Technology in Construction Claims Management

• Author: By Sasha Christian, Ilana Ritvalsky, and Richard J. Kalinowski
• Pages: 18-24

THE CONSTRUCTION LAWYER18 Fall 2020

Published in The Construction Lawyer, Volume 40, Number 4, Fall 2020. © 2020 American Bar Association. Reproduced with permission. All rights reserved. This information or any portion

thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

Technology in Construction Claims Management

By Sasha Christian, Ilana Ritvalsky, and Richard J. Kalinowski

NEW BENEFITS, NEW RISKS

Sasha Christian is a senior associate consultant in the

Houston ofce of HKA. Ilana Ritvalsky, EIT, is a

manager in the Philadelphia ofce of HKA. Richard J.

Kalinowski is an attorney in the New York ofce of Zetlin

& De Chiara LLP.

Due to the COVID-19

pandemic, the way we work—

whether in an ofce or out in

the eld—has changed signif-

icantly, and in an extremely

short amount of time, even

overnight in some cases.

Without available technol-

ogy, this unprecedented shift

would have been impossible.

The abrupt, industry-wide

transition to virtual working

has led to a new understand-

ing of the practicality and

possibilities inherent in many

new technologies. As construction sites throughout the

U.S. begin reopening after shutdowns or ramping up after

slowdowns or suspensions, these technologies may play an

even larger role in a project’s success.

The mere fact that a construction project nishes on

schedule does not mean that productivity was at its peak.

Most likely, downtime was incurred, whether it was due

to waiting for materials, having to perform rework, work-

ing around other trades, or having to perform work in an

inefcient way. With the new safety and social distancing

policies being implemented, these inefciencies are sure

to increase.

Implementing new technologies such as tablets, drones,

or even big data to automate certain processes can improve

productivity. Such technologies have become increasingly

easy to access and use; all that is needed is a willingness to

experiment with them and a commitment to fully explore

their inherent advantages.

Along with discussing the technologies themselves, this

article will also discuss some of the practical considerations

related to implementing them, as well as potential legal

liabilities and ways to mitigate those liabilities. The over-

all goal of this article is to provide a well-rounded view of

these technologies to help construction professionals make

informed decisions when choosing to implement them.

Tablets

When Android released the rst modern tablet computer

in 2009, it paved the way for revolutionary changes in the

way we use technology. Apple further spurred this change

with the debut of the iPad in 2010. For the rst time ever,

consumers could enjoy computer-like functionality paired

with the mobility of a cell phone. With most major tech

companies now offering their own versions of tablets, these

portable devices are permeating our personal lives. Simi-

larly, they are permeating our workplaces and construction

sites.

Without a doubt, the biggest advantage of tablet use is

convenience. We see this convenience in the construction

industry, as tablets can replace many items typically used

in the eld. Instead of fumbling through a full set of draw-

ings and plans, or lugging around a laptop while walking a

site, one can simply use a tablet. Similarly, a tablet can per-

form the same functions as a camera, a watch, a notebook,

a GPS, a calculator—and myriad others—all in one device.

Tablets also offer the benet of real-time information-

sharing. As long as Internet or mobile data connectivity is

available, data can be easily transmitted from one person

to another, regardless of location. Software companies are

supporting this use by making their products accessible on

portable devices through mobile applications, or “apps.”

For example, some of the most common ofce productiv-

ity software, such as Microsoft Ofce and Adobe Acrobat,

are available for mobile use. Even construction-specic

software such as BlueBeam, PlanGrid, and ProCore have

accompanying “apps” that can be utilized while on-site.

An individual working in the eld can now livestream

site walk-throughs to stakeholders or other ofce-based

project parties. Inspectors can share photographs, notes,

and drawing markups. Drawing revisions can be com-

pared to installed work, and documents can be e-signed

in the eld. Imagine how much more productive progress

Sasha Christian Ilana Ritvalsky

Richard J. Kalinowski