A Study to Mitigate Legal and Contractual Issues on the Use of Building Information Modelling (BIM) in New Zealand Construction Industry

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dc.contributor.advisor Tak Wing Yiu, TWY en
dc.contributor.author Erri Pradeep, Abhinaw Sai en
dc.date.accessioned 2019-08-19T04:04:06Z en
dc.date.issued 2017 en
dc.date.submitted 2017-07-03 en
dc.identifier.uri http://hdl.handle.net/2292/47512 en
dc.description Full Text is available to authenticated members of The University of Auckland only. en
dc.description.abstract The aim of this research project is to examine the contractual and legal issues of a BIM project and make recommendations to mitigate them. The study uses techniques of literature review and semi-structured industry personnel interviews to assess the relative importance of the identified issues and make suitable recommendations on it. In addition to this, the report has investigated the approach of promotion of BIM in few leading nations across the world including New Zealand and has found Singapore’s strategy to be the most comprehensive and robust. New Zealand is conservative in its approach and is making steady progress. Further, the study investigates the procurement models and contract documents, and suggests the use of ‘Design-Build’, ‘Novated Design-Build’ models for New Zealand market as the preferred models of procurement and the NZS 3916:2013 and NEC3 as the contracts that provide easier BIM integration. After this, the report examines BIM related documents used in construction contracts and investigates into few case studies and legal cases. The final chapter summarises the interviews conducted, which in essence suggested that the projects in which the participants were involved had issues of BIM successfully addressed through a well-articulated BIM Execution Plan. Following this section, the author analyses the identified potential problems and makes appropriate recommendations. First, in regard to IP and ownership, the contracts are suggested to reflect on IP and database rights related to BIM. The model ownership should be assigned to the client with restricted access, whereas the consultant must retain the original IP and model elements ownerships. Second, in relation to Indemnity/Liability, parties should consider checking if the designer needs to provide a warranty, assurance or indemnity as to the integrity of the model and data to avoid any unintended variation of the data transmitted. Subsequently, the report discusses Reliance on model/data, wherein parties should clearly mention the intent of the shared model/data and record these in a document such as the Model Description Document. Next, for Insurance related issues, all the participating parties need to disclose the use and extent of use of BIM in a project to their broker/insurer. Another suggestion is to run a pathway project with integrated project insurance which considerably can reduce its costs. Furthermore, on clauses relating to processes and data, it is advised that the BIM execution plan is a vital document which needs to be clear, accurate and extensive, and the project needs to have all parties on board with this document. The doctrine of Standard of Care for the architects/consultants requires them to advise their clients on the limitations and risks of BIM and understand that BIM should not affect their duty to use ‘reasonable skill, care and diligence’ on design. Next, in relation to Allocation of Risk, parties should consider relying on proportionate liability schemes and adopt a ‘knock-for-knock’ indemnities approach to avoid fault determination. Following which the report discusses Traceability, wherein, it recommends ‘freeze framing’ the BIM model at regular stages and integrating a manual or automated system log which will be transferred along with the model. To ensure Confidentiality is addressed better, a BIM information manager can control access to data, and special terms to address confidentiality specific to shared BIM models can be included in the contract/BEP document. Finally, for Clauses relating to standardisation and consistency, adoption of tools such as a BIM library, a BIM dictionary and a well-recognised framework to implement BIM is suggested. en
dc.publisher ResearchSpace@Auckland en
dc.relation.ispartof Masters Thesis - University of Auckland en
dc.relation.isreferencedby UoA en
dc.rights Items in ResearchSpace are protected by copyright, with all rights reserved, unless otherwise indicated. Previously published items are made available in accordance with the copyright policy of the publisher. en
dc.rights Restricted Item. Full Text is available to authenticated members of The University of Auckland only. en
dc.rights.uri https://researchspace.auckland.ac.nz/docs/uoa-docs/rights.htm en
dc.rights.uri http://creativecommons.org/licenses/by-nc-sa/3.0/nz/ en
dc.title A Study to Mitigate Legal and Contractual Issues on the Use of Building Information Modelling (BIM) in New Zealand Construction Industry en
dc.type Thesis en
thesis.degree.discipline Masters of Engineering Studies ( Construction Management) en
thesis.degree.grantor The University of Auckland en
thesis.degree.level Masters en
dc.rights.holder Copyright: The author en
pubs.elements-id 777295 en
pubs.org-id Engineering en
pubs.org-id Civil and Environmental Eng en
pubs.record-created-at-source-date 2019-07-26 en

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