Construction / 3 min read
Last month we focused on wearable technology and how it is transforming the landscape of the construction industry by integrating Artificial Intelligence (AI) and Machine Learning (ML) into day to day operations. Wearables, including watches, boots, hardhat bands, glasses and body sensors, are just one of countless examples of how AI and ML impact the construction industry. While both AI and ML are related concepts, there are significant differences between the two that we need to note in order to fully understand the possible implications of these new technologies to business and legal decision-making.
Put simply, AI mimics human intelligence. It is capable of problem-solving, reasoning, adapting, and generalized learning. ML, on the other hand, studies data and learns from it. ML is a "subset" of AI but the two work together – ML often studies patterns used to improve AI. These AI-aided technological advancements can predict safety hazards and operational inefficiencies before they happen.
The changes are coming, and they're coming fast and furiously.
The preconstruction process is an important phase in the construction life cycle that ensures the project is completed on time and on budget. AI in the pre-design and initial project planning and development phases helps identify and reduce risk. Gone are the days of simple Computer-aided design (CAD) and in with Building Information Modeling (BIM), the "next generation" in computer modeling. BIM is quickly becoming a mainstay in coordination, collaboration, and conflict detection and resolution.
AI technology is also continuing to emerge in other areas geared towards improving performance and safety. For example, AI can be used to:
- analyze data to predict when maintenance will be needed and prevent equipment failure;
- allocate labor and materials to be more efficient and cost-effective;
- cameras and sensors can monitor quality and identify defects; and
- optimize performance metrics.
There are numerous options available on the market including OpenSpace, Matterport, StructionSite, Autodesk Construction Cloud, Procore, and HoloBuilder.
However, implementation of any AI program requires numerous considerations:
Security is a key criterion to usage. Sensitive project and personnel data must be protected from unauthorized access. What security steps and programming does the AI-tool implement to safeguard customer information? Does it meet industry best practices? Does the service conduct regular security and vulnerability screening?
Policies and guidelines must be in place inside and outside of the organization. Maintaining privacy of the data collected by AI is paramount. Clear and established policies and guidelines ensure compliance with privacy laws and regulations as well as ethical standards. What policies have been put in place in-house before use? What policies and guidelines do the service utilize?
It is important to read the User Agreement before signing. Know the basics before signing up for an AI-based service. Who is the owner of the data? What are the privacy restrictions? Who can use the data? Who is liable for its use? How is dispute resolution treated? What happens in the event of a data breach?
Know where the data lives. Where is the data stored? How is it transmitted? Is the data encrypted, and how?
Keeping up with technology also means keeping contracts up to date. Do the contract documents account for use of AI? Is privacy addressed in a transparent manner? Have trade secrets and trademarks been considered?
These considerations are just the tip of the iceberg. AI and ML are opening a new frontier for the construction industry. The landscape is in a constant state of improvement with AI and ML leading the way. Asking questions and seeking legal counsel are two of the most important things you can do to be at the forefront of technological innovation and successfully navigate the obstacles it creates.
Next month we'll look at AI in dispute resolution. Construction projects are ripe for conflict. So, what happens when a dispute arises when AI is involved? Does it change the collection process? Do law firms use AI as well? Stay tuned.