The wider application of building information modelling (BIM) brings increased convenience and efficiency but incurs some legal issues or risks. These issues have not only become legal concerns creating potential risks, but real barriers to the continued development of BIM. The most important feature that distinguishes BIM from non-BIM designs is the exchange of semantic information and collaborative framework. Potential issues which might occur under the Taiwanese legal system are: (a) inconsistencies between various software packages; (b) errors caused by imperfect software; (c) intellectual property rights issues; and (d) involvement of BIM in construction contracts. If the issues of utilising BIM are consequential and inevitable, their resolution is also essential in promoting further development. Doubts about the resolution of legal arguments could be mitigated by following the stipulations of the existing legal system and supplementing the contractual clauses. Even though they cannot be eradicated completely, their possible effects can be controlled through the analysis described in this work. Loss or damages can be avoided by taking into consideration the commercial terms and conditions when carrying out specific projects.
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August 2015
Research Article|
August 01 2015
Legal risks incurred under the application of BIM in Taiwan
Ko-Ming Hsu;
Ko-Ming Hsu
Attorney-at-law and patent attorney, PhD candidate
Weisers Law Offices, Taipei, Taiwan
Institute of Construction Engineering and Management, National Central University, Jhongli, Taoyuan, Taiwan
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Ting-Ya Hsieh, PhD;
Ting-Ya Hsieh, PhD
Professor
Institute of Construction Engineering and Management, National Central University, Jhongli, Taoyuan, Taiwan
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Jieh-Haur Chen, PhD
Jieh-Haur Chen, PhD
Professor
Institute of Construction Engineering and Management, National Central University, Jhongli, Taoyuan, Taiwan
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Publisher: Emerald Publishing
Received:
May 04 2014
Accepted:
February 19 2015
Online ISSN: 2043-9911
Print ISSN: 2043-9903
ICE Publishing: All rights reserved
2015
Proceedings of the Institution of Civil Engineers - Forensic Engineering (2015) 168 (3): 127–133.
Article history
Received:
May 04 2014
Accepted:
February 19 2015
Citation
Hsu K, Hsieh T, Chen J (2015), "Legal risks incurred under the application of BIM in Taiwan". Proceedings of the Institution of Civil Engineers - Forensic Engineering, Vol. 168 No. 3 pp. 127–133, doi: https://doi.org/10.1680/feng.14.00005
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