Upravnosudski pristup modeliranju informacijama o građevinama: primjena interdisciplinarnog pristupa

Sažetak

This paper considers the administrative judicial approach to Building Informa
tion Modelling (BIM) in Italy. BIM was chosen as an innovative construction
method. In addition, the Italian legal system has been chosen as a model because
while the EU law only encourages countries to implement building information
electronic modelling tools, the Italian legislator has established their mandatory
application. Although Italy is not part of the common law system, recent reforms
have underlined the importance of the role of jurisprudence. Thus, the paper
includes a case law study. This contribution is innovative not only because it
applies a judicial approach to legal BIM, while other scientific papers focus on
its physical or legal implementation, but more importantly, it proposes some of
the reasons why judges make the mistake of not classifying BIM as a method.
Moreover, this contribution informs readers of the public procurements dealing
with BIM in Italy. So, in other words, it shows that in Italy, administrative
judges have dealt with several public procurements including BIM. The review of
the Italian administrative judicial approach to legal BIM has shown two main
results. First, although BIM is a new method, the main principles of administra
tive law still apply. Second, although BIM is a method, several legal decisions
have confused it with other concepts, such as modality, software, system, project,
methodology, model, or technology. The absence of correct classification by Ital
ian administrative judges might be due to the mistake in the invitation for bids,
or due to the fact that the Italian Parliament also needed clarification on the
question of method versus methodology.