CLAIMS AND DISPUTES RESOLUTION USING BIM TECHNOLOGY AND VDC PROCESS IN CONSTRUCTION CONTRACT RISK ANALYSIS

Purpose - Building Information Modeling (BIM) technologies and Virtual Design and Construction (VDC) processes are becoming a driving force for advancing the design, construction and operation of buildings that may have the potential to reduce claims, disputes and litigation throughout the construction process. However, evidence shows that BIM isn't universally successful. To this end, this research aims to identify the most common BIM contractual risks (BCR). Design/Methodology/approach - This research intends to go further into about 22 BIM Contractual Risks that have been identified from the literature review. A questionnaire survey was made to identify the risks occurrence rate, involved parties and solutions for highest faced risks based on number of participants and their years of experience. Result analysis was based on experience years for each participant's vs each risk's parameters. Findings - The presented process mitigates the construction project participant's ability to complete the construction project under BIM collaborative environment and contracts isolation nature through the following: (1) identification and examination of about 22 BIM contractual risks, level of occurrence and solutions; (2) provide a BIM contractual framework that allows for defining each party's responsibility in BIM workflow. Research Limitations – Due to diversity in construction project, BIM based projects require an additional drafting method to the contract and provide an understanding of each party's responsibility by analyzing legal implication of BIM adoption. In addition, local legislation can provide the support needed for BIM implementations. Practical implications – Findings' implication suggests providing a legal understanding of BIM work flow through the investigation of BIM risks among construction project's parties and providing a contractual framework either in the BIM execution plan BEP or in the employer information request EIR. The presented BIM framework mitigates the likelihood of these risks rising into disputes. Originality/value – While there have been publications that investigate BIM contractual risks, they mainly provide guidelines of the risks and solutions. The following publication propose a thorough examination of BIM contractual risks, introduce a BIM framework based on industry's experts experience and the specification required in the contract, BIM execution plan regulation and legal background needed for BIM adaptation in a construction project.