HUNTINGTON BEACH, CA – What’s the biggest technological issue facing the construction industry? Artificial intelligence (AI) is the likely answer and it figures to be a hot topic when Construction Super Conference convenes Dec. 1-3 in Huntington Beach, Calif.
With the construction industry anticipating a historic $3 trillion AI infrastructure buildout, contractors are trying to balance the lucrative opportunities of the data center boom against the risks of AI-driven liability and cyber threats. Unpredictable trade wars, financing fluctuations, and a shrinking labor pool further complicate the landscape.
“AI is probably the biggest disruptor—or advancement—that I’ve seen in my career,” says Samantha Brutout (pictured above at CSC 2025), partner at Dingess, Foster, Luciana, Davidson & Chleboski LLP in Pittsburgh. “And it has moved so quickly.”
Along with AI, data centers have become one of the biggest topics in construction. “Just driving to work today I heard three radio ads from [Pennsylvania] gubernatorial candidates touting their positions on data centers,” muses Jim Malloy, partner at Pittsburgh-based Dingess, Foster, Luciana, Davidson & Chleboski LLP. “The biggest issues are effects on the electoral grid and use of other natural resources such as water.”
According to multiple polls, opposition to data centers is extremely high among democrats and republicans. Brutout and Malloy agree that risk management strategies may need to be implemented to address the uncertainties of the unpopular projects.
“You may need a force majeure clause or some sort of clause that addresses protests,” Brutout says. “I was involved in a project where protesters became an enormous disruption, and it became a much bigger issue than anybody had ever predicted. If you think that is likely to be a possibility, put in the strongest language you possibly can on the contractor side to make sure that something like that is covered and particularly how that would be covered with respect to delay.”
Beyond AI, data centers, and possible protests, labor shortages are a concern, particularly in certain geographical areas. Finding skilled trade work is part of the challenge, with some builders having to fly people across the country for certain skilled work. “You’ve also got some of the immigration issues and policies more specific to the current executive administration,” Brutout says. “The traditional labor pool is changing and evolving quite a bit.”
Shifting tariff policy adds yet another wrinkle to the dizzying array of concerns, but Malloy contends that a central ethos governs most of the issues. “Whatever the regulations, tariffs, and taxes, construction projects are all about allocation of risk,” he says. “The goal is to predict the risk, allocate it who’s responsible for it, and reduce it if you can. Sam [Samantha Brutout] mentioned force majeure, and in the case of tariffs it may be price escalation clauses.”
Brutout, Malloy, and three additional attorneys will be talking in-depth about these issues in a CSC panel discussion — Constructing the Future: Navigating Tech, Tariffs, and the Modern Labor Landscape. The discussion takes place on Wednesday, Dec. 2, from 9:45 a.m. – 11:00 a.m. at the Hyatt Regency in Huntington Beach, Calif. Registration is currently open.
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