Investigation of legal issues and contractual considerations associated with BIM use in construction projects

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2021-9
Kaya, Fatih
Building Information Modelling (BIM) has expanded its use worldwide in recent years, as it brings efficiency and better quality to the construction industry. This expansion also motivates researchers to investigate potential problems that may occur while adopting and using BIM. Since it has modified the nature of the relationships between the parties to differ from traditional project delivery, legal issues such as Model Ownership and Intellectual Property, Contractual Relationship of Parties, Design Liability may become more critical. Hence, institutions and authorities have published protocols and standard forms of contracts to overcome such issues. However, lately, there have been several BIM-related case-laws in the courts of leading countries in BIM, such as the UK and the USA, which noted the problems encountered due to some of the perceived legal issues mentioned above. Therefore, in this thesis, first BIM related legal issues in the literature are examined and then several BIM-related case laws from the UK and the USA are investigated and linked with perceived legal issues of BIM in the literature. Afterwords, construction contracts and protocols related to BIM are explored and current state of BIM adoption and regulations in Turkey are presented. After examining BIM-related legal and contractual issues and associated solutions of standard contract forms and ISO 19650 standards, this study offers recommendations for national contracting framework of Turkey. This study aims not only to investigate legal issues and case laws related to BIM, but more importantly, to lead the way for more effective use of BIM nationwide by making interpretations of legal cases and standards and by providing recommendations for contract documents.

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Citation Formats
F. Kaya, “Investigation of legal issues and contractual considerations associated with BIM use in construction projects,” M.S. - Master of Science, Middle East Technical University, 2021.