Comparative Study of Building Information Modeling–Impacted Provisions in the Standard Forms of Construction Contracts

Abstract

Building information modeling (BIM) has been operating in Malaysia for over 10 years with various anticipations and strong governmental support. However, the acceptance and application of BIM remain slow and below the targeted goal. Until recently, many construction players continued to face various challenges and difficulties when implementing BIM, particularly in the contractual and procurement aspects of the implementation. The Malaysian standard forms of contract still lack contractual conditions related to the incorporation of BIM provisions to support BIM uses in the current contractual setting. Therefore, this study examined and compared the available provisions in the local standard forms of contract with BIM provisions from overseas practice to identify some of the affected contract conditions on BIM processes. A literature study on the current implementation of BIM and its importance to construction contracts, including the seven local standard forms of contract and seven overseas BIM contracts and protocols, was performed as a data collection exercise. The content analysis derived four key themes encompassing 20 contract provisions that could be improvised according to the purpose of BIM-based projects. The four themes are (1) new BIM roles and responsibilities, (2) coordination process that aligned with contract administration, (3) BIM-based contract documentation, and (4) rightness to claim loss and/or expenses arising from BIM implementation. The findings were then validated by five experts to ascertain the applicability of the proposed BIM-impacted provisions for the local context. This research concluded that most of the existing local standard forms do not incorporate BIM contractual conditions in safeguarding the correct allocation of risks throughout the BIM project life cycle. It was recommended that the current context of construction contracts considering best practices from the overseas guidelines and incorporating digital and technological considerations should be conceptualized, increasing the effectiveness of BIM in the Malaysian construction industry. Despite more than a decade of BIM applications in the construction industry, the contractual contextualization of BIM integration still lags behind expectations, particularly in developing countries such as the Malaysian construction industry. Additionally, the unavailability of BIM contract provisions could increase legal risks in real project implementation. This study suggests enhancing the BIM contract provisions in the Malaysian standard forms of construction contracts due to the absence of specific BIM provisions and the lack of contractual requirements in the existing BIM guidelines. The study benchmarks international BIM contract provisions to understand how risk allocations can enhance BIM collaboration. Notably, it highlights the need for policymakers to revise and update the local standard forms of contract, drawing insights from overseas practices. The comparative analysis contributes to the academic discourse on construction contract management and provides practical guidelines for industry practitioners to enhance the effectiveness and efficiency of BIM implementation. The application could also benefit various project stakeholders by giving them a standardized understanding of BIM contractual considerations, including new roles and responsibilities aligned with the client’s needs and BIM deliverables at various project life cycles.