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AI Innovations in Construction: Latest Industry Developments; Pros vs. Cons; Drafting to Mitigate Risks

Intellectual Property Considerations, Safety, Employee and Data Privacy, Risk Allocation

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, June 11, 2024

Recorded event now available

or call 1-800-926-7926

This CLE webinar will guide counsel through recent AI innovations being used in the construction industry to improve project development and project management and the legal risks of which counsel should be aware. The panel will offer drafting considerations for addressing these risks in project agreements and discuss ongoing compliance issues.


Artificial intelligence is significantly impacting the construction industry with technological solutions to improve efficiency in every aspect of project development and project management. AI advancements are already being used to enhance productivity and quality in project design and modeling at a project's initial stages; and to improve worksite efficiency, employee safety, and data management once a project is underway.

Yet, with all the benefits come increased risks of which construction counsel should be aware to best mitigate these risks when drafting project agreements. For example, while building information models (BIM) improve project parties' ability to visualize designs and improve communication and project quality, the roles and responsibilities of the parties can become intertwined as they collectively provide input which may raise liability and risk allocation issues. The use of the software and who owns it may also create intellectual property concerns. However, these risks may be addressed by contract.

Additionally, although AI may help manage projects and increase employee safety through worksite surveillance, data and employee privacy concerns arise with the collection of large amounts of data. Therefore, counsel should be aware of possible federal and state law privacy requirements so that these may be addressed contractually and for ongoing compliance.

Listen as our expert panel discusses recent AI innovations in the construction industry and the risks of which counsel should be aware. The panel will offer best practices for drafting agreements to mitigate these risks and address ongoing compliance issues.



  1. Introduction: AI overview
  2. Project development innovations
    1. Building information modeling (BIM), computer-aided design (CAD)
    2. Smart contracts
  3. Project management innovations
    1. Machine learning
    2. Image recognition and on-site sensors
  4. Legal considerations
    1. IP issues
    2. Standard of liability and risk allocation
    3. Data protection and privacy concerns
    4. Others
  5. Drafting to mitigate risk
  6. Best practices for ongoing compliance obligations


The panel will review these and other important considerations:

  • How is AI improving project development and project management in the construction industry?
  • How does the use of BIM and CAD in project development create risk allocation and liability issues among the parties? Intellectual property issues?
  • What data and employee privacy concerns should counsel be aware of when clients use AI to monitor worksites?
  • How can AI risks be addressed in project agreements?
  • What ongoing compliance obligations are created by using AI in construction?


Hutchison, J. Ross
J. Ross Hutchison

Stites & Harbison

Mr. Hutchison’s practice focuses on both litigation and transactional matters within the construction industry....  |  Read More

Lamm, Emily
Emily M. Lamm

Gibson Dunn & Crutcher

Ms. Lamm’s practice focuses on employment litigation, counseling, and investigations. She has substantial...  |  Read More

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