53 rd ASC Annual International Conference Proceedings Copyright 2017 by the Associated Schools of Construction http://www.ascpro.ascweb.org 771 The Challenges of Using BIM in Construction Dispute Resolution Process Zohreh Soltani and Stuart Anderson, Ph.D. and Julian Kang, Ph.D. Texas A&M University College Station, Texas Building Information Modeling (BIM) is a popular tool within the Architectural, Engineering and Construction Industry (AEC), especially in the design and construction phases of projects. BIM is recognized as a powerful visualization and communication tool, which can serve as a database for information sharing purposes. Managing the documents and communicating the technical concepts in an effective manner has always been challenging in construction dispute resolution processes for both under construction and under operation projects in the case of dispute and failures. Due to its potential capabilities, BIM can be considered a fulfilling tool for forensic engineering and dispute resolution purposes. However, the application of BIM is very limited in this area, particularly as a presentation tool in courtrooms. To identify the drawbacks of using BIM in dispute resolution and litigation, in-person interviews with construction law attorneys and forensic engineers were conducted. The identification of professionals’ concerns would help researchers to have benchmarks for their empirical studies in order to investigate the effectiveness of BIM as a presentation tool compared to other conventional methods. The empirical evidence would assist judges and other legislators in the admissibility rules on using this technology in legal systems and courtrooms. Key Words: Admissibility, Forensic Engineering, Construction, BIM, Dispute Resolution Introduction Many researchers consider disputes as part of construction projects’ lifecycles. Legal conflicts between owners, developers, general contractors, and subcontractors are an important issue in the construction industry. Construction claims occur for different reasons, including but not limited to flaws in plans and drawings, poor management, conflicts and also for reasons out of the control of those involved, such as environmental and global barriers. As the complexity of the industry caused by the adoption of emerging technology, innovative construction techniques, new contracting and delivery methods goes up, the number of disputes increases, and the adoption of effective tools and methods in dispute resolution processes becomes more prominent (KOC et al, 2014). Disputes can be resolved between parties by holding meetings or can end up in courtrooms where a jury might be in charge of decision making for the cases. Regardless of how far a dispute goes to be resolved, communication is a cornerstone of dispute resolution processes. This is not surprising at all when we recognize that many disputes and claims occur because of the poor communication and ineffective information exchanges between parties in verbal or written formats (IP, 2002). In the legal system, jurors are fact finders and verdict givers who are randomly chosen and should have little or no technical background or professional experience to cases. Legal practices, especially litigation and adjudication, is a knowledgeable form of information management. Collected information is organized, and presented in the courtroom and then is analyzed by fact finders to determine a verdict or result according to the prescribed rules. That result, is then transmitted