Copyright reuters
Many business sectors and industries are adopting AI tools, including analytical AI, GenAI, and LLMs, such as ChatGPT, Claude, Google Gemini, Grok, and Microsoft Copilot, and incorporating these technologies for transformative enhancements of their operations. The use of AI and GenAI in construction projects continues to expand, both for planning and development, as well as for field construction. What opportunities are you seeing for the use of AI in construction? Before looking at the opportunities for using AI or GenAI in construction, it is important to understand what these terms mean. In a recent case from New York, the court examined an expert report prepared using a GenAI tool to check the calculations included in the report. The court held that counsel had an affirmative duty to disclose the use of AI and that the AI use would be subjected to a qualification hearing. In reaching its holding, the court first defined both AI and GenAI. While this case involved a property valuation and not a construction project or dispute, the definitions stated by the court provide helpful guidance absent further case law specific to construction. The court stated that: (For more on the definitions of AI and GenAI, see AI Key Legal Issues: Overview (US) and IT Basics: Generative AI and Large Language Models: Overview on Practical Law.)
