Generative AI tools are rapidly being adopted across the construction industry to streamline workflows, analyze documents, and assist in claims and dispute strategy. However, recent legal developments highlight significant and often overlooked risks around attorney-client privilege, data confidentiality, and discoverability.
This session will examine recent rulings regarding AI-generated materials from parties there were or were not protected in the legal process. The decisions to be discussed underscore a critical issue for contractors, owners, experts and counsel: information shared with AI platforms may be treated as disclosure to a third party, potentially exposing sensitive or privileged material in litigation.
Attendees will gain practical guidance on how, in the courts view, AI intersects with privilege and discovery obligations, how courts are beginning to treat AI-generated content, and what policies and controls owners, contractors, engineers/architects and experts should implement to safely leverage these tools. The session will focus on real-world construction scenarios, including claims development, contract analysis, and internal communications, and will offer actionable strategies to mitigate risk while still capturing the benefits of AI.
