Abstract
This Comment will first discuss the background of BIM, including its technological characteristics and implementation into a complex construction project, as well as the potential benefits that incentivize parties to utilize BIM in a project. Next, this Comment will discuss the legal risks and uncertainty associated with BIM, particularly regarding ownership and liability. Specifically, this Comment will focus on ownership of the intellectual property and designs within an overall model and will contrast liability in traditional construction projects with liability in a construction project utilizing BIM. Lastly, this Comment will discuss potential solutions to these risks and uncertainties. The analysis of potential solutions will include a discussion of the legal and policy considerations that courts should undergo when handling BIM litigation. Additionally, recognizing that courts have lagged behind rapid technological advancements like BIM in creating modern precedent, this analysis will include a discussion of methods that parties can take outside of litigation to manage and control legal risk, particularly through precise contract drafting and use of modern technologies like blockchain and other digital ledger technologies.
By providing the necessary background, analyzing primary legal issues with the implementation of BIM technology, and making recommendations for both courts and parties to solve these issues, this Comment seeks to provide a path for ameliorating the legal uncertainty surrounding BIM so that it can be more effectively adopted in the construction industry.
Included in
Business Organizations Law Commons, Construction Law Commons, Intellectual Property Law Commons