Construction Today Vol 23 Issue 1 | Page 19

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or biometric information is exposed? Full transparency from the company and written acknowledgement from employees should be seriously considered.
Full transparency must also take place with insurance providers. The use of AI introduces new complexities with coverage plans, as many policies might not account for risks related to the introduction or use of AI by an insured or a third party working with the insured. If an AI tool fails and it leads to injury, property damage, or financial loss, will the insurer cover it? Again, like with employees, transparency is key. If AI is being used at any stage of a construction project and it hasn’ t been disclosed to the insurer, a carrier may try to deny coverage.
Ten years ago, AI wasn’ t an issue in the construction industry. And ten years from now, AI may no longer be an issue in the construction industry because the industry as a whole will have adapted. But right now we’ re in the gray area. Until laws, policies, and standards catch up to AI, it’ s up to construction firms to build up protection for themselves. ■
Thomas Lambert www. pullcom. com
Thomas Lambert is an attorney in litigation and artificial intelligence practices at the law firm Pullman & Comley with a particular focus on the construction industry. Tom has over a decade of experience in representing individuals, businesses, fiduciaries, and municipal clients in probate, state and federal court. He represents construction industry clients in all phases and types of litigation including disputes involving contracts, insurance, indemnification, liability and more. Tom is chair of the technology committee at Pullman & Comley. The firm has offices in Connecticut, New York, Massachusetts and Rhode Island.
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