Robots used to be found only in children’s cartoons or science-fiction television, movies and novels. However, technological innovations have impacted nearly every real-life industry, including construction. These technologies have numerous benefits, but also come with a unique twist on existing legal areas of concern. Companies using cutting- edge technology should review their existing contracts to ensure they contain adequate protection against issues that may arise.
Drone Usage. Construction companies use unmanned aerial vehicles (commonly referred to as drones) to perform everything from pre-inspection surveys to inspecting welds in hard-to-reach places. It is not hard to imagine future use cases for drones to deliver tools and materials to workers at the work site in lieu of cranes and elevators.
Construction contracts where a general contractor or a subcontractor will be using drones should clearly define when drones are allowed, and for what purpose. For example, consider the hypothetical inspection of a weld 15 stories up on the outside of the superstructure of a new high-rise. If not specified in the contract, the inspector may make the decision for safety or economic reasons to forego a physical inspection by a human in favor of a video inspection. So long as such an inspection is not legally precluded in that jurisdiction, a dispute might arise over whether such an action was standard or custom for the industry or the location, which may shift over time.
Contracts with the drone operation company should also contain indemnity provisions against damage to persons or property in the event the drone crashes, as well as making sure insurance provisions adequately address the risks arising from drone usage. Additional concerns requiring proof of licensure of the drone operator with the Federal Aviation Administration and compliance with all applicable federal, state and (to the extent not preempted) local statutes, rules and regulations relating to drone usage.
3D Printing. Additive manufacturing (commonly known as 3D printing) is being used to create intricate parts in manufacturing and has been used in several states to create entire buildings. Raw materials are laid down or “printed” in accordance with the computer aided design (CAD) blueprints and the end result are finished products. Typically, 3D-printed buildings are made from concrete, but as the printing technology progresses we may see various materials become widely utilized.
When considering whether to use 3D printing in all or portions of a construction project, the areas of concern are not that dissimilar from existing construction contract concerns. The contract should be drafted with the applicable building codes and regulations in mind. Certain localities may prohibit buildings made from one material or another, or may impose additional licensure, zoning variances or permits for construction outside the historical construction process.
It is also important to pay close attention to the intellectual property indemnification language. The blueprints used within this process are often proprietary. You want to ensure the builder has the legal right to use the drawings, and include a strong indemnification provision in the event the builder does not. If you’re the builder, you want to ensure that the blueprints remain your property after the work is complete.
The construction industry stands to benefit greatly from not only drones and 3D printing, but also other areas of rapidly advancing technology, such as artificial intelligence in logistics. By taking proactive steps to reduce risks in their contracts, construction companies can minimize legal exposure while maximizing technology’s potential.
For more information, contact MacDonald Illig’s construction practice group at 814/870-7600 or info@mijb.com.
Michael Micsky is a partner at MacDonald Illig Attorneys and a member of the firm’s Banking & Real Estate and Business Transactions Practice Groups.
