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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, June 11, 2024

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

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.

Faculty

J. Ross Hutchison
Member
Stites & Harbison, PLLC

Mr. Hutchison’s practice focuses on both litigation and transactional matters within the construction industry. His clients primarily consist of residential and commercial owners, developers, architects, engineers, general contractors, subcontractors, and material suppliers. Mr. Hutchison assists clients with matters including contract review and preparation, business formations, bid protests, claims analysis and preparation, claims avoidance, alternative dispute resolution, licensing consultation, and litigation support. Additionally, he represents various clients in property and land use disputes.

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Emily M. Lamm
Attorney
Gibson, Dunn & Crutcher LLP

Ms. Lamm’s practice focuses on employment litigation, counseling, and investigations. She has substantial expertise advising companies on regulatory compliance with the legal and policy developments surrounding AI and other emerging technologies across the employment lifecycle. Leveraging her deep knowledge of rapidly evolving AI-related frameworks, Ms. Lamm helps companies develop a strategic and practical approach to crafting and implementing policies, processes, and legal risk mitigation strategies. She has advised developers and deployers regarding compliance with New York City’s Local Law 144, the Illinois AI Video Interview Act, the California Consumer Privacy Act), and other federal, state, and international data protection and employment laws. Ms. Lamm is a thought leader in this space, regularly speaking and writing on AI issues in employment. She also has extensive experience assisting clients in drafting employee handbooks and policies, conducting compliance audits and workplace investigations, navigating state and federal agency investigations, and advising clients on a variety of employment-related issues, including pay equity and DEI initiatives.

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Description

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.

Outline

  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

Benefits

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?