Identifying and Mitigating Legal and Contractual Risks in BIM-Enabled Construction Projects: A Conceptual Framework

Abstract

Building information modeling (BIM) is accelerating across Saudi Arabia’s construction sector in support of Vision 2030, yet its legal and contractual integration lags behind technical adoption. This study investigates the legal and contractual risks associated with BIM-enabled project delivery and proposes a conceptual framework to guide risk mitigation in the Saudi context. A total of 21 BIM-related legal risk factors were identified from a comprehensive literature review and refined through a pilot study. An online questionnaire survey was administered to construction practitioners (consultants and contractors), yielding 87 valid responses for analysis. Principal component analysis revealed two latent dimensions: legal and regulatory ambiguities and BIM model management and technical risks. Mean-rank analysis identified the lack of coordination and control over the BIM model, lack of clarity regarding BIM standards and processes in the contract, and unclear rights and responsibilities related to BIM were ranked as the top risk factors. Synthesizing the empirical findings with mitigation strategies identified through an extensive literature review, the study developed a seven-pillar conceptual framework for risk mitigation: (1) standardization and legal infrastructure; (2) contractual clarity and enforceability; (3) roles, responsibilities, and liability; (4) ownership and intellectual property; (5) confidentiality and security; (6) data integrity and interoperability; and (7) collaboration and dispute resolution. The findings extend the limited scholarship on BIM’s legal and contractual risks in Saudi Arabia and offer context-aware guidance for policymakers and practitioners to embed BIM-specific provisions aimed at mitigating dispute propensity in BIM-enabled construction projects.