A Case Study in Collaborative Technology and the Intentionally Relational Contract: Building Information Modeling and Construction Industry Contracts

Abstract

This article argues that the digital world is beginning to play a key role in moving commercial actors toward intentionally relational contracting practices by fostering and rewarding interdependence, adaptability, and reciprocity among otherwise autonomous, self-interested actors in the marketplace. Using a case study involving the most important technology affecting contractual relations in the construction industry, this article explores how collaborative technologies may be expanding opportunities for relational contract in commercial transactions. The study shows how building information modeling is reshaping contractual behavior in the industry by facilitating and encouraging a previously unimagined degree of collaboration among design professionals, builders, specialty trades, suppliers, manufacturers, and owners and operators. The result could be a truly transformative shift toward relational contract in the building sector.