Propertisation of building information modeling mapped against firm intellectual capital

Date

2011

Authors

London, K.
Singh, V.

Editors

Otter, A.
Emmitt, S.
Achammer, C.

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Conference paper

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Proceedings of the CIB-W096 Conference: Architectural Management in the Digital Arena, 2011 / Otter, A., Emmitt, S., Achammer, C. (ed./s), pp.143-157

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CIB W096: Architectural Management in the Digital Arena (13 Oct 2011 - 14 Oct 2011 : Vienna, Austria)

Abstract

Building Information Modelling is an innovation which is in the process of diffusion across the construction industry and it is expected to be more prevalent in the future. Literature suggests that certain benefits of BIM are being delayed and overshadowed by legal and regulatory uncertainties related to technology adoption, business processes and integrated delivery. Although no significant law-suit has been filed based upon the use of BIM, litigation may occur in the future relative to risks, rights and responsibilities of the parties. At the same time, some authors indicate that BIM can also be seen as a platform for reducing disputes, claims and legal complexities. Hence, the legal and regulatory issues in relation to BIM need a comprehensive discussion. This paper begins this discussion by exploring the collective authorship and individual ownership of Building Information Models in the digital environment. In particular as we explore BIM ownership a theoretical model shall be developed synthesising a legal and economic value concept of BIM Propertisation. There are various legal frameworks and concepts that we can draw upon from intellectual property law, law of contracts and law of property to develop theory for BIM ownership. This work is positioned within the theory of virtual property and investigates the following constructs; rivalrous, persistence, interconnectivity, private vs public domain and integration within the framework of a firm's intellectual capital and inter-firm collaboration in the construction projects. The paper presents some pilot study empirical work aimed at exploring the validity of the Propertisation conceptualisation.

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Copyright 2011 The Authors

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