A Contractual Framework on Legal Obligations for Professional Designers in Building Information Modelling

Lee Yuan Jun; Zul Zakiyuddin Ahmad Rashid; Mohd Hanizun Hanafi; Mohd. Nasrun Mohd Nawi; Shuaib Muhd Rabiu; Norazian Mohamad Yusuwan

doi:10.37934/araset.33.2.120137

Authors

Lee Yuan Jun School of Housing, Building and Planning, Universiti Sains Malaysia, 11800, Penang, Malaysia
Zul Zakiyuddin Ahmad Rashid School of Housing, Building and Planning, Universiti Sains Malaysia, 11800, Penang, Malaysia
Mohd Hanizun Hanafi Faculty of Architecture and Ekistics, Universiti Malaysia Kelantan, Karung Berkunci No. 01, 16300, Bachok, Kelantan, Malaysia
Mohd. Nasrun Mohd Nawi School of Technology Management and Logistics, College of Business, Universiti Utara Malaysia, Sintok, 06010 Sintok, Kedah, Malaysia
Shuaib Muhd Rabiu Faculty of Earth and Environmental Science, Bayero University Kano, Nigeria
Norazian Mohamad Yusuwan Centre of Studies for Quantity Surveying, Faculty of Architecture, Planning and Surveying Universiti Teknologi MARA, 40450 Shah Alam, Selangor, Malaysia

DOI:

https://doi.org/10.37934/araset.33.2.120137

Keywords:

Building Information Modelling, digital modelling, professional designers, legal obligations, legal issues, contractual framework

Abstract

Building information modelling (BIM) had been adopted in the architectural, engineering and construction (AEC) industry since 2000’s owing to the increasing complexity of construction projects. Despite BIM had been proven in leading towards a more effective and efficient design process, Malaysia is still struggling with low BIM adoption rate professional designers in the construction industry particularly due to the absence of legal contractual agreement in dealing with BIM legal issues. This research aims to identify the potential legal issues faced by the industry and to propose BIM legal contractual provisions as BIM addendum into local contracts in Malaysia. Two objectives underpinned in this research, namely, (1) to determine the potential legal issues towards Malaysian professional designers in Building Information Modelling and (2) to propose preliminary legal framework clauses with reference to Building Information Modelling into current local standard form of contracts. Survey questionnaire method using selective sampling was adopted in this research in Malaysia. Thirty-one valid questionnaires were analysed. The results identified 28 BIM related legal clauses that could be included into the local contracts. As a result from in-depth analytical discussion, these potential legal variables were then taken into consideration as contractual framework for legal obligations of professional designers with reference to BIM. While providing a better paveway towards the proposal of BIM contractual provisions in Malaysia, this research helps to fill up the research gap of BIM legal provisions in the Malaysian construction industry.