Legal barriers to the digitalisation of construction

Contracts as a barrier

Legal barriers usually concern the structure of contracts between participants in the construction process, but also requirements set by legislators. It is worth paying attention to potential limitations that may affect the course of an implementation or a pilot of a new solution.

According to research by the Trusted Economy Forum, as many as 43% of Polish entrepreneurs consider the law a barrier to digitalisation.

Contractual limitations most often concern the agreed method of communication between the parties on a project. Where contracts require, for example, written form for communication about defects, we can expect serious difficulties in implementing digital solutions. In that case it is worth adapting the solutions to such situations, e.g. through the option of generating documents that can be used in written communication, and in the future changing the contractual form of communication to documentary form.

The need for clear regulations

In many areas of construction digitalisation, adequate legal regulations are lacking. Examples include the absence of rules on the use of BIM technology in construction and the lack of clear standards for preparing and structuring design documentation. It is not only construction companies that complain about the lack of clear regulations. According to research by the Trusted Economy Forum, as many as 43% of Polish entrepreneurs consider the law a barrier to digitalisation.

Effective strategies

Many of these barriers can be overcome in simple ways – while remaining aware that changing contract templates, like digitalisation itself, will be a process that takes time.

The lack of clearly defined legal standards is worth responding to by building your own data structures or standards for carrying out work. Over time, building internal standards becomes a significant market advantage and helps reduce the cost of preparing and running construction projects.

For those who are interested, there is also the option of campaigning for changes in the law. Through industry organisations such as SIDiR, Contech Poland or PZPB you can present your proposals to legislators more effectively than acting alone.

Over time, building internal standards becomes a significant market advantage and helps reduce the cost of preparing and running construction projects.

Key takeaways

In summary, legal barriers in construction are a significant challenge to introducing new digital solutions. Both contractual limitations and the lack of clear legal regulations hold back progress in the sector. However, there are ways to overcome these obstacles, including adapting contracts and building your own standards. Legislative changes are also needed so that the law reflects the rapid pace of technological development. Acting through industry organisations can be an effective way of influencing future regulations.