BIM-FM and Consequential Loss: how consequential can design models be?

Purpose: BIM offers a new direction of project implementation. It promotes integration of multiple lifecycle stages as well as multidisciplinary integration; whereas conventional approaches are primed on fragmentation. This study adds to existing debates on the relationship between the rationality o...

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Main Author: Olatunji, Oluwole
Format: Journal Article
Published: Emerald Group Publishing 2014
Subjects:
Online Access:http://hdl.handle.net/20.500.11937/43209
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author Olatunji, Oluwole
author_facet Olatunji, Oluwole
author_sort Olatunji, Oluwole
building Curtin Institutional Repository
collection Online Access
description Purpose: BIM offers a new direction of project implementation. It promotes integration of multiple lifecycle stages as well as multidisciplinary integration; whereas conventional approaches are primed on fragmentation. This study adds to existing debates on the relationship between the rationality of the legal structures underlying fragmented project delivery and BIM’s ability to successfully foster integration across different lifecycle stages. A step further from extant arguments on whether BIM could be sufficiently serviced by the same legal provisions that had serviced fragmented relationships, the study opens up some new fronts regarding the consequences of shared trusts and reciprocity in an integrated project platform. As a way to strengthen interdependencies across multiple lifecycle stages, the study raised certain questions that trigger further studies. Approach: In addition to a deep analysis of traditional literature on BIM and project management, the study draws its strength from two recent court cases on the limitations of disclaimers against liable breaches. It also targets court decisions on consequential loss and the duty of care to explain project team’s liabilities when BIM could not live to its theorized promises. Findings: The study shows that disclaimers are a weak protection against liabilities. As BIM offers a dynamic project environment, the study relies on decided cases to show that duty of care to a project (and its owners) is not entirely representable by prototype contract language. More importantly, the study concludes that the applications of BIM to FM are better supported on BIM’s new dimension of multidisciplinary integration, rather than a mere coalescing of deliverables across different lifecycle fragments. Originality/value: This work is neither published nor under consideration for publication elsewhere. It adds to the growing debates on the legal implications of BIM by looking at the potential of digital models as a valid and admissible contract instrument.
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spelling curtin-20.500.11937-432092017-09-13T15:06:35Z BIM-FM and Consequential Loss: how consequential can design models be? Olatunji, Oluwole Virtual property Consequential loss Disclaimer Building Information Modelling (BIM) Asset management Intellectual property Purpose: BIM offers a new direction of project implementation. It promotes integration of multiple lifecycle stages as well as multidisciplinary integration; whereas conventional approaches are primed on fragmentation. This study adds to existing debates on the relationship between the rationality of the legal structures underlying fragmented project delivery and BIM’s ability to successfully foster integration across different lifecycle stages. A step further from extant arguments on whether BIM could be sufficiently serviced by the same legal provisions that had serviced fragmented relationships, the study opens up some new fronts regarding the consequences of shared trusts and reciprocity in an integrated project platform. As a way to strengthen interdependencies across multiple lifecycle stages, the study raised certain questions that trigger further studies. Approach: In addition to a deep analysis of traditional literature on BIM and project management, the study draws its strength from two recent court cases on the limitations of disclaimers against liable breaches. It also targets court decisions on consequential loss and the duty of care to explain project team’s liabilities when BIM could not live to its theorized promises. Findings: The study shows that disclaimers are a weak protection against liabilities. As BIM offers a dynamic project environment, the study relies on decided cases to show that duty of care to a project (and its owners) is not entirely representable by prototype contract language. More importantly, the study concludes that the applications of BIM to FM are better supported on BIM’s new dimension of multidisciplinary integration, rather than a mere coalescing of deliverables across different lifecycle fragments. Originality/value: This work is neither published nor under consideration for publication elsewhere. It adds to the growing debates on the legal implications of BIM by looking at the potential of digital models as a valid and admissible contract instrument. 2014 Journal Article http://hdl.handle.net/20.500.11937/43209 10.1108/BEPAM-03-2014-0021 Emerald Group Publishing restricted
spellingShingle Virtual property
Consequential loss
Disclaimer
Building Information Modelling (BIM)
Asset management
Intellectual property
Olatunji, Oluwole
BIM-FM and Consequential Loss: how consequential can design models be?
title BIM-FM and Consequential Loss: how consequential can design models be?
title_full BIM-FM and Consequential Loss: how consequential can design models be?
title_fullStr BIM-FM and Consequential Loss: how consequential can design models be?
title_full_unstemmed BIM-FM and Consequential Loss: how consequential can design models be?
title_short BIM-FM and Consequential Loss: how consequential can design models be?
title_sort bim-fm and consequential loss: how consequential can design models be?
topic Virtual property
Consequential loss
Disclaimer
Building Information Modelling (BIM)
Asset management
Intellectual property
url http://hdl.handle.net/20.500.11937/43209