Construction Technology | Law Offices of Steven J. O'Neill

Drone Operations in Construction: Navigating Federal Aviation Administration Requirements and Liability Exposure

Unmanned aircraft systems have become indispensable tools for construction project management, but rapid adoption has introduced regulatory compliance obligations and liability risks that require careful legal consideration. Drone technology provides construction companies with unprecedented capabilities for site surveying, progress monitoring, and safety inspections that were previously costly and time-consuming. However, the construction industry’s rapid adoption of drone technology has created new efficiencies alongside regulatory compliance obligations and liability risks that demand careful legal attention. Federal Aviation Administration Regulatory Framework Federal Aviation Administration regulations govern all commercial drone operations, including construction-related activities. The Part 107 rule establishes operational limitations that construction companies must observe, including daylight-only operations, visual line-of-sight requirements, and altitude restrictions. Construction sites often present complex airspace challenges, particularly in urban environments where temporary flight restrictions may apply or where operations near airports require additional coordination. The regulatory framework requires remote pilot certification for anyone operating drones commercially, including construction applications. Construction companies must ensure that personnel conducting drone operations possess appropriate Federal Aviation Administration certifications and understand applicable limitations. Violations can result in significant civil penalties and potential criminal liability. Professional Liability Considerations Professional liability considerations extend beyond regulatory compliance to encompass the accuracy and application of drone-collected …

Building Information Modeling and Professional Liability: Who Owns the Risk When Digital Models Fail?

The construction industry’s widespread adoption of Building Information Modeling has transformed project delivery, but this digital revolution brings complex liability questions that traditional construction contracts were never designed to address. Building Information Modeling technology creates a shared digital environment where architects, engineers, contractors, and subcontractors contribute to and rely upon a single comprehensive model. This collaborative approach generates significant benefits, including reduced conflicts, improved coordination, and enhanced project visualization. However, the very nature of shared digital modeling creates potential liability traps that project participants often fail to recognize until disputes arise. The Fundamental Challenge of Shared Responsibility The primary legal challenge lies in determining responsibility when BIM-related errors lead to construction defects, schedule delays, or cost overruns. Traditional professional liability concepts assume clear boundaries between design and construction responsibilities. BIM technology blurs these lines by enabling real-time model updates throughout the project lifecycle. Consider this scenario: when a structural engineer modifies the digital model to reflect field conditions, and that modification creates conflicts with mechanical systems, who bears responsibility for the resulting problems? The answer depends largely on contract language that frequently fails to address these scenarios adequately. Key Legal ConsiderationStandard form agreements developed before widespread BIM adoption contain limited …

Title Page - AGC Managing Risk in the Digital Age

Associated General Contractors (AGC) and FMI recently published a survey of contractors’ perceptions of risk together with an analysis of factors expected to drive change in the U.S. engineering & construction (E&C) industry in the coming years. See Managing Risk in the Digital Age. The survey (completed late 2017 and published in 2018) yielded in four key findings: The “people factor” remains one of the biggest risks for E&C firms in today’s business environment. Industry stakeholders expect to see more change in the built environment within the next five years than there has been in the last 50 years. Most survey respondents are innovating “around the edges” and adopting technology in a piecemeal fashion (or not at all) but not fundamentally transforming their business approaches. For years, contractors have tackled risk by purchasing insurance programs and managing claims. Today that is no longer enough. The survey notes that business is strong and is expected to continue well into 2019. Despite the current positive activity, E&C industry leaders are concerned with a variety of risk factors including: labor shortages (especially skilled trades and field supervisors but including managers), the decline in the quality of design documents, and the accelerating pace of …