Our team combines deep construction sector knowledge with market leading digital expertise to support clients across every stage of their digital journey – from procurement and contracting, through governance and implementation, to risk management and dispute resolution.
The construction industry is undergoing rapid digital transformation. AI tools are increasingly embedded in workflows, particularly in design and specification processes. At the same time, companies are under growing pressure to demonstrate:
- effective digital governance and information management
- responsible and compliant use of AI
- clear contractual commercial benefits and allocation of risk for digital tools, software and data
- resilience around data protection, cybersecurity and continuity
This accelerating shift means construction businesses are looking for practical, sector‑specific support to embed digital tools and manage emerging risks.
HOW WE SUPPORT CLIENTS
Our work in this space focuses on helping clients turn these challenges into opportunities through targeted support.
Digital construction and data management
We advise on the legal and contractual foundations of digital delivery, including:
- drafting BIM Protocols. other information contractual provisions and advising on the same;
- advising on digital construction risks and contract terms
- structuring project extranets and “golden thread” access rights
- reflecting digital construction risks in standard contractual terms and other processes;
- training teams on safety record duties and information management governance
Cloud, software and SaaS contracting
We regularly advise clients procuring or supplying technology used on construction projects, including:
- negotiating SaaS agreements for common data environments, project tools and cost platforms
- drafting software development, outsourcing and integration agreements
- advising on exit, migration, escrow and step‑in rights
- vetting vendor terms during bids and ensuring alignment with NEC and JCT contracts
Artificial intelligence & automation
We help clients understand and manage AI risk in construction environments, including:
- advising on UK and EU AI regulatory developments, including the EU AI Act
- mapping risk and liability for AI‑enabled tools, autonomous machinery, drones and design software
- preparing AI governance frameworks, risk management policies and procedures
- drafting contractual provisions to reflect the use of AI in contracts and sub-contracts;
- drafting AI‑related contractual provisions addressing risk, liability, data use and IP
- advising on procurement and supplier due diligence for AI tools and platforms
Data protection & cybersecurity
We advise on data protection and cyber risk arising from digital delivery, including:
- designing frameworks for data sharing and international data transfers
- preparing breach response playbooks and running ransomware readiness exercises
- managing subject access requests across groups, joint ventures and consortia
- integrating data protection and cybersecurity obligations into technology and construction contracts
Intellectual property for digital construction
We support clients developing or using digital tools and data‑driven solutions by advising on:
- registering and managing UK trademarks for construction brands and digital offerings
- structuring IP licences and revenue‑sharing arrangements for joint development projects
- ensuring compliance with open‑source software requirements
Flexible and ongoing support
Clients can also access our Digital In‑House Lawyer (IHL) service, providing flexible, ongoing support for in‑house teams on digital contracts, technology, data protection, IP and AI matters.
If you would like to explore how we can help you manage risk and adopt new technologies confidently, please contact Andrew Croft or James Hutchinson.
Our specialists regularly publish commentary on the evolving role of AI in construction, including how AI is transforming design processes, the legal implications of adoption, and industry‑wide trends toward digital maturity and data‑led decision‑making. To receive our fortnightly construction law updates, sign up here.
