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Raja Berema 2023 IOP Conf. Ser. Earth Environ. Sci. 1217 012006
Raja Berema 2023 IOP Conf. Ser. Earth Environ. Sci. 1217 012006
a)
Corresponding author: zulhabri@uitm.edu.my
Abstract. Building Information Modeling (BIM) has been highlighted as one of the emerging
technologies following the Industrial Revolution 4.0 (IR 4.0) within the Malaysian construction
scene. Its potential includes the ability to enhance a project’s collaborative aspect within a
project. The application, however, remains slow in comparison to the push by the Malaysian
government to be at par with developed nations. In particular, the contractual aspect does not
accommodate Building Information Modeling (BIM)’s process. As a result, gaps and doubts
rise for industry players as the construction industry maintains its old ways of doing things.
This paper, therefore, is aimed to uncover existing standard forms of contract for BIM public
projects in Malaysia. Results have found Malaysian public projects to often adopt the Public
Works Department (PWD) Standard Form of Contract as a reliable form of contract adopting
the design and build procurement method. Following the research outcome, a contractual
framework for the adoption of BIM within the construction industry is to be devised.
1. Introduction
Building Information Modeling (BIM) have often been highlighted within the Malaysian construction
scene. The technological adoption, nonetheless, brought about challenges to the present method of the
construction process. Its potential includes highlighting and visualising inefficiencies in construction
accuracy. While efforts are made to address its general usage, further aspects of BIM project
management are to be looked into. Contractual solutions within Malaysia have conservatively
followed through traditional contracting with efforts made toward smart contracting [1]. Despite so,
contractual aspects have been disregarded despite digitalisation thus leading to the disparity. In
addition, gaps found in its current contracts hamper governmental efforts in furthering its usage. In
addition, organisations face difficulties in embracing the innovative revolution of digitalisation. As the
traditional system is overcome by digitalised innovation, a need for the identification of public
projects’ contract performance in the Malaysian construction scene is imperative. This evaluation is
towards further research in benchmarking the Malaysian public project contractual aspects against
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Published under licence by IOP Publishing Ltd 1
ICRMBEE2023 IOP Publishing
IOP Conf. Series: Earth and Environmental Science 1217 (2023) 012006 doi:10.1088/1755-1315/1217/1/012006
advanced nations and the eventual contractual framework for Malaysian BIM public projects in the
construction industry.
2. Literature Review
Table 1. List of Malaysian BIM public project status, types and projects to date.
Project Status Type Project Name
Community Facility - Fakulti Kejuruteraan Elektrik Dan Elektronik (FKEE), Universiti
Education Tun Hussein Onn Malaysia (UTHM), Batu Pahat
Sekolah Kebangsaan Tanjung Minyak 2
Completed Sekolah Menengah Kebangsaan Meru Raya, Ipoh
Makmal Sains Kolej MARA, Banting
Community Facility - Klinik Kesihatan 5, Maran
Healthcare Institut Kanser Negara (IKN)
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ICRMBEE2023 IOP Publishing
IOP Conf. Series: Earth and Environmental Science 1217 (2023) 012006 doi:10.1088/1755-1315/1217/1/012006
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ICRMBEE2023 IOP Publishing
IOP Conf. Series: Earth and Environmental Science 1217 (2023) 012006 doi:10.1088/1755-1315/1217/1/012006
standard forms of contracts. More often, contracts are bound for misinterpretation [11]. Therefore,
modification and amended revisions are to be looked at as an alternative towards the theoretical
realisation of an ‘ideal’ contractual standard [10].
Collectively, Malaysia adopt various forms of contract with the Public Work Department (PWD)
Standard Form of Contract used for public projects, the Malaysian Institute of Architects (Pertubuhan
Arkitek Malaysia – PAM) Form of Building Contract for private projects and International Federation
of Consulting Engineers (FIDIC) Standard Form of Contract for international projects [3, 11].
Nonetheless, other types of contracts include the Construction Industry Development Board (CIDB)
Standard Form of Contract and the Institute of Engineers, Malaysia (IEM) Standard Form of Contract
[11, 12, 13, 14, 15] and the Joint Contract Tribunal (JCT) [14, 16]. Mentioned [17,18], improvisation
to present collaborative processes involving BIM requires revisiting as gaps remain apparent in its
legal and contract implementation. This is furthered by [19] with legal issues highlighted to be void
within the present contract primarily within PWD 203A and PAM 2018.
The PWD standard form of contract is the selected contract of choice available to be incorporated
within public local projects. In total, seven (7) variations are available deriving from the main PWD
Standard Form of Contract. The contract variations include the PWD 75, PWD 75/05, PWD 203 Form
(Rev 10/83), PWD 203A Form (Rev 10/83), PWD 203N Form (Rev 10/83), PWD 203P Form (1983)
and PWD DB/T Form (2000 Ed). Further findings have been identified as per Table 2 subsequently.
3. Research Methodology
The research is to undergo a systematic review focused on the analysis of BIM public project
contractual strategy within the existing mode of contracting. This is to provide a clear identification of
the research goal backed by exhaustive evidence of the research towards a descriptive analysis
following the [20] review selection tool. While the availability of a standard form is expansive, it falls
short of an ‘ideal’ contractual understanding of the concept of BIM which is relatively new within the
construction industry. The insufficient establishment among contracting parties of the contractual
legalese opens up gaps in the body of knowledge to encourage industry players to further place
confidence in the advancement and possibilities brought by the technology. Hence, a systematic
review allows for the identification of trends and patterns of BIM publications focused on public
projects in Malaysia.
Following this, the research undergoes an extraction of data from electronic databases within
SCOPUS and Web of Science (WOS). The process of the review follows through data selection of
publications from 2019 to 2023 and the selection of keywords primarily of ‘BIM’, ‘BIM contract’, and
‘Malaysia’ to identify articles related to BIM public projects in Malaysia. This analysis is coined as a
thematic analysis following a certain constructed theme and pattern [23]. From a total of 19168
articles on BIM identified, 566 results were found of BIM contracts with only 33 synonymous with
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ICRMBEE2023 IOP Publishing
IOP Conf. Series: Earth and Environmental Science 1217 (2023) 012006 doi:10.1088/1755-1315/1217/1/012006
BIM, contract and Malaysia. The search strings for SCOPUS and WOS have been listed in Table 3
below with a further flowchart of the review as per Figure 1 that follows.
4. Findings
From the 23 nos. of sources identified ranging from 2019 to 2023, further review of the articles found
within both databases has been analysed. SCOPUS highlighted four (4) studies were done in 2021 and
one (1) study each for 2019 and 2020. The WOS, meanwhile, published two (2) in 2019, one (1) in
2020, two (2) in 2021 and one (1) in 2022. In retrospect, out of the twelve (12) studies of six (6)
eligible data from SCOPUS and six (6) eligible data from WOS, two (2) duplicates have been
identified. Hence, only ten (10) sources have been found eligible with the criteria ascertained towards
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ICRMBEE2023 IOP Publishing
IOP Conf. Series: Earth and Environmental Science 1217 (2023) 012006 doi:10.1088/1755-1315/1217/1/012006
BIM contractual solutions of Malaysian construction projects. The data has been identified as per
Table 4 subsequently.
Table 4. Reviewed BIM contractual research based in Malaysia from 2019 to 2023.
Year SCOPUS WOS
2019 1 2
2020 1 1
2021 4 2
2022 Nil 1
2023 Nil Nil
Total 6 6
Following the ten (10) legible studies, further identification of research background and BIM
contracts for public projects have been listed. Through the studies, only three (3) sources of S1/W5, S2
and S4/W6 have highlighted BIM public contracts following the PWD 203A contract with two (2)
studies found within both SCOPUS and WOS through S1/W5 and S4/W6. Six (6) studies of S3, S5,
S6, W1, W2, W3 and W4 while highlighting BIM contract in Malaysia does not focus on BIM public
projects. The findings have been tabled out in Table 5 as follows.
Table 5. BIM research and contract solutions for public projects in Malaysia.
Public Year of
Source BIM Research Sources
Contracts Research
S1/W5 Comparative Analysis of Existing Contracts for Building Information PWD [18] 2021
Modelling (BIM) Projects in Malaysia and Selected Common Law 203A
Countries.
S2 Proposing BIM-Related Clauses in Standard Form of Malaysian PWD [19] 2021
Construction Contracts 203A
S3 Strategic Process Protocol for Building Information Modeling (BIM) Nil [17] 2021
Contract Administration in Malaysia – A Concept Paper
S4/W6 Building Information Modelling (BIM): Contractual Issues of PWD [26] 2021
Intellectual Property Rights (IPR) in Construction Projects 203A
S5 Risk Factors Towards Public-Private Partnerships (PPP) Projects Nil [24] 2020
Implementing Building Information Modelling (BIM) in the United
Kingdom (UK): A Lesson Learnt for Malaysia
S6 Contractual Issues for Building Information Modelling (BIM)-Based Nil [25] 2019
Construction Projects: An Exploratory Case Study
W1 Enhancing BIM-Based Information Interoperability: Dispute Nil [27] 2020
Resolution from Legal and Contractual Perspectives
W2 Factors Affecting BIM Implementation: Evidence from Countries with Nil [28] 2022
Different Income Levels
W3 The Propensity of Building Information Modelling and Integrated Nil [29] 2019
Project Delivery in Building Construction Project
W4 A Preliminary Review on Transaction Cost Components within the Nil [30] 2019
BIM Adopted Procurements
5. Discussions
The PWD 203A is a standard form of contract that is prominently adapted within the Malaysian
construction scene. It is a significant contract commonly used within the public sector of projects
between the Malaysian government and project parties as highlighted by various researchers [10, 12,
13, 14, 15, 16, 21]. The standard form of contract has been made in use for over 30 years [21] to the
benefit of the government in administrating its projects in its best interest [16]. Malaysia as a nation is
made up of East Malaysia and West Malaysia with thirteen states and three federal territories.
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ICRMBEE2023 IOP Publishing
IOP Conf. Series: Earth and Environmental Science 1217 (2023) 012006 doi:10.1088/1755-1315/1217/1/012006
Historically over the years, the two regions have followed different standard forms of contract. An
exemplary instance is through the contracts opted within the Malaysian public projects whereby the
PWD 203 series is often used in Sabah while the JKR Form of Contract 2006 is often used in Sarawak.
Other states meanwhile, uses both the PWD 203A and JKR Form of Contract 2006 based on projects
[10].
While the PWD 203 is a standard form based on drawings and specifications without the Bill of
Quantities, the PWD 203A, meanwhile, is a contract inclusive of Bill of Quantities which forms part
of the contract. Originally, the PWD 203 and 203A forms were of the 1931 RIBA form. It has over the
years been altered to fit the Malaysian construction scene through its addendums No 1 to 6 consisting
of corrections, revisions, and substitution of clauses within the contract. The present PWD 203A Form
has been revised in 2007 are made of 78 clauses within it produced in Bahasa Malaysia as well as
English. In the event of ambiguity or discrepancies, the Bahasa Malaysia version will be of precedence
despite both versions being incorporated within a project. To understand the contract, a JKR Guide on
the Administration of Public Works Contracts has been designed as guidance for the interpretation of
the document, nonetheless, separate and does not form part of the contract [10, 22].
6. Conclusion
The reviewed trends concerning BIM for Malaysian public projects have been found minimal with not
much focus directly towards public projects despite public projects' significance as catalysts towards
the drive and exemplary measures within the industry. While a standard form of contract fits most
general contracts, additional contractual conditions may be included within the complementary
addition of a specific contract. To understand further, the need to look into the contractual clauses is
imperative as it provides an outlook into the gap in the existing contract. This serves as a backdrop for
understanding the contractual obligation and connection of variables in supporting issues which leads
to the lack of drive to adopt BIM. Nonetheless, on a contrary, variables towards an addendum of the
contract at present are a salient factor in moving forward for Malaysian BIM public projects. While
‘bespoke’ contracts are often time-consuming and costly, the standard form of contract in Malaysia
provides the remedy for a favourable and comprehensive outline guided through legal authority and
opinion derived from lines of contract from the United Kingdom (UK). The use of these standard
forms of contract is well accepted within the industry as it has been designed by professional bodies
and authorities of general contractual conditions. Hence, the next point of study following this
research is to conduct a comparative analysis of the PWD contract against the available solution of
contractual solution from the United Kingdom (UK). As a result, a contractual framework for BIM
public projects in Malaysia's construction sector is to be established.
7. Further Works
The outcome from this research will be used towards for the development of the Malaysian BIM
public projects contractual framework.
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ICRMBEE2023 IOP Publishing
IOP Conf. Series: Earth and Environmental Science 1217 (2023) 012006 doi:10.1088/1755-1315/1217/1/012006
Acknowledgement
The authors would like to thank the Public Works Department (PWD) of Malaysia for supporting this
research under the Memorandum of Understanding (MoU) between PWD and Public Universities
(Universiti Teknologi MARA (UiTM)) in conducting the research related to Building Information
Modeling (BIM).