10-06-2026
The age of AI has arrived, and many construction businesses are now exploring ways to resolve commercial issues and pursue claims more cheaply using robots rather than humans. But are the robots really fit for purpose?
We are getting a growing number of enquiries from clients that had decided on DIY claims they submitted including adjudications using AI, got into a pickle with it and got it wrong. If you look at the web you can see all kinds of impressive sites that profess to give all the answers for the next to no cost but is this a risk?
From what I can see AI undoubtedly broadly identifies commercial construction contract and for that matter all construction rights and remedies, but not all information is correct. Also, every construction contract and for that matter all construction disputes is my experience are all different and come with their own subtle differing factors that can only be properly evaluated and argued by a human. If you get it wrong, it will be disaster in adjudication.
The first question is always: what is the contract? Consumer or B2B, is there a formally signed document? If not signed the contract rights need to be determined by the contemporaneous detail recorded in formation and conduct. Are there contractual rights, amended contract rights, statutory rights or common law rights that apply, there are often arguments so how can AI determine them accurately? A robot cannot argue the case it can only answer a question it thinks you have asked. How can it give you a 100% correct answer?
For example, the construction payment process is governed by statute and AI offers that knowledge and templates to use, but it can’t judge the payment mechanism that applies if it is unclear or arguable as to what it is or if it is “inadequate” in some ways. Even if facts are available the answer is it can only ever be a belief or argument AI says it is. Is that answer correct? If your contract rights are misinterpreted the entire case will collapse as the “answer” may be irrelevant or wrong.
Aspects that normally must be determined in any payment dispute are for example, the Payment Due Date, Payment Period, Final Date for Payment, Payment and Pay Less Notices plus dates associated. Can AI determine the timing, adequacy and validity of all these aspects when there may be a risk of argument as to what the right answer is?
In conclusion, every construction contract is different and no generic answers. There are lots of twists and turns to consider in construction contract or claim, if the right questions have not been asked and there is a risk that there is more than one answer, from what we have seen you are at risk of getting it wrong. Before relying on AI-generated advice, have it reviewed by an experienced construction professional. A second opinion could be the difference between a successful claim and a costly mistake. If you have used AI to assess a construction dispute or prepare a claim, we would be happy to review the position and provide our independent opinion before you proceed.
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