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Q: What is your book about and who
should read it?
The book is geared to construction attorneys. It is a resource
that provides practical advice for lawyers on issues related to the new
technology being used to design and construction projects: ethics, contracts, intellectual property
issues, government regulations, insurance, cybersecurity, e-discovery issues,
using the data to support expert opinions, developing presentations for
mediation, arbitration, or court with the data, and how litigators can use
technology as a tool.
Q:
What was your inspiration for writing a book about construction
technology?
A couple of years ago, I learned about the
numerous new technologies, such as robot dogs, drones, and virtual reality
glasses, that my then-employer, Brasfield & Gorrie, L.L.C., was using or
testing on its projects. I wondered how the data generated by these
technologies could be accessed and organized and how it could be used as
evidence in a dispute or an investigation. Then I was asked to introduce a
speaker and edit a paper written by Rebecca Sherman and Megan George on new
technology for the Forum’s 2021 Annual Meeting. This book developed from that
paper. The idea was to create a resource for lawyers to help them understand
these technologies and the voluminous amounts of data they create.
Q:
What are some of the technologies discussed in the book?
It addresses the most cutting-edge technologies being used by designers and constructors on projects today, including:
(1) BIM: While Building Information Modeling
(“BIM”) technology has been used for many years, it has evolved into a 3D model
providing a virtual representation of all aspects of a structure. It allows various
entities involved in design and construction of a project (designers, general
contractors, subcontractors) to change and update the model in real time. When a project is completed, the contractor can
provide a “digital twin” BIM model to the owner for maintenance, operations,
and future remodeling. The digital twin may include the owner’s “smart”
technology such as control systems for security and climate control. This is
the convergence of information technology (IT) and operational technology (OT).
The digital twin replaces the “as-builts” that construction lawyers are
familiar with.
(2) Drones: Initially, drone photographs were used for
inspecting sites or difficult to reach areas on projects. Now, drones use 3D
photography which can be overlaid on the BIM model to verify that the design
matches existing site conditions. Drone data can be integrated into other
project management data through use of platforms such as Drone Deploy and
Procore, making the data available to project teams in real time.
(3) Robotics:
Use of robotics in construction is growing but has been challenging because
construction sites are varied, complex and constantly changing and many
construction activities are not repetitive. Currently, robots are used for site
deliveries, autonomously operated equipment, project layout, hanging drywall,
bricklaying, welding, tying rebar, cutting materials, packing, and cleaning. Robotics
can also assist human laborers through “robotic arms” or exoskeletons.
(4) Laser
Scanning: Laser
scanning is a highly accurate method to capture the details of an existing
building or construction site. Advanced scanners create 3D representations
known as point clouds which contain data used to create a map of the precise
shape and size of physical objects. This can be used for mapping existing site conditions and validating design
execution.
(5) 3D Printing: Also
known as additive manufacturing, 3D printing is the construction of physical
elements, in 3D, by extruding materials such as plastics, concretes, powders,
and resins from a machine guided by a CAD based model. These 3D printed objects
have the strength of steel and can be operational when removed from the printer.
3D printing can create project models, project components such as formwork, and
even entire structures.
(6) Wearable
Technology: Technology included in watches, hard hats, safety vests, and
work boots allows tracking and monitoring on-site personnel in an automated,
streamlined process. It provides for greater worker safety, site security, and monitoring
productivity.
(7) Virtual Reality
(VR): VR goggles immerse the wearer in the modeled environment, allowing
owners and other stakeholders to experience their project before work begins in
the field. They can also be used in safety training and for collaboration
between the design team and constructors.
(8) Project Information
Management: Project information management platforms such as ProCore and
Autodesk allow data from different types of technology to be integrated and
organized so that project teams can use this information in real time. ProCore
can integrate 300 different applications, including schedule, accounting,
safety, daily reports, drone photographs, deliveries, RFIs, change orders,
punch lists, and more. These are displayed on project dashboards, which are
available to project team members with permission.
Q:
What challenges do these technologies create for construction lawyers?
Lawyers have an ethical duty of
technological competence, which means they need to understand the technology
their clients use and how to access, use and safeguard clients’ data. The
volume of data created on projects through these technologies is exponentially
greater than before. Data from many different sources may be housed in a data
lake and may be organized and analyzed by project information management
platforms such as ProCore or AutoDesk. These platforms are being used not only
by large commercial general contractors, but also by residential contractors
and subcontractors. Artificial intelligence and machine learning tools are
necessary to review, organize, and analyze the terabytes of data a project may create. Contract terms must be
modified to deal with issues relating to these new technologies. Government
contractors and private entities are subject to government regulations and
cybersecurity requirements. Expert assistance may be needed to use data
effectively in mediation, arbitration, or court proceedings. This book can
assist lawyers in meeting these challenges.
Q:
Do you have any thoughts on what the future has in store for the
construction industry?
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