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AI will change the way millions of us work; architects, engineers, and other design professionals are no exception. It’s time for a review of AI’s potential and its risks.

Staci Brinson, Esq., Risk Management & Education Specialist, AXA XL Design Professional

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Risk Management & Education Specialist, 色多多视频Design Professional

Design professionals are entering a technological renaissance that promises to offer new methods of driving efficiency and innovation. Generative artificial intelligence (AI) is only one of the tools that will transform the way architects and engineers work. AI has the potential to simplify time-consuming tasks like predictive modeling and complex calculations. Aided by systems like OpenAI’s ChatGPT, design professionals can write proposals, design schematics, review contracts for insurability, and even write emails, all in a fraction of the time it used to take. This technology is still in its early stages, and while it will be refined and improved over time, we can reduce risk by having a working knowledge of AI’s capabilities and pitfalls.

It’s crucial to understand how to use this technology responsibly. AI algorithms can process large amounts of digital information very quickly and efficiently, which makes it an appealing tool to use. However, it does not replace the human judgment we normally use to verify information. Sometimes, results can be fanciful or even flat-out wrong. In 2023, a federal court sanctioned two lawyers in New York for submitting an AI-generated legal brief with six fictitious case citations. When reprimanding the lawyers, the judge noted that there is “nothing inherently improper about using a reliable artificial intelligence tool,” but the lawyers had a duty to check the accuracy of their filings. This embarrassing episode underscores the perils of using AI but also the importance of transparency if it’s going to figure prominently in your work.

One of the risks of integrating AI is using protected intellectual property. An AI program like ChatGPT generates content from material available online— material that may be copyrighted. You should avoid using someone else’s protected information and opening yourself to a copyright claim. To the extent your work product or designs are available in the public realm, your intellectual property could be “captured” by others, especially a competitor. For example, an architect might post the schematic of a new LEED-certified building she designed on a social media platform. That design could then be captured by a program like ChatGPT and provided to a third party who is seeking design input on a similar project. Because there’s so much uncertainty about the legal ramifications of using generative AI, exercising caution is the best tactic for now.

It’s crucial to understand how to use this technology responsibly. Make your clients aware of when and how you use AI.

One way you can use AI today to increase efficiency is by having it assist in contract reviews. To test the accuracy of an AI-generated response, we asked a narrow question of ChatGPT 3.5: “What is the best way for an architect to negotiate an indemnity clause?” Within seconds, the program produced 12 steps to consider when negotiating an indemnity clause, ranging from “define scope” and “negotiate fairness” to “seek legal counsel” and “maintain professionalism.” While the information was factually correct and somewhat useful as a guide, the advice was so broad that it certainly needed professional judgment and skill to be beneficial. Herein lies the challenge with AI as it exists today: the information is out there but there are still discernment and application skills that an algorithm cannot replicate. In other words, you need to keep an eye on your contract review assistant.

Another use of AI that needs your careful review is having it contribute to your proposals and scopes of work. The main concern is that you could become complacent about using the AI tool and fail to appreciate the ramifications of the language it adds to a proposal or scope document. Ask yourself questions such as, “Will we really do everything our proposal or scope of work says we will?” and “Does this language elevate our standard of care and increase our liability?”

Despite the perils and uncertainties, AI is part of the future of technology for design professionals. Here are a few recommendations for using artificial intelligence in your practice:

  • Work within your organization to develop a cohesive policy so expectations are clear, recognizing that this is an evolving tool and flexibility will be needed.
  • The policy should prohibit employees from a) using AI to develop schematics that include parts of copyrighted work and b) uploading the firm’s designs into ChatGPT or similar AI systems.
  • Communicate your policy to all employees, especially less-experienced employees who may not always recognize the dangers or ethical implications of new technologies.
  • Educate all employees about the consequences of copyright infringement. For example, they should know whether your firm or your client owns copyrighted material the firm creates and recognize that sharing information with ChatGPT or a similar AI program could violate a confidentiality provision in the firm’s contract with the client.
  • Make your clients aware of when and how you use AI. The more transparent you are, the more likely they are to trust you. You might even consider letting them “opt out” of certain AI uses.
  • Recognize that biases can still make their way into the algorithms used by artificial intelligence and address this through human assessment.

Technological developments that change the way we work always feel daunting at first. By taking a forward-looking approach, you can minimize the potential risks and maximize the benefits that artificial intelligence can provide today and in the future.

 

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