Review and Survey of 4D Simulation Applications in Forensic Investigation of Delay Claims in Construction Projects

Abstract

Four-dimensional (4D) simulation is not frequently used in courtrooms because it is considered costly, complex, and risky. The experience in litigation systems reveals that many expert witnesses at present are not familiar with 4D simulation and are reserved about using technology. The objectives of this article are to discuss the efficiency and value of 4D simulation in construction claims as a tool for supporting legal arguments, stakeholder’s viewpoints, and interrogatory considerations. In delay claims, conventional methods, tools, and 4D simulation concepts were used. The case study considered the appropriate level of development (LOD) for claims: summary for the full scope, and detailed for event specific information. This case study was presented to seven lawyers. A survey, extended with semistructured interviews, was sent to 17 additional external construction litigation lawyers. The results show the advantages and conditions of using 4D simulation for different contractual dispute resolution situations considered in construction claims for avoidance, resolution, and litigation. The 4D simulation is developed based on building information modeling (BIM) that can be binding or nonbinding. In the latter case, it can be developed to strengthen the position of one party’s argument and visualize multiple scenarios (as-built, as-planned, claim events). Other results considering the rules of law show a list of influence factors with 4D simulation in delay claims, types of evidence, and limitations, such as suitable formats and courts for 4D simulations.