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
* Melbourne Law School, The University of Melbourne (email: jasonchan.cs01@gmail.com). An earlier version of this paper was submitted as part of Construction Law coursework in the JD program at Melbourne Law School, The University of Melbourne. The author thanks Dr Matthew Bell for helpful comments on an earlier draft.
1 Mason, J, Innovating Construction Law: Towards the Digital Age (1st Edition) (Routledge, 2021) ISBN 9780367443528.
2 Ibid, 3.
3 Infrastructure Australia, Infrastructure Market Capacity 2024 Report (December 2024) 9, 74.
4 Mason (fn 1) i, 3.
5 Ibid, xiv.
Pt 2] Transparency, Traceability, Collaboration
123