Overview of the Legal Aspects and Contract Requirements of the BIM Practice in Malaysian Construction Industry

Jo, Teoh Ming; Ishak, Siti Salwa Mohd; Rashid, Zul Zakiyuddin Ahmad

doi:10.1051/matecconf/201820302011

Cited by 16 publications

(12 citation statements)

References 5 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Finally, the legal and contractual issues pose serious challenges not specifically for the I4.0 adoption only but more generally, for the adoption of new technologies and innovative ways of work. Various studies have already shown that legal and contractual problems lead to poor adoption of new technologies and digitalization (Abubakar et al , 2014; Jo et al , 2018; Li et al , 2019). Even though this challenge was ranked as the least important among other challenges, the responding companies reported that they successfully handle this barrier for their I4.0 adoption.…”

Section: Findings and Discussionmentioning

confidence: 99%

“…In another study, Abubakar et al (2014) implied that legal and contractual constraints lead to reluctance toward BIM adoption in the Nigerian construction industry. Jo et al (2018) further revealed that legal and contractual issues are among the critical barriers for BIM implementation in the Malaysian construction industry. Li et al (2019) stated that there are several aspects associated with untested legal issues and clear contract terms in the construction industry to reduce the likelihood of risks leading to Major challenges for industry 4.0 adoption unintended obligations and disputes.…”

Section: Data Protection and Cybersecuritymentioning

confidence: 99%

See 1 more Smart Citation

Investigating major challenges for industry 4.0 adoption among construction companies

Demirkesen

Tezel

2021

ECAM

View full text Add to dashboard Cite

PurposeThe purpose of this study is to explore the challenges hindering the adoption of Industry 4.0 (I4.0) among construction companies.Design/methodology/approachThe construction industry needs innovative technologies due to its complex and dynamic nature. In this respect, the latest trends such as digitalization, building information modeling (BIM), Internet of things (IoT) are of utmost importance in terms of fostering the change in managing projects and encouraging industry practitioners to adopt the change for better performance. This paper focuses on I4.0adoption among construction companies. In this respect, a questionnaire was designed and administered to construction professionals to reveal the challenges in I4.0 adoption among construction firms. The respondents were requested to fill in the questionnaire on the I4.0 efforts of their companies. The questionnaire was intended to collect the perceptions of industry practitioners working at large construction companies. Based on these, the challenges listed were ranked based on their relative importance and success indices. Finally, the Mann–Whitney U test was conducted to test whether statistically significant responses exist among groups of respondents (i.e. young and old companies, large and small, high and low revenue and main area of expertise).FindingsThe results of the study indicated that resistance to change, unclear benefits and gains and cost of implementation are the major important challenges in terms of I4.0 adoption in construction projects. On the other hand, the data analysis implied that the majority of construction organizations successfully deal with the problems arising from lack of standardization, legal and contractual issues and cost of implementing in terms of promoting I4.0 adoption.Research limitations/implicationsThe study is expected to guide construction practitioners in terms of benefitting from I4.0 applications and deliver projects with better outcomes. This study might be used as a guide for the companies aiming to start their I4.0 transformation knowing the challenges and develop strategies for how to handle them. A concrete plan would help them achieve greater performance and benefit from the I4.0 implementation at the maximum level. Finally, the study implies that construction firms shall prepare action plans for handling each challenge listed and monitor their performance based on the planned and actual data of their projects.Originality/valueThis study investigates the major challenges of I4.0 among construction companies. This is one of the important studies, which puts I4.0 focus forefront of the construction industry with a clear identification of challenges that construction organizations have to address to transform their organizations into construction 4.0. The study has the potential to guide both industry practitioners and researchers to develop awareness for the benefits of using the latest technology and fostering innovation. This is expected to create value for construction clients in terms of achieving the product with serious gains such as time and cost.

show abstract

Section: Findings and Discussionmentioning

confidence: 99%

Section: Data Protection and Cybersecuritymentioning

confidence: 99%

Investigating major challenges for industry 4.0 adoption among construction companies

Demirkesen

Tezel

2021

ECAM

View full text Add to dashboard Cite

show abstract

“…This issue leads to the blurring of intellectual property rights [208][209][210]. Given that the stakeholders are collaborating on the same platform and files, the boundaries between contributions from different stakeholders are challenging to define [209,[211][212][213][214][215]. Moreover, this obstacle can cause conflicts of interest and intellectual property ownership between stakeholders [208][209][210]214].…”

Section: The Barriers To Green Building Development In Chinamentioning

confidence: 99%

A Systematic Review of Green Building Development in China: Advantages, Challenges and Future Directions

Cao

Kamaruzzaman

et al. 2022

Sustainability

View full text Add to dashboard Cite

In the 21st century, traditional construction activities exert a severe negative influence on the environment and ecology. To mitigate the negative influence of construction, green buildings have received increasing attention worldwide. Compared with conventional buildings, green buildings have significant advantages for environmental conservation and public health. Although green buildings bring excellent benefits, the development status of green buildings in China is still unsatisfactory. To enhance the understanding of green buildings and promote green building development in China, this study was undertaken to conduct a systematic review of green building development in China. The PRISMA protocol was used as the primary procedure for article screening and selection. This review was conducted between March 2022 and May 2022. In this study, 186 articles were reviewed, and the definition, development trends, evaluation standards, importance, and hindrances of green buildings in China were summarized and discussed through the systematic review. Moreover, the benefits, challenges, and future directions of green building promotion and development in China were discussed and analyzed. This study can promote public familiarity with the current situation of green buildings in China to boost their development. In addition, this study can also provide practical advice to green building stakeholders on the future direction of green building development in China.

show abstract

“…In executing tasks within the BIM environment, concerns on the issue of confidentiality, data ownership and data security became apparent due to the integration of multiple proprietary information in the process of developing building models (Fan, 2014;Ming Jo et al, 2018;Liou, Lee, & Chong;. In this collaborative and integrative working condition, the use of copyrighted materials is inevitable for all parties involved including the employers who would want to utilise such intellectual property for post-completion work such as renovation, maintenance, and facility extension.…”

Section: Legal Issuesmentioning

confidence: 99%

“…The adoption of BIM, which requires the sharing of data, could promote all parties to work collaboratively and allowing parties to jointly use the model for the tasks to be executed efficiently. This collaborative working condition in BIM brings up concerns on the legal issue of intellectual property infringement and ownership of data, which is absent in the previous transactional-type contract and paper-based design (Alwash et al, 2017;Ming Jo et al, 2018;Mohamad Izani, Zulhabri & Norfashiha, 2019).…”

Section: Intellectual Property Rights (Ipr) In Building Information Modelling (Bim) Construction Projectsmentioning

confidence: 99%

Building Information Modelling (BIM): Contractual Issues of Intellectual Property Rights (IPR) in Construction Projects

Baharom

Habib

Ismail

2021

IJSCET

View full text Add to dashboard Cite

Building Information Modelling (BIM) is an emerging technology that provides a platform for a comprehensive digital representation of a facility to be created by integrating data from design conception until demolition. In seeking the optimum use of BIM, a large degree of cooperation and collaboration among multi-disciplinary contributors are required for the digital data exchange and sharing process to be deployed. This situation, however, brings up new issues in delineating liabilities and limitations of contributors as the demarcation line of each contributor becomes unclear. In Malaysia, there is no known BIM-enabled standard form of contract that preserves the intellectual property rights (IPR) of the BIM projects’ contributors. Therefore, the present study attempts to investigate the issues pertaining to IPR in the context of BIM adoption in the construction project. Qualitative methodology involving literature review, analysis of existing IPR provisions and semi-structured interviews with the experts were conducted. The research identified two major issues related to IPR in BIM projects: copyright ownership of the BIM model and data infringement. This paper is substantial to deliver knowledge to the construction industry practitioners regarding the legal and contractual considerations in the adoption of BIM.

show abstract

Overview of the Legal Aspects and Contract Requirements of the BIM Practice in Malaysian Construction Industry

Cited by 16 publications

References 5 publications

Investigating major challenges for industry 4.0 adoption among construction companies

Investigating major challenges for industry 4.0 adoption among construction companies

A Systematic Review of Green Building Development in China: Advantages, Challenges and Future Directions

Building Information Modelling (BIM): Contractual Issues of Intellectual Property Rights (IPR) in Construction Projects

Contact Info

Product

Resources

About