Construction and AI: The Future of Building and Law

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In 2024, Canada saw $230 billion in capital expenditures for non-residential construction, with Ontario contributing $112 billion. As of September 2024, the construction industry accounted for $164.7 billion of Canada’s GDP, approximately 7.3%. Despite challenges like COVID-19 and economic downturns, the industry has shown resilience and growth.

Artificial intelligence (AI) is revolutionizing construction across phases. During bidding, AI aids in creating efficient, accurate proposals. In design, generative AI develops 3D models that integrate structural and engineering considerations. Financing benefits from AI’s predictive models for cost and risk assessments. During construction, AI-powered sensors track real-time progress, and autonomous systems improve safety and efficiency. Post-construction, AI identifies operational issues and integrates with maintenance teams for proactive solutions.

However, AI introduces legal challenges for construction lawyers. Issues of liability, data confidentiality, and contract ambiguity are rising concerns. For instance, who is accountable for AI-generated design flaws? Lawyers must anticipate these risks, adapt contracts to address AI-specific concerns, and build expertise in AI technologies.

Within law firms, AI adoption remains limited due to privacy concerns and the need for precise data. Moving forward, construction lawyers should stay informed, collaborate with AI experts, and develop best practices to harness AI while managing its risks.

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