9
OPINION
The future of dispute resolution
AI is transforming dispute resolution by predicting outcomes, reducing conflicts, and enhancing decision-making – while raising vital data privacy concerns.
Technology update brought to you by
A rtificial intelligence is revolutionizing industries worldwide, and construction is no exception. From project management to risk assessment, AI-driven tools are improving efficiency and mitigating conflicts.
After more than three decades in construction management and dispute resolution, I’ve seen technologies come and go, some promising, some transformative, but AI, at this time, appears different. It’s not just changing how we build; it’s reshaping how we think about conflicts in the construction industry, how we foresee them, how we mitigate them, and potentially, how we resolve them. To understand AI’s potential in dispute resolution, it’s important to first consider the most common causes of construction disputes. These include errors and omissions, differing site conditions, resource availability, and owner-directed changes. Errors and omissions, such as design flaws or incomplete documentation, can lead to conflicts about project execution. Differing site conditions, including unexpected environmental or structural challenges, can result in delays and cost overruns.
Resource availability issues, such as shortages of materials or skilled labor, can disrupt schedules and lead to disputes over responsibilities. Additionally, owner-directed changes, where modifications are requested after construction has begun, often lead to disagreements over scope, costs, and timelines. Typically, resolving these disputes requires careful human analysis, but what if AI could assist with this task? A study published by the American Society of Civil Engineers in 2023, “Journal of Legal Affairs and Dispute Resolution in Engineering and Construction,” tested AI’s ability to analyze past construction disputes that had already been resolved through adjudication. When AI was applied to these cases, it successfully predicted or aligned with the actual reasoned resolutions (the final decisions made in those disputes) 95% of the time.
Tomas Mitchell, PE, CFCC
See THOMAS MITCHELL, page 10
THE ZWEIG LETTER NOVEMBER 3, 2025, ISSUE 1608
ELEVATE THE INDUSTRY®
Made with FlippingBook flipbook maker