Construction litigation is evolving—and artificial intelligence is changing how liability is evaluated.
Artificial intelligence is reshaping how projects are designed, coordinated, and executed. At the same time, disputes are becoming more complex—less about obvious mistakes and more about layers of decisions, assumptions, and evolving responsibilities.
For attorneys handling construction defect, delay, and professional liability cases, one question is becoming increasingly important:
Do you have an expert who understands both real-world construction and the impact of AI on decision-making?
In this interview on The Intelligent Builder, I break down exactly that.
To fully understand how AI, client behavior, and real-world construction dynamics intersect, watch the full conversation below:
A big thank you to Owen Gagne for having me on the podcast In this interview, Lori Dennis, a Los Angeles construction expert witness with over 30 years of experience, breaks down how AI is influencing design decisions, standard of care, and the real-world failures that lead to disputes.
AI in Construction: A New Layer of Risk in Litigation
Artificial intelligence is rapidly being integrated into the design and construction process. From conceptual design tools to workflow automation, AI is influencing how decisions are made at every stage of a project.
But one of the most important insights from the interview is this:
AI does not eliminate risk—it redistributes it.
Where AI Is Showing Up
Design generation and visualization
Space planning and layout optimization
Document coordination and review
Workflow automation and communication
The Legal Implications
For attorneys, AI introduces critical new questions:
Who is responsible for an AI-assisted design decision?
Was reliance on AI reasonable under the standard of care?
Did automation obscure coordination errors or omissions?
How do you evaluate professional judgment when AI is involved?
These are not theoretical concerns—they are actively emerging in disputes.
A qualified construction expert witness must be able to analyze not just what happened, but how technology influenced decisions and outcomes.
The Gap Between Design Intent and Field Execution
One of the most consistent causes of construction disputes is the disconnect between:
What is designed
What is documented
What is actually built
In theory, construction follows a clear, coordinated plan.
In reality:
Drawings are incomplete or conflicting
Field conditions require adjustments
Trades interpret details differently
Decisions are made under time and budget pressure
This gap is where many construction defects and claims originate.
Understanding this requires more than reviewing documents—it requires real-world experience in how projects actually unfold.
Why Real-World Experience Matters More Than Ever
A recurring theme in the interview is the difference between:
Theoretical expertise
Practical, field-based knowledge
Construction is not a controlled environment. It involves:
Constant problem-solving
On-the-fly decision-making
Coordination across multiple parties
An effective construction litigation expert must understand:
Industry standards
Realistic expectations
The context behind decisions
Without that perspective, it’s easy to misinterpret actions after the fact.
Client Expectations: The Hidden Driver of Disputes
One of the most overlooked—but critical—factors in construction litigation is client behavior.
Projects are shaped by:
Budget constraints
Timeline pressures
Changing expectations
Decision-making patterns
In the interview, we discuss how these dynamics often:
Drive changes mid-project
Create tension between stakeholders
Lead to misunderstandings and claims
AI can amplify this problem by:
Creating unrealistic expectations about speed and cost
Giving clients a false sense of certainty early in the design process
For attorneys, this context is essential.
Because disputes are not just about technical failures—they are about how and why decisions were made.
How AI Is Changing Standard of Care
As AI becomes more integrated into the industry, it is also influencing the standard of care.
Key questions now include:
Should professionals rely on AI tools?
When does reliance become negligence?
What level of verification is required?
These issues are redefining how responsibility is evaluated in construction cases.
An experienced design expert witness must be able to:
Assess whether AI use was appropriate
Evaluate decision-making processes
Explain these concepts clearly in legal proceedings
Authority, Communication, and Expert Testimony
Another key takeaway from the conversation with Lori Dennis is the importance of authority and communication.
Top professionals don’t compete on price—they compete on:
Credibility
Clarity
Positioning
The same is true in litigation.
An expert witness must:
Communicate complex issues in a clear, understandable way
Establish credibility quickly
Maintain consistency under cross-examination
Educate judges and juries—not confuse them
This is where experience and communication skills intersect.
From 30+ Years in Construction to Expert Witness & Educator
With more than three decades in the design and construction industry, my work has evolved from project execution to:
Expert witness services
Construction litigation support
Case evaluation and analysis
Education and industry insight
This background provides a unique perspective:
Understanding how projects actually operate
Recognizing patterns that lead to disputes
Identifying root causes beneath surface-level issues
It also allows me to bridge the gap between:
Technical construction knowledge
Legal strategy and communication
Why Attorneys Engage a Construction Expert Witness Early
Engaging an expert early in a case can significantly impact outcomes.
Benefits include:
Identifying strengths and weaknesses in claims
Clarifying technical issues
Supporting case strategy
Strengthening deposition and trial preparation
In cases involving AI or complex coordination issues, early expert involvement is even more critical.
Work With a Construction Expert Who Understands AI and Reality
If your case involves:
Construction defects
Design coordination failures
Project delays
AI-assisted workflows
Complex stakeholder dynamics
You need more than a generic expert.
You need someone who understands:
How construction actually works
How decisions are made under pressure
How AI is influencing outcomes
How to communicate these realities clearly in litigation
Schedule a Consultation
I provide:
Construction expert witness services
Design and coordination analysis
Litigation support for attorneys
Deposition and trial testimony
If you’re handling a construction-related case and need a credible, experienced expert, contact me to discuss how I can support your case.
Final Thought: The Future of Construction Litigation Is Already Here
AI is not coming—it’s already here.
And with it comes:
New risks
New responsibilities
New legal challenges
Attorneys who understand this shift—and work with experts who do as well—will be better positioned to navigate the next generation of construction disputes.
