BIM-FM and consequential loss: how consequential can design models be?
Article
Article Title | BIM-FM and consequential loss: how consequential can design models be? |
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ERA Journal ID | 200242 |
Article Category | Article |
Authors | Olatunji, Oluwole Alfred (Author) and Akanmu, Abiola (Author) |
Journal Title | Built Environment Project and Asset Management |
Journal Citation | 5 (3), pp. 304-317 |
Number of Pages | 14 |
Year | 2015 |
Publisher | Emerald |
Place of Publication | United Kingdom |
ISSN | 2044-124X |
2044-1258 | |
Digital Object Identifier (DOI) | https://doi.org/10.1108/BEPAM-03-2014-0021 |
Web Address (URL) | https://www.emerald.com/insight/content/doi/10.1108/BEPAM-03-2014-0021/full/html |
Abstract | Purpose – Building information modelling (BIM) offers a new direction of project implementation. It promotes integration of multiple lifecycle stages as well as multidisciplinary integration; whereas conventional approaches are primed on fragmentation. The purpose of this paper is to add to existing debates on the relationship between the rationality of the legal structures underlying fragmented project delivery and BIM’s ability to successfully foster integration across different lifecycle stages. A step further from extant arguments on whether BIM could be sufficiently serviced by the same legal provisions that had serviced fragmented relationships, the study opens up some new fronts regarding the consequences of shared trusts and reciprocity in an integrated project platform. Design/methodology/approach – In addition to a deep analysis of traditional literature on BIM and project management, the study draws its strength from two recent court cases on the limitations of disclaimers against breaches. It also targets court decisions on consequential loss and the duty of care to explain project team’s liabilities when BIM could not live to its theorized promises. Findings – The study shows that disclaimers are a weak protection against liabilities. As BIM offers a dynamic project environment, the study relies on decided cases to show that duty of care to a project (and its owners) is not entirely representable by prototype contract language. More importantly, the study concludes that the applications of BIM to facilities management are better supported on BIM’s new dimension of multidisciplinary integration, rather than a mere coalescing of deliverables across different lifecycle fragments. Originality/value – This work presents a novel approach to the debate on the potentiality of BIM to drive project success. It adds to the growing discourse on the legal implications of BIM by considering the potential of digital models as a valid and admissible contract instrument. |
Keywords | Asset management; Building information modelling (BIM); Consequential loss; Disclaimer; Intellectual property; Virtual property |
ANZSRC Field of Research 2020 | 330299. Building not elsewhere classified |
330207. Quantity surveying | |
330203. Building industry studies | |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | Curtin University |
Western Michigan University, United States | |
Institution of Origin | University of Southern Queensland |
https://research.usq.edu.au/item/q7402/bim-fm-and-consequential-loss-how-consequential-can-design-models-be
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