Artificial Intelligence (AI) is the 'new thing' that will transform every economy. It has the capability of streamlining processes, the manner of thinking, and the performances of each sector. However, there still remain a number of wrinkles, which need ironing in terms of the widespread adoption of AI and other machine learning data driven technologies, including the need for legislations, or ratification of international treatises for governing the use and scope of the technologies as well as the determination of responsibilities in case of a default committed on account of such use.
Construction and Infrastructure sectors form the bread and butter of any developing country, wherein a growth in these sectors facilitates the altogether flourishment of economies. In , the construction sector contributes over 9% towards the gross domestic product (GDP) and employs approximately 50 million people. In view of the nation's vision of becoming a economy, it is anticipated that the construction and infrastructure sector shall be a key contributor and will provide necessary support to the country's administration for attaining its desired goals.
In this path, AI may act as a vital engine for driving the growth of the construction sector and thus, ultimately facilitating the achievement of long-term vision. With its massive potential, in the sectors of construction and consulting, AI driven technologies may emerge as a hero and provide requisite assistance in areas like contract management, and asset lifecycle management, thereby smoothening overall project executions and ensuring timely completions.
However, for an efficient utilization of this engine, there is a need for calculated adoption, after mitigating the associated risks and exploring the areas in need.
Laws & Treaties Surrounding AI
While the AI-driven technology sector remains largely unregulated in most countries, an international convention titled the , Democracy, and the Rule of Law (CETS No. 225) was signed on , and paved way for a better tomorrow. This agreement brought together multiple nations, including the , , and the . Although CETS No. 225 does not expressly deal with the ramifications concerning the use of AI or machine learning data driven technologies in construction or consulting, it sets out certain 'general principles', as laid down below, which shall be implemented by each party to the Convention, 'in regard to artificial intelligence systems':
While CETS 225 may be considered as a necessary initiative promoting the regulation of AI development processes, including planning, designing, and operation, it suffers from a wide range of ambiguities, which require resolutions in order to facilitate an efficient adoption, sans the risks. Needless to mention, that the actual implementation of the Convention is also dependent on its ratification by signatory countries, wherein only 5 countries have ratified the convention to date.
In addition to the CETS 225, many countries like the have started regulating different aspects of AI, and have delved into action to provide a rounded legislation, however, until these legislations are fully drafted and enforced, any form of adoption of AI will bring about an unconditional and unavoidable adoption of the potential risks as well.
Another potential complication which may arise for developing countries like and , which have recently become signatories to a statement titled Inclusive and Sustainable Artificial Intelligence (AI) for People and the Planet and another pact concerning the protection against the potential catastrophic harms of AI, may pertain to their inability to strictly regulate the development of AI, as such a move may have an inadvertent effect of discouraging investments within their economies.
Potential Risks - Identifying Responsibility
It is an undisputed fact that AI is a completely data driven technology, viz. the outputs are based on the data fed or available to the machine learning software. Thus, in a case where the data fed to the machine is incomplete or incorrect, the outputs may prove to be unprecedented. While this issue may seem insignificant in a general sense, when a process relating to construction is considered, such a result based on incorrect or incomplete data may possibly risk, either the safety of employees or the overall project execution in itself, resultantly leading to disputes or disasters.
If such be the case, one of the most critical question, which may arise, may pertain to the person, or the piece of technology, who may hold the baton of accountability. In such circumstances, the sheer lack of the ability of AI and machine-driven technologies to undertake any responsibility may create additional hurdles, wherein, even the developer of the technology may fall within the ambit of a 'defaulter'. Thus, the question of 'whose responsibility must arise if AI falters' is a substantial issue when it comes to the construction and infrastructure sector, especially concerning the rampant adoption of this revolutionary technology in a law-deficient domain.
, like many other countries, follows the principle of 'vicarious liability' in terms of master-servant relationship, in accordance with which, the Courts may hold an employer liable for the acts committed on account of an employee during the course of his/her employment. While this doctrine is followed in majority of cases, its applicability to the relationship between a machine and the employer may open the floodgates to enormous amounts of litigation. It is worth noting that a significant complication arises from the fact that machines are not granted any legal recognition under Indian law and, therefore, may not qualify as 'employees.'
Considering this, while AI driven technologies may facilitate efficiency into the sector, companies may be required to hold on to hope that nothing goes haywire.
Considering the Bigger Picture
AI driven technologies have an unquestionable ability to calculate risks, identify issues, and provide solutions in record time, if used in the desired manner. The global construction market is forecasted to grow 85% to by 2030 and automation could raise productivity growth globally from 0.8% to 1.4% annually.
Even though the above-mentioned figures seem to set a positive picture towards chances of attaining the goal, for this to become reality, it is essential for the consulting and construction industry to make a calculated adoption of AI technologies, pending any regulation from the end of the State. The need for such a calculated adoption may be necessary owing to AI's ability to surprise or even hallucinate, where, such hallucination in terms of a construction process may turn to be a misadventure.
It may also be necessary for different countries to expedite their initiatives of regulating AI driven technologies, on account of the fact that the current rate of development of AI is significantly higher than the pace at which regulations are being imposed on the sector, thus, giving rise to a dangerous path.
That said, it is a ubiquitous fact that AI is here to stay. Whether it affects jobs or not may be a concern, however, its potential to significantly transform the entire construction industry cannot be put to question.
