The Accountability Gap Between AI Tools and Licensed Professionals in Construction


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Published in Law.com,

Todd Demetriades, Special Counsel at the firm, examines the growing tension between AI adoption in the construction industry and the professional liability standards that govern licensed practitioners. While architects, engineers, contractors, and lawyers are subject to rigorous training, licensing requirements, and malpractice liability, AI tools operate without accountability; they “cannot be sued or sanctioned.” This creates a dangerous disconnect where professionals remain fully liable for AI-generated errors they may not understand.

Demetriades highlights critical risks, including the “Black Box Problem,” where AI systems’ decision-making processes are opaque, and the “garbage in, garbage out” principle, where poor input data yields flawed results. In construction applications like generative design and automated code compliance, AI tools may miss crucial factors human comfort considerations or jurisdiction-specific building code amendments.

“The accountability of these professionals contrasts sharply with AI tools,” writes Demetriades. “Programs, whether chat-based or backend, do not bear responsibility. They cannot be sued or sanctioned. Yet when professionals rely on AI outputs, they remain liable for errors they may not fully understand.”

The column serves as a cautionary reminder that while AI can accelerate workflows in construction, licensed professionals must maintain oversight and understanding of AI-generated recommendations to avoid potentially costly liability exposure.

To read the article, visit: https://bit.ly/4nvB8ha.


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