Meghan Douris | Seyfarth Shaw
Artificial intelligence and advanced digital tools are no longer experimental on construction projects. In Q1 of 2026, we can already see how they are already influencing schedules, estimates, submittals, safety reporting, and day‑to‑day project documentation. As peak construction season approaches, many teams are accelerating adoption of AI to gain efficiency.
What often lags behind, however, is the contract framework governing how those tools are used—and how their outputs are treated when something goes wrong.
On sophisticated construction projects, that gap can quickly become a dispute driver.
Where AI Is Showing Up on Jobsites
Across the region, project teams are using AI‑enabled tools to:
- Model schedule scenarios and “what‑if” sequencing;
- Perform estimating takeoffs and productivity analysis;
- Draft or summarize RFIs, submittals, and meeting minutes; and
- Generate safety documentation and incident reports.
These tools can meaningfully reduce administrative burden. However, they also raise new questions: Who relied on the output? Was it reviewed sufficiently, if at all? Does the contract treat that output as authoritative?
Six Contract Issues to Address Now
Before peak season begins, owners, contractors, and design teams should revisit several contract pressure points.
- Reliance and Standard of Care
AI outputs should be treated as assistive, not determinative. Contracts that unintentionally suggest reliance on automated outputs can create arguments that a party warranted accuracy or completeness—an especially risky position in delay or defect disputes. - Data Ownership and Use Rights
Many AI tools ingest project data. Contracts should clearly define who owns inputs and outputs, and whether vendors may use that data for training or other purposes. This issue is particularly sensitive on California projects involving public entities or proprietary designs. - Confidentiality and Privilege
Uploading RFIs, correspondence, or legal analyses into AI platforms can create confidentiality concerns. Teams should confirm that the use of AI platforms aligns with confidentiality obligations and does not inadvertently waive protections. - Cybersecurity and Access Controls
Project Owners are requiring increasingly robust cybersecurity provisions. Contracts should address access permissions, subcontractor use of tools, and notification obligations if data is compromised. - Record Authenticity and Audit Trails
Disputes often turn on the reliability of project records. If AI assists with logs, reports, or summaries, there should be clarity around human review, version control, and document retention. - Flow‑Down to Subcontractors
Inconsistent tool use across tiers creates risk. If AI is permitted—or prohibited—at the prime contract level, subcontract language should reflect the same expectations.
Practical Controls for Peak Season
Beyond contract language, leading project teams are implementing operational guardrails:
- Defined approved and prohibited AI use cases;
- Mandatory human review for schedule, cost, and safety outputs;
- Training for PMs on when AI cannot substitute for professional judgment; and
- Alignment between legal, IT, and project leadership before disputes arise.
These guardrails help ensure that efficiency gains do not come at the cost of defensibility.
As projects increasingly involve complex delivery methods, aggressive schedules, and sophisticated owners, the incentive to use AI and other digital tools increases. However, when disputes arise, the focus quickly shifts to documentation, reliance, and contractual responsibility.
AI can be a powerful project tool, but only when used properly and in alignment with the contract governing the project.
As teams head into peak season, this is the moment to make sure technology helps deliver the project—not drive the dispute.
When one of your cases is in need of a construction expert, estimates, insurance appraisal or umpire services in defect or insurance disputes – please call Advise & Consult, Inc. at 801.641.8304, or email experts@adviseandconsult.net.