Built Environment Project and Asset Management

Contractual challenges for BIM-based construction projects: a systematic review

Ahmad Huzaimi Abd Jamil, Mohamad Syazli Fathi,
Article information:
To cite this document:
Ahmad Huzaimi Abd Jamil, Mohamad Syazli Fathi, (2018) "Contractual challenges for BIM-based
construction projects: a systematic review", Built Environment Project and Asset Management, https://
doi.org/10.1108/BEPAM-12-2017-0131
Permanent link to this document:
https://doi.org/10.1108/BEPAM-12-2017-0131
Downloaded by University of Sussex Library At 20:21 10 August 2018 (PT)

Downloaded on: 10 August 2018, At: 20:21 (PT)

References: this document contains references to 48 other documents.
To copy this document: permissions@emeraldinsight.com
The fulltext of this document has been downloaded 2 times since 2018*
Access to this document was granted through an Emerald subscription provided by emerald-
srm:573577 []
For Authors
If you would like to write for this, or any other Emerald publication, then please use our Emerald
for Authors service information about how to choose which publication to write for and submission
guidelines are available for all. Please visit www.emeraldinsight.com/authors for more information.
About Emerald www.emeraldinsight.com
Emerald is a global publisher linking research and practice to the benefit of society. The company
manages a portfolio of more than 290 journals and over 2,350 books and book series volumes, as
well as providing an extensive range of online products and additional customer resources and
services.
Emerald is both COUNTER 4 and TRANSFER compliant. The organization is a partner of the
Committee on Publication Ethics (COPE) and also works with Portico and the LOCKSS initiative for
digital archive preservation.

*Related content and download information correct at time of download.

 The current issue and full text archive of this journal is available on Emerald Insight at:
www.emeraldinsight.com/2044-124X.htm

BIM-based
Contractual challenges for construction
BIM-based construction projects

projects: a systematic review

Ahmad Huzaimi Abd Jamil
Razak Faculty of Technology and Informatics, Universiti Teknologi Malaysia,
Received 8 January 2018
Kuala Lumpur, Malaysia and Revised 11 March 2018
Faculty of Industrial Management, Universiti Malaysia Pahang, 11 July 2018
Accepted 11 July 2018
Kuantan, Malaysia, and
Mohamad Syazli Fathi
Downloaded by University of Sussex Library At 20:21 10 August 2018 (PT)

Razak Faculty of Technology and Informatics, Universiti Teknologi Malaysia,

Kuala Lumpur, Malaysia and
Occupational Safety and Health (OSHE) Unit, Universiti Teknologi Malaysia,
Kuala Lumpur, Malaysia

Abstract
Purpose – Building information modeling (BIM) has been proven to enable outstanding results in
construction processes by enhancing knowledge sharing with regard to a building or facility throughout its
life cycle from the conceptual design to facility management. The purpose of this paper is to investigate the
extent to which the use of BIM has impacted the legal and contractual implications of the existing
construction contracts for aligning the three sets of relevant development domains: BIM functionality,
contract procurement methods, and BIM legal and contractual issues to enhance the efficient use of
valuable resources.
Design/methodology/approach – This exploratory study was undertaken by analyzing the literature
using a novel approach involving a matrix that juxtaposes BIM functionalities for each project life cycle with
contract procurement methods. As part of the study, 28 interactions of BIM legal and contractual issues have
been identified, as representing positive and negative interactions.
Findings – The interaction matrix framework that juxtaposes BIM functionalities and procurement methods
highlights the theoretical and practical relationships identified between the methods. It also simultaneously
recognizes the constructive and destructive interactions between these development domains by means of
critically identifying the possible interactions of the legal and contractual aspects of both the BIM project
procurement and the practical aspects of BIM project delivery.
Originality/value – The present study contributes to the existing literature by extensively identifying the
probable interactions of contractual issues within BIM functionality with contract procurement methods
throughout the life cycle of a building construction project.
Keywords Procurement, Contracts, Construction management, BIM, Contract law, Project management,
Building information modelling, Contractual challenges
Paper type Conceptual paper

1. Introduction
In the arena of building construction, building information modeling (BIM) has been
described as technologically both transformative and disruptive. Some yardstick
measurements that were commonly employed to verify technological outcomes are the
efficiency benchmarks defined by international standards for architectural, engineering and
construction (AEC), and several other services related to building (Ashcraft, 2008;
Chen et al., 2015). Besides, in the course of collecting information in relation to a building or a
facility, knowledge sharing is often promoted in BIM. Such a process culminates in a
complete lifecycle by means of definite decision making right from the conceptual design Built Environment Project and
Asset Management
phase through to demolition (Azhar et al., 2012; McAdam, 2010). In addition, BIM is widely © Emerald Publishing Limited
2044-124X
seen as a multidisciplinary integrated information technology source that addresses issues DOI 10.1108/BEPAM-12-2017-0131
 BEPAM that can be either valuable or detrimental in the construction field (Olatunji and
Akanmu, 2015). In this regard, Chen et al. (2015) and Kuiper and Holzer (2013) have argued
that such a model has been recognized as adversarial, fragmented and essential for a
revolution of culture. It is worthy of note that some issues associated with legal matters have
been identified as potentially deserving attention. This is in order to generate beneficial
results in BIM (Kuiper and Holzer, 2013; Stewart and Mohamed, 2003). A contractual link
exists at the center of the procurement process involving the various participants, in which
the contract procurement methods are employed to deliver a construction project through
the implementation of BIM (MohammadHasanzadeh et al., 2014; Porwal and Hewage, 2013).
However, the designing, construction and commissioning of projects typically precede the
use of life-cycle BIM for the delivery of projects in the event of applying the contractual
frameworks to govern them (Holzer, 2015; Kuiper and Holzer, 2013).
In addition, this may cause obstruction rather than supporting BIM use. Consequently,
Downloaded by University of Sussex Library At 20:21 10 August 2018 (PT)

it has a significant impact on the ways through which the project stakeholders collaborate
and the legal implications that can emerge from any disputes. It is, therefore, crucial to
understand the purpose of BIM functionality and the way it benefits a project, which is
likely to facilitate the essential foundations that form the applicable contractual context
(Kuiper and Holzer, 2013; Stewart and Mohamed, 2003). Nevertheless, very few studies
have been reported in the literature and most of them have not dealt with these
industry-wide trends in formulating a standard form of BIM contract by means of
critically aligning BIM functionality with legal and contractual issues to enhance project
stakeholders’ collaboration. In this regard, the research question of the present study is
as follows:
RQ1. To what extent have BIM-related contractual aspects provided a sufficient
consideration of the issues that are unique to BIM implementation and ensured
that they have been addressed?
In an attempt to answer this question, the present study began by laying out the theoretical
dimensions of BIM use and thematically reviewing the existing literature considering the
major legal and contractual concerns. The following section of this paper explains a formal
exposition of the findings by defining the interrelationships identified between the ideas
which can fill the gaps by exploring the extent of the validity of such interactions by means
of the advancement of the BIM contractual context as the concepts under investigation are
considered relatively novel.

2. Research methodology
2.1 Inclusion criteria
The following criteria were considered in selecting the appropriate articles that match the
keywords of this study, namely: BIM implementation, Contracts, Issues, Legal Risks,
Procurement; those that were published between 2002 and 2017; and were written in
English. The BIM Maturity Model by Bew and Richards (2008) (UK) reported that the
construction industry had progressed beyond the government targets and was working at
Level 3 BIM and exploiting the benefits of a fully collaborative single model environment
toward achieving its goal by 2016. Within this timeframe, there were emerging issues
concerning the enforceability of some regulations and terms and the integration of BIM
within projects.

2.2 Search strategy

Studies matching the inclusion criteria were searched in the following electronic databases:
Elsevier, Emerald Insight and ACM Digital Library. Every study was independently
evaluated by peer reviewers and its suitability was determined with the agreement of
 acceptance standards. The studies were examined to identify the practical implications BIM-based
involved in executing BIM, especially those involved with developing a contract form that construction
reflects the BIM implementation. projects
2.3 Systematic review and content analysis
The processes and practices for BIM execution are critically reviewed and the generated
themes will be retrieved deductively from related previous studies. Thematic evaluations
are performed to unravel the legal implications of BIM (Boyatzis, 1997). In this section, the
researchers propose 28 relevant distinct interactions of BIM contractual and legal issues on
the basis of the evidence emerging from research and practice. The literature review was
conducted through content analysis of secondary data sources such as existing academic
literature and BIM-based contract documents focused on theoretical models and empirical
studies of BIM legal and contractual issues, namely, case-orientated studies related to
Downloaded by University of Sussex Library At 20:21 10 August 2018 (PT)

criticisms of the emerging issues of BIM contracting. A comprehensive review of the

literature in Table I clearly reveals the themes and sub-themes within the currently growing
interest in BIM, particularly from the legal community, and the impact of the AEC industry
on the existing contractual structures and strategies.

3. BIM functionality
According to Sacks et al. (2004), all BIM tools share the fundamental requirement of
parametric object modeling. The application of parametric constraints includes identifying
the related vital functionality features provided by BIM technology for compiling, editing,
evaluating and reporting information about building projects (Tolman, 1999). Furthermore,
to avoid a priori assumptions regarding the advantages and disadvantages of their use with
regards the principles of the contract procurement method, the subsequent sections have
been carefully phrased to express the bare functionality as listed in Table II. They are
drawn primarily from Eastman et al. (2009), Sacks et al. (2004), Becerik-Gerber et al. (2012),
Love et al. (2014) and Volk et al. (2014).

3.1 Visualization of form ( for aesthetic and functional evaluation)

It is worthy of note that all BIM systems have the ability to provide some degree
of realism in the designs. This will eventually make the building designs more
user-friendly to nontechnical project participants and stakeholders than is possible with
technical drawings.

3.2 Rapid generation of multiple design alternatives

The parametric relationships and behavioral “intelligence” that maintain design coherence
and the automated generation and layout of detailed components enable the designers to
manipulate the design geometry efficiently. In their recent review, Eastman et al. (2009)
revealed that the development of this functionality is well beyond the proof-of-concept stage
even though it is still limited in scope.

3.3 Maintenance of information and design model integrity

Since each piece of information is stored in BIM tools immediately without any common
repetition in drawing systems, this capability can be achieved. Also, the automatic
clash-checking capabilities of model integration software tools are utilized in identifying and
removing the physical clashes between model parts. Consequently, the geometric integrity
is enhanced.
 BEPAM Index
(theme) Explanation (sub-themes) Sources

Compensation and consideration

1 Implementation costs: BIM-based costs of implementation Ashcraft (2008), Azhar et al. (2012),
at a project and business level Larson and Golden (2007) and
2 Project costs: the costs for data re-entry will need to be McAdam (2010)
recovered to enable data sharing and data security
3 Payment schedules: the ability to meet changing payment
schedules
4 Effort/reward: the contractor’s performance is a metric that
rewards the use of BIM
Conditions of contract
5 Collaboration: collaboration could be hinders, thus turning Ashcraft (2008), Azhar et al. (2012),
into sources of renunciations, disclaimers and limitations Eadie et al. (2013), Kuiper and Holzer
Downloaded by University of Sussex Library At 20:21 10 August 2018 (PT)

on data dependence (2013), McAdam (2010) and Sweet and

6 Model status: data limitations in relation to the CAD files Schneier (2013)
seem to emphasis only at the designing phase
7 Deliverables: the content of design having met the
requirements, timing of the delivery and the format/type of
electronic platform
8 Subcontracts: the head contract BIM deliverables and
requirements being both coordinated with any subsequent
subcontract with subcontractors and/or suppliers
9 E-collaboration: in order for guarantees to be considered
legal, communications via electronic medium is required to
be in written forms based on a number of jurisdictions
within the integrated contracting system
10 Punitive measures: range of measures linked to the
performance of the contractor in delivering the BIM
requirements
Data security
11 Data loss and corruption: to curb the loss of information Ashcraft (2008), Larson and Golden
and preserving the data embedded in the model (2007), Sebastian (2011), Simonian and
12 Data protection: concerns relating to the ease of Korman (2010), Sweet and Schneier
manipulating the model by project players (2013), and Wheatley and Brown (2007).
13 Access and sharing: protect the confidential data from
unauthorized individuals and to protect the integrity of
data sharing
14 Insurances: in the event of estimating the costs related to
rework resulting from data ruined or loss, suitable
insurance policies are suggested
ICT protocols
15 Process/change management: to prioritize the BIM Ashcraft (2008), Hartmann and Fischer
processes involved in administration (2008). Lin et al. (2016), Sebastian (2011)
16 Responsibilities: necessary changes in process may occur and Volk et al. (2014)
within organizations when new roles are observed
17 Communication: the contract language has to be strong,
and the required data in the documents have to be spelled
out meticulously
18 Model level of development (LOD): to handle the substance
of the model by means of the definition of five LoDs
19 BIM execution plan: to help overcome various issues
associated with both the technical and administrative
aspects of the projects based on BIM
Table I.
Explanations of BIM
contracting issues (continued )
 Index
BIM-based
(theme) Explanation (sub-themes) Sources construction
projects
Intellectual property
20 Ownership of BIM model and data: the ownership of Ashcraft (2008), Haynes (2009), Hafsi
copyright when the model is created (2017), Larson and Golden (2007),
21 Confidential/proprietary information: the trademark Simonian and Korman (2010), and
embedded into BIM, which may leak among contenders Wheatley and Brown (2007).
22 Ongoing protection: the requirements for ongoing
intellectual property and access to information project
rights
23 Licensing for use: it requires the contractor to obtain IP
licensing for almost all aspects of the project
24 Indemnity insurance: the contract requires the contractor
Downloaded by University of Sussex Library At 20:21 10 August 2018 (PT)

to take responsibility for any claims for breaches of IP data

provided for the contract
Interoperability
25 Technology compatibility: compatibility between BIM Ashcraft (2008), Bryde et al. (2013),
authoring, analysis and auditing software is considered Eadie et al. (2015), Eastman et al. (2009),
necessary at the pragmatic level Haynes (2009), Larson and Golden
26 Transfer procedures: attempts to include transfer protocols (2007), McAdam (2010), Sebastian
such as the file format, data exchange monitoring and (2011), and Wheatley and Brown (2007).
correction of blunders for data transfer is imminent
27 Responsibility: the responsibility in managing process and
its related error rectification
28 Auditing: the processes of recording and auditing require
the attention of the members to help trail any changes and
exchange of data among project members Table I.

3.4 Automated generation of drawings and documents

Despite the fact that varying degrees of automation for the initial generation of drawings
and documents are offered by different BIM software packages, some user input for custom
annotation is needed in most BIM software. BIM automatically maintains the integrity
between the model and the reports as it automatically propagates any model changes to the
reports (Eastman et al., 2009).

3.5 Collaboration in design and construction

There are two ways to express the collaboration in design and construction (Volk et al., 2014).
The first is “internally,” which refers to simultaneous editing of the same model by multiple
users within a single organization or discipline. Second is “externally,” which concerns
the design coordination, in which multiple modelers simultaneously view merged or separate
multidisciplinary models.

3.6 Rapid generation and evaluation of construction plan alternatives

Many commercial packages offer four-dimensional (4D) visualization of construction
tasks and the modeling of dependencies and prerequisites, for instance: the employment of
space, information and safety reviews, completion of preceding tasks and resources such
as crews, materials, equipment, etc. This is done so that the changes in plans can be made
and evaluated within hours by means of libraries of construction method recipes.
Hence, this enables the distinct event simulation of construction techniques and plans
(Li et al., 2009).
 BEPAM Stage Functional area and function visualization Row key

Design Visualization of form for aesthetic and functional evaluation A

Rapid generation of multiple design alternatives B
Maintenance of information and design model integrity C
Single information source D
Automated clash checking E
Automated generation of drawings and documents
Design and fabrication Collaboration in design and construction F
detailing preconstruction Multiuser editing of a single discipline model G
Multiuser viewing of merged or separate multidiscipline models
Preconstruction and Rapid generation and evaluation of construction plan alternatives H
construction Automated generation of construction tasks I
Construction process simulation J
4D visualization of construction schedules K
Downloaded by University of Sussex Library At 20:21 10 August 2018 (PT)

Online/electronic object-based communication L

Visualizations of process status M
Online communication of product and process information N
Computer-controlled fabrication O
Integration with project partner (supply chain) databases
Provision of context for status data collection on site/off site
Operations/facility Mobile localization of building resources P
management Digital asset with real-time data access Q
Space management/tracking changes R
Table II. Renovation/retrofit planning and feasibility S
BIM functionality Maintainability/safety management T

3.7 Online/electronic object-based communication

To date, online communication has mostly been restricted to the use of project intranets.
With regards to the implementation of process plants, more advanced model servers that
incorporate product information in BIM tools with process information from enterprise-wide
information systems have been used. The graphic building model views are the innovative
tools that enable workers in construction environments to receive information and
visualizations of process and product status (Sacks et al., 2009).

3.8 Direct information transfer to support computer-controlled fabrication

By means of using numerically controlled machines, Eastman et al. (2009) suggest direct
information transfer to support the computer-controlled fabrication of construction
components (rebar, structural steel members, etc.). Also, the product specifications that
originate in the building models have made business-to-business integration possible
between companies that collaborate in construction projects.

3.9 Mobile localization of building resources

The facility management (FM) personnel must locate the building components (equipment,
materials, etc.) on a daily basis. For efficient problem detection and resolution, prompt
reaction is critical (Becerik-Gerber et al., 2012). Conventionally, FM personnel depend on a
paper-based facility map and subjective judgment based on experience when performing
daily procedures (East et al., 2013). Notably, Lin et al. (2016) shed a new light on this matter
by proposing a better value-for-money approach using a barcode-based system.

3.10 Digital assets with real-time data access

Parsanezhad (2015) refers to processed data as information which is placed in the
appropriate context. Massive building data are collected in files using the industry
 foundation classes model; the values added for the operation and maintenance (O&M) BIM-based
phase are selected using a Construction Operations Building Information Exchange construction
spreadsheet, and they are then structured into context-based information. Notably, O&M projects
and FM activities have to be supported by knowledge based on enhancing the BIM
capabilities in order to satisfy this need (Motawa and Almarshad, 2013).

3.11 Space management

It is of the utmost importance for asset owners to apprehend the business operations that
take place within the building asset. This is due to the fact that this knowledge is pivotal for
satisfactory space classification, adjustment of space standards, and, ultimately,
appropriate departmental allocations. Furthermore, space planners are able to employ the
visualization and coordination capabilities of BIM by streamlining the move process,
forecasting space requirements and facilitating space analysis (Becerik-Gerber et al., 2012).
Downloaded by University of Sussex Library At 20:21 10 August 2018 (PT)

3.12 Renovation/retrofit planning and feasibility

The FM team often coordinates noncapital construction depending on the scale of work and,
apparently, the contractual relationship. The historical database of existing buildings is
used as a reference for the cost estimation of the planned work and this has proven that BIM
offers a powerful foundation for studies on planning and feasibility. Moreover, remodeling,
refurbishment or demolition should be performed seamlessly as the availability of a BIM
model permits visual information on the designated structures (Volk et al., 2014).

3.13 Maintainability/safety management

In the first section of the paper, maintainability is referred to where the significance of the
collaborative approach throughout the project delivery is highlighted. During the building
life span, the BIM-enabled effective utilization of information warrants sustained
performance with a minimized upkeep cost (Parsanezhad, 2015). Becerik-Gerber et al.
(2012) suggested that studies of BIM-based maintainability should focus on the following
areas: accessibility, sustainability of materials and preventive maintenance to execute
automated maintainability studies oriented toward operational-level assessment.

4. Impact of BIM on procurement

The term “procurement” is defined as an organizational arrangement, which is utilized in
managing the process of designing and constructing a project. As an essential element in
some organizational forms, it is widely employed to accommodate building demands and
the dispersion of roles, jobs and risks (Patil and Laishram, 2016). Several documents,
including graphical representations, conjointly form construction contracts and are
employed to define the scope of work by means of enhancing BIM information management
and other relevant built environments, such as asset management, to increase operational
efficiencies (McAdam, 2010; Kuiper and Holzer, 2013). Hamdi et al. (2013) note that each
contract is a major step toward addressing some of the legal concerns, but a significant
challenge with a BIM-based contract evolution cycle is to determine the allocation of risks
and responsibilities. Further, in this regard, the projections and downsides of BIM were
observed by Holzer (2015) by means of employing a procurement approach in Australia.
Based on the contractual correlation concept illustrated in Table III, it can be learnt that the
Alliancing approach or integrated project delivery (IPD) is capable of displaying smart
digital data sharing between all project players primarily due to the elimination of legality.
These relational contracts comprise procurement, which is communal, and impartially
include the benefits and inadequacies of project players. Data sharing is considered to be
transparent for all the parties involved. It was concluded that in implementing BIM, IPD was
 Downloaded by University of Sussex Library At 20:21 10 August 2018 (PT)

methods
Table III.
BEPAM

Interaction matrix of
BIM functionality and
contract procurements
BIM-use for contract
procurement methods
BIM
functionality Construct only Design and construct Public private partnership Managing contractor Partnering Alliancing/IPD

Design
Visualization of form A 1,2,16,18,23 1,2,16,18,23 1,2,16,18,23 1,2,16,18,23 1,2,16,23 1,2,14,16,23
Rapid generation of design B 7,15,20 7,15,20 7,15,20 7,15,20 7,15,20 7,15,20
alternatives
Maintenance of information C 7,17 7,17 7,17 7,17 7,17 7,17
and design model integrity. D 20 20 20 20 20 20
E 3,15,20 3,15,20 15,20 15,20 15,20 15,20
Design and fabrication detailing
Collaboration in design and F 5,18,19 5,18,19 5,9,18,19
construction G 5,9,18,19 5,9,19 5,9,19
Preconstruction and construction Functional
Rapid generation and H 17,18 17,18 17,18 17,18 17 17
evaluation of construction I 28 28 28 28 28 28
plan alternatives J 3 3
Online electronic/object- K 21,22 6,21,22 6,21,22 6,21,22 6,21,22 6,21,22
based communication L 27,28 13 13 13 13 13
M 22 27,28 27,28 27,28 27,28 27,28
N 22 22 22 22 22
O 6,8 6,8 6,8 6,8 6,8
Operations/facility management
Mobile localization of P 18,(20),25 18,(20),25 18,(20),25 18,(20),25 18,(20),25 18,(20),25
building resources Q (25,26) (25,26) (25,26) (25,26) (25,26) (25,26)
Digital asset with real-time R 12,13,(27), 28 12,13,(27),28 12,13,(27),28 12,13,(27),28 12,13,(27),28 12,13,(27),28
data access. S (26) (26) (26) (26) (26) (26)
Space Management/ T 12,13,20 12,13,20 12,13,20 12,13,20 12,13,20 12,13,20
tracking changes.
Renovation/retrofit
planning and feasibility
Maintainability/safety
management
 the best-fit approach for contracts. On the contrary, the design and construct (DnC) BIM-based
approach is the most well known in medium and magnate projects since the transparent construction
data flow allows specialists to track their BIM models that are being employed by others projects
(Holzer, 2015).
Together with the FM services, BIM is employed to collaborate in order to help reduce
the lifecycle costs and to maximize project sustainability (Aibinu and Papadonikolaki, 2016;
Kuiper and Holzer, 2013). The attributes of BIM in several contract procurement approaches
employed in the construction industry are set out above (see Table III).

5. BIM functionality – procurement methods influence analysis

This section provides a concise summary of the techniques used to assess and categorize the
literature; they include the significant findings of the review process. Table III interlinks the
features of BIM functionality listed in Table II with various contract procurement methods
Downloaded by University of Sussex Library At 20:21 10 August 2018 (PT)

arranged in the interaction matrix framework. The framework employed to analyze

the potential interactions between each feature of BIM functionality and the principles of
the contract procurement method forms the bare matrix without cell entries. Based on the
descriptions offered for the functionality and principles, the interaction of every
characteristic of BIM functionality on contract procurement methods was evaluated.
The numbers itemized in the cells of Table III are indices to the justifications of the cell
interactions that appear in Table I. Positive contact is denoted by positive numbers and
negative interactions are represented by the indices shown in brackets.
Some of the interactions were retrieved directly from the evidence whereas others were
derived from the informed reasoning of the writers. The impact of each feature of BIM
functionality on each procurement principle was assessed according to the definitions
provided for the functionality and principles used by authors, such as Ashcraft (2008),
McAdam (2010), Olatunji and Akanmu (2015) and Kuiper and Holzer (2013), which could
inhibit the implementation of BIM contracting among project participants. The potential
interaction between the development domains, namely, BIM functionality, contract
procurement methods and BIM legal and contractual issues, cannot be justified and the
visualized advantages cannot be itemized, without empirical evidence linking these
development domains for enhanced productivity. “There are many different ways of
establishing trustworthiness, including: peer review, interviewer corroboration, peer
debriefing, prolonged engagement, negative case analysis, auditability, confirmability,
bracketing, and balance” (Creswell, 1998). Due to practical constraints, the potential
interactions were summarized and sent to relevant participants in the study, or as part of an
interview for a pilot study by means of validating the linked between the development
domains. The participants confirm whether the potential interaction is positive or negative,
this does not necessarily reflect what the participant responded.

6. Discussion
In this study, various aspects, which are of interest in terms of positive and negative
concentrations of interactions concerning specific BIM functionalities and contract
delivery procurement methods, are revealed (see Table III). In the course of implementing
BIM by means of contract delivery methods, observations and recommendations for
guiding management focus are of utmost importance. Therefore, the comprehensive
analysis illustrated in Table III reveals that the construction and academic communities
have shown interest in both the legal implications of BIM execution and the effect of BIM
on contracts for construction procurement (Eastman et al., 2009; Kuiper and Holzer, 2013;
Sweet and Schneier, 2013). It has to be noted that the highest concentration of unique
interactions within BIM functionality was observed to be at the design phase. The issue of
modeling and handling uncertain data losses and corruption during operations and FM
 BEPAM has not been extensively addressed in BIM (Volk et al., 2014). Notably, the findings of the
present study have helped justify that it is necessary to minimize rework due to the clash
detection tasks ironing out divergences in the model information, which in turn reduces
the design time and cost of projects, as well as obviating rework on-site at a later stage.
Thus, to extensively implement BIM for FM will have an impact throughout the lifecycle
of updates of BIM technologies, FM technologies and buildings (Kassem et al., 2015;
Latiffi et al., 2016).
In line with the detailing being increased at the design phase, a higher standard of care is
vital due to a liability gap between the software vendor’s limited liability warranty and the
designer’s responsibility to produce plans based on the standard of care (Ashcraft, 2008).
In such a scenario, it was argued by Sebastian (2011) that it is of the utmost importance to
achieve an understanding amongst project players in relation to the standard of care as it is
considered as an important feature of contracts for construction projects. The defined
Downloaded by University of Sussex Library At 20:21 10 August 2018 (PT)

standard of care includes extensive clarifications for professional services, changes

observed in the standard of care, their effect upon the design process, and whether a model
is a design product or part of a service (Volk et al., 2014). For instance, a designer’s higher
level of care in detailing a model may help reflect greater model reliance (Ashcraft, 2008;
Volk et al., 2014).
Furthermore, Table III reveals that interoperability has the most significant interaction
in the operations and FM of BIM functionality. The identified key problems with the
technical barriers to BIM integration into the procurement and management of facilities are
the underutilization and interoperability issues (Bryde et al., 2013; Eadie et al., 2015;
Volk et al., 2014). It is worth highlighting that the findings have appeared to suggest that
DnC applies the stance that the contractor will always have some level of responsibility for
completing the design by means of enhancing the potential for communicating information.
These findings further support the idea that the transparent flow of information within DnC
contracts enables an integrated practice for BIM-based contract administration by
streamlining the operations and maintenance system for FM (Holzer, 2015; Kuiper and
Holzer, 2013). However, the observed difference between DnC and a public–private
partnership (PPP) in this study was not significant. Another possible explanation for this is
that PPP is usually used for massive projects involving infrastructure that is identical to the
DnC approach with the integration of design and construction services in the contracts
(Patil and Laishram, 2016). As for the use of a “Managing Contractor,” the chances for BIM
collaboration among the related project players are higher. This approach incorporates a
two-stage process that enables contractors to supervise the costing at the initial conceptual
design (Holzer, 2015).
It can, thus, be suggested that the development of the BIM model right from the start of
a project may offer the potential to improve communication and avoid interoperability
issues (Chong et al., 2017; Eadie et al., 2015; McAdam, 2010). In addition, the safety
management can also be considered as part of maintainability. According to Cox and
Terry (2008), critical and sensitive data can only be secured and made accessible to those
who need it within BIM. Therefore, it is essential for the asset owners to ensure that the
protection systems for the BIM-data are established first. FM personnel are the most
liable individuals in cases of emergencies to help mitigate life-threatening risks and
facilitate the work of the emergency services. Such attempts are made through reconciling
real components with corresponding 3D models and guiding them to promptly execute the
plan of action through the system (Wetzel and Thabet, 2015). Such attempts have
significantly brought about more interactions than any other BIM functionalities as
reported in the literature. Interestingly, the impact of these interactions can be sensed
across contract procurement methods and are not limited to the BIM functionalities that
serve design activities alone.
 It is noteworthy that the interaction of BIM functionality and contract procurement BIM-based
methods in construction should be seen as a whole and complex process rather than being construction
considered as the sum of the isolated parts despite the analytical approach that is innate in projects
the interaction matrix, i.e., subdivision of the whole into parts (cells of interaction). It must be
noted that each BIM functionality supports multiple contract procurement methods
and vice versa. Thus, the identification of BIM legal and contractual issues may appear to
have a synergistic effect. For a similar reason, experts are not able to gauge all of the
possible interactions and their impacts because some of the issues will only emerge through
exploration and trialing by practitioners.
It is apparent from Table III that many processes in FM and deconstruction are not entirely
based on BIM as depicted in the interaction matrix of BIM functionality and contract
procurement methods. For these applications, the related contracts have not yet been
developed and standardized. Despite rigorously spelling out the responsibilities for handling
Downloaded by University of Sussex Library At 20:21 10 August 2018 (PT)

hazardous materials on-site within the new construction, the modification of the overall
design model to meet the existing building requirements with regard to the contracts is of
utmost importance due to the responsibility of the owner’s consultants (Azhar et al., 2012).
In terms of the effectiveness and productivity of BIM, Bui et al. (2016) asserted that BIM yields
advantages for scheduling, design, implementation and FM.
The incorporation of BIM in FM is necessary and should be apparent in order to encourage
BIM adoption. BIM can be employed among organizations that are involved in FM as a
knowledge repository in documenting the evolving facility information, as well as supporting
the decisions made by the facility manager during the operational life of a facility (Anumba
et al., 2008; Aziz et al., 2016). This is reflected in an interoperability study carried out by the US
National Institute of Science Technology. It was found that due to inefficiencies during the
O&M phase, they lost two-thirds of the estimated cost (Arayici et al., 2011; Azhar et al., 2012).
Despite the fact that updated BIM content is crucial for any maintenance, retrofitting or
deconstruction planning, the responsibility for model and content management during
maintenance/FM have not been tackled in the literature and legal frameworks. Furthermore, it
is deemed necessary for facility managers, deconstructors and consultants to have an
interdisciplinary education in order to implement BIM in existing buildings (Volk et al., 2014).
Also, the security of the data in the course of transfer must be guaranteed by means of
encryption or security file exchange server usage (Haynes, 2009). Therefore, an open standard
of care has to be implemented in the event of data being submitted for code compliance and
collaborative process, whereby the processes require the integration of interoperability into
the new contractual frameworks to be followed by the development of a new culture and
training (Chong et al., 2017; Porwal and Hewage, 2013).

7. Conclusion
The present study first examined unique methods of conceptualizing procurement practice
including the whole project life cycle and BIM contractual issues as in related previous studies.
Upon gauging the ways reported, to help assess the interconnections of procurement practices
and BIM contracting issues for the whole project life cycle, a framework or taxonomy of
analyses had to be created. The framework developed in this study can be considered as
rigorous and it may serve to support future research that is either empirical or otherwise,
aiming to investigate such interactions within the development domains. Presently, BIM-based
contract administration within most firms is still on a learning curve. Therefore, the framework
and the analysis involved in the present study can be considered as an exemplar to motivate
the design of a BIM-enabled contractual framework. In terms of methodology, as the present
study has proposed a conceptual framework for analyzing the alignment of the development
domains, it is therefore safe to argue that constructive/design research depends on the
dimension being considered for investigation. It may also equally enable project stakeholders
 BEPAM to articulate their performance requirements and help them to identify any potential conflicting
issues throughout the life cycle of a project. Upon comprehensively reviewing the literature, the
28 significant issues presented as hypotheses are intended to help guide and stimulate
future studies in this domain. It is the researchers’ expectation that with the accumulation of
more evidence, more of these hypotheses will be borne out, at the same time; some of them
may prove to have different results from those postulated. Nevertheless, the argument of a
significant synergy between the development domains appears to have been strongly
supported by the sheer number of the constructive interaction mechanisms.

References
Aibinu, A. and Papadonikolaki, E. (2016), “BIM implementation and project coordination in design-build
procurement”, Proceedings of the 32nd Annual ARCOM Conference, September 5-7, Manchester,
Downloaded by University of Sussex Library At 20:21 10 August 2018 (PT)

pp. 15-24.
Anumba, C.J., Issa, R.R.A., Pan, J. and Mutis, I. (2008), “Ontology-based information and knowledge
management in construction”, Construction Innovation: Information, Process, Management,
Vol. 8 No. 3, pp. 218-239.
Arayici, Y., Coates, P., Koskela, L., Kagioglou, M., Usher, C. and O’Reilly, K. (2011), “Technology
adoption in the BIM implementation for lean architectural practice”, Automation in
Construction, Vol. 20 No. 2, pp. 189-195.
Ashcraft, H.W. (2008), “Building information modeling: a framework for collaboration”, Construction
Lawyer, Vol. 28 No. 3, pp. 1-14.
Azhar, S., Khalfan, M. and Maqsood, T. (2012), “Building information modelling (BIM): now and
beyond”, Construction Economics and Building, Vol. 12 No. 4, pp. 15-28.
Aziz, N.D., Nawawi, A.H. and Ariff, N.R.M. (2016), “Building information modelling (BIM) in facilities
management: opportunities to be considered by facility managers”, ASEAN-Turkey ASLI
(Annual Serial Landmark International) Conferences on Quality of Life 2016: AMER
International Conference on Quality of Life, AicQoL2016, Medan, February 25-27, pp. 353-362.
Becerik-Gerber, B., Jazizadeh, F., Li, N. and Calis, G. (2012), “Application areas and data requirements
for BIM-enabled facilities management”, Journal of Construction Engineering and Management,
Vol. 138 No. 3, pp. 431-442.
Bew, M. and Richards, M. (2008), “The BIM maturity model”, Construct IT Autumn 2008 Members’
Meeting, Brighton.
Boyatzis, P. (1997), Transforming Qualitative Information: Thematic Analysis and Code Development,
Sage Publications, Oxford.
Bryde, D., Broquetas, M. and Volm, J.M. (2013), “The project benefits of building information modelling
(BIM)”, International Journal of Project Management, Vol. 31 No. 7, pp. 971-980.
Bui, N., Merschbrock, C. and Munkvold, B.E. (2016), “A review of building information modelling for
construction in developing countries”, Procedia Engineering, Vol. 164 No. 1877, pp. 487-494.
Chen, K., Lu, W., Peng, Y., Rowlinson, S. and Huang, G.Q. (2015), “Bridging BIM and building: from a
literature review to an integrated conceptual framework”, International Journal of Project
Management, Vol. 33 No. 6, pp. 1405-1416.
Chong, H.-Y., Fan, S.-L., Sutrisna, M., Hsieh, S.-H. and Tsai, C.-M. (2017), “Preliminary contractual
framework for BIM-enabled projects”, Journal of Construction Engineering and Management,
Vol. 143 No. 7, pp. 1-8.
Cox, B. and Terry, F. (2008), “Creating a BIM for emergency management”, Journal of Building
Information Modeling, Vol. Fall, pp. 24-25.
Creswell, J.W. (1998), Qualitative Inquiry and Research Design: Choosing among Five Traditions, Sage,
Thousand Oaks, CA.
 Eadie, R., Browne, M., Odeyinka, H., McKeown, C. and McNiff, S. (2013), “BIM implementation BIM-based
throughout the UK construction project lifecycle: an analysis”, Automation in Construction, construction
Vol. 36, pp. 145-151.
projects
Eadie, R., Browne, M., Odeyinka, H., McKeown, C. and McNiff, S. (2015), “A survey of current status of
and perceived changes required for BIM adoption in the UK”, Built Environment Project and
Asset Management, Vol. 5 No. 1, pp. 4-21.
East, E.W., Nisbet, N. and Liebich, T. (2013), “Facility management handover model view”, Computing
in Civil Engineering, Vol. 27 No. 1, pp. 61-67.
Eastman, C.M., Jeong, Y.S., Sacks, R. and Kaner, I. (2009), “Exchange model and exchange object
concepts for implementation of national BIM standards”, Journal of Computing in Civil
Engineering, Vol. 24 No. 1, pp. 25-34.
Hafsi, I. (2017), “Building information modelling impact on contracts 1”, PM World Journal, Vol. VI
No. Xii, pp. 1-8.
Downloaded by University of Sussex Library At 20:21 10 August 2018 (PT)

Hamdi, O., Leite, F. and Asce, M. (2013), “Conflicting side of building information modeling
implementation in the construction industry”, Journal of Legal Affairs and Dispute Resolution in
Engineering and Construction, Vol. 6 No. 3, pp. 1-8.
Hartmann, T. and Fischer, M. (2008), “Applications of BIM and hurdles for widespread adoption of BIM
2007 AISC-ACCL Econstruction roundtable event report”, Stanford University, Stanford.
Haynes, D. (2009), “Reflections on some legal and contractual implications of Building Information
Modelling (BIM)”, Construction Watch, Vol. 2 No. 9, pp. 1-4.
Holzer, D. (2015), “BIM for procurement-procuring for BIM”, paper presented at 49th International
Conference of the Architectural Science Association: Living and Learning: Research for a Better
Built Environment (ANZAScA 2015), December 2-4, Melbourne, pp. 237-246.
Kassem, M., Kelly, G., Dawood, N., Surginson, M. and Lockley, S. (2015), “BIM in facilities management
applications: a case study of a large university complex”, Built Environment Project and Asset
Management, Vol. 5 No. 3, pp. 261-277.
Kuiper, I. and Holzer, D. (2013), “Rethinking the contractual context for Building Information Modelling
(BIM) in the Australian built environment industry”, Australasian Journal of Construction
Economics and Building, Vol. 13 No. 4, pp. 1-17.
Larson, D. and Golden, K. (2007), “Entering the brave new world: an introduction to contracting for
building information modeling”, Mitchell Law Review, Vol. 75, pp. 75-108.
Latiffi, A.A., Brahim, J. and Fathi, M.S. (2016), “Transformation of Malaysian construction industry
with building information modelling (BIM)”, MATEC Web of Conferences, EDP Sciences, Kuala
Lumpur, March 7-8.
Li, H., Chan, N., Huang, T., Guo, H.L., Lu, W. and Skitmore, M. (2009), “Optimizing construction
planning schedules by virtual prototyping enabled resource analysis”, Automation in
Construction, Vol. 18 No. 7, pp. 912-918.
Lin, Y.C., Chen, Y.P., Huang, W.T. and Hong, C.C. (2016), “Development of BIM execution plan for BIM
model management during the pre-operation phase: a case study”, Buildings, Vol. 6 No. 1,
pp. 1-14.
Love, P.E., Matthews, J., Simpson, I., Hill, A. and Olatunji, O.A. (2014), “A benefits realization
management building information modeling framework for asset owners”, Automation in
Construction, Vol. 37, pp. 1-10.
McAdam, B. (2010), “Building information modelling: the UK legal context”, International Journal of
Law in the Built Environment, Vol. 2 No. 3, pp. 246-259.
MohammadHasanzadeh, S., Hosseinalipour, M. and Hafezi, M. (2014), “Collaborative procurement in
construction projects performance measures, case study: partnering in Iranian construction
industry”, Procedia – Social and Behavioral Sciences, Vol. 119, pp. 811-818.
Motawa, I. and Almarshad, A. (2013), “A knowledge-based BIM system for building maintenance”,
Automation in Construction, Vol. 29, pp. 173-182.
 BEPAM Olatunji, O.A. and Akanmu, A. (2015), “BIM-FM and consequential loss: how consequential can design
models be?”, Built Environment Project and Asset Management, Vol. 5 No. 3, pp. 304-317.
Parsanezhad, P. (2015), “An overview of information logistics for FM&O business processes”,
10th European Conference on Product and Process Modelling 2014, Vienna, September 17-19,
2014, pp. 719-725.
Patil, N.A. and Laishram, B.S. (2016), “Sustainability of Indian PPP procurement process”,
Built Environment Project and Asset Management, Vol. 6 No. 5, pp. 491-507.
Porwal, A. and Hewage, K.N. (2013), “Building information Modeling (BIM) partnering framework for
public construction projects”, Automation in Construction, Vol. 31, pp. 204-214.
Sacks, R., Eastman, C.M. and Lee, G. (2004), “Parametric 3D modeling in building construction with
examples from precast concrete”, Automation in Construction, Vol. 13 No. 3, pp. 291-312.
Sacks, R., Treckmann, M. and Rozenfeld, O. (2009), “Visualization of work flow to support lean
construction”, Journal of Construction Engineering and Management, Vol. 135 No. 12,
Downloaded by University of Sussex Library At 20:21 10 August 2018 (PT)

pp. 1307-1315.
Sebastian, R. (2011), “Changing roles of the clients, architects and contractors through BIM”,
Engineering Construction and Architectural Management, Vol. 18 No. 2, pp. 176-187.
Simonian, L. and Korman, T. (2010), “Legal considerations in the United States associated with
building information modeling”, paper presented at the COBRA 2010 CIB W113 Law & Dispute
Resolution, Paris, September 2–3, pp. 341-349.
Stewart, R.A. and Mohamed, S. (2003), Integrated Information Resources: Impediments and Coping
Strategies in Construction, The Australian Centre for Construction Innovation, University of
New South Wales, Sydney.
Sweet, J. and Schneier, M. (2013), Legal Aspects of Architecture, Engineering and the Construction
Process, 9th ed., Cengage Learning, Stamford, CT.
Tolman, F.P. (1999), “Product modeling standards for the building and construction industry: past,
present and future”, Automation in Construction, Vol. 8 No. 3, pp. 227-235.
Volk, R., Stengel, J. and Schultmann, F. (2014), “Building Information Modeling (BIM) for existing
buildings - literature review and future needs”, Automation in Construction, Vol. 38, pp. 109-127.
Wetzel, E.M. and Thabet, W.Y. (2015), “The use of a BIM-based framework to support safe facility
management processes”, Automation in Construction, Vol. 60, pp. 12-24.
Wheatley, B. and Brown, T. (2007), “An introduction to Building Information Modeling”,
The Construction Lawyer, Vol. 27 No. 4, pp. 33-36.

Corresponding author
Mohamad Syazli Fathi can be contacted at: syazli@utm.my

For instructions on how to order reprints of this article, please visit our website:
www.emeraldgrouppublishing.com/licensing/reprints.htm
Or contact us for further details: permissions@emeraldinsight.com