVIEWING MASON’S FRAMEWORK FOR A DIGITISED CONSTRUCTION INDUSTRY AND ITS AUSTRALIAN RESONANCE

Jason Chan*

This review considers Jim Mason’s call for construction law to support a digitally enabled industry defined by transparency, traceability and collaboration. It considers how technologies such as Smart Contracts, Building Information Modelling (“BIM”) and Distributed Ledgers could reshape traditional project dynamics by introducing more reliable information flows and automating aspects of project delivery. The analysis then turns to Australia, evaluating the extent to which Mason’s proposals align with emerging digital engineering policies and procurement practices. The review concludes that, while his vision offers a persuasive direction for reform, entrenched contractual culture and regulatory constraints limit immediate adoption.

I. INTRODUCTION

Jim Mason’s Innovating Construction Law: Towards the Digital Age proposes that construction law in the United Kingdom (“UK”) must undergo a fundamental reorientation to engage meaningfully with the digital landscape.1 He argues that 18th century contractual doctrines, still embedded in contemporary practice, are being “manipulated and mis-shaped”, much like Ptolemy’s epicycles.2 While Mason’s critique is directed at the UK, a similar tension appears in Australia, where the construction industry has been slow to treat digital innovation as a driver of long-term productivity rather than a peripheral add-on.3 What is needed, Mason contends, is a “heliocentric moment” that moves the law beyond contract-centred thinking toward principles of “transparency, traceability and collaboration”.4 The book identifies several technologies driving this shift, including Smart Contracts, BIM, Distributed Ledger Technology (“DLT”), Blockchain, Artificial Intelligence (“AI”) and Big Data. Each is positioned as a catalyst for a more productive and sustainable construction industry by reducing disputes and waste.5


Pt 2] Transparency, Traceability, Collaboration

123

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2026 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.