Clause · Construction & Infrastructure
Contract clause: AI-generated design, BIM data and practitioner responsibility
Clause for consultant appointments and design and construct contracts governing the use of AI in design and BIM: disclosure, practitioner verification, compliance declarations, records, data use, IP in AI-assisted outputs and liability.
- Kind
- Clause. Wording to drop into a longer document.
- Where it applies
- New South Wales, Australia
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 17 October 2026
- Status
- Maintained. Checked against the cited sources on 17 October 2026.
- Version
- 1
- Source
- Written for this library
When to use it
Use in design consultant appointments, design and construct contracts and subcontracts where designers or contractors may use AI tools (generative design, code-checking, BIM automation). Adapt the IP clause to the contract's existing IP regime.
How AI may be used
AI may draft clause variants for lawyer selection and compare them with the contract's IP, design and insurance clauses; the lawyer settles the allocation of risk and checks consistency with statutory duties that cannot be excluded.
AI may
- Draft alternative versions of the clause for principal-friendly and consultant-friendly positions.
- Check the clause against the contract's definitions, IP, confidentiality and insurance clauses and list inconsistencies.
- Summarise a designer's AI tool terms (data use, ownership of outputs) for the lawyer.
AI must not
- Must not suggest that contract terms can exclude or limit the statutory duty of care under the Design and Building Practitioners Act.
- Must not assume an AI tool's output terms allow the IP allocation in the clause; check the tool terms.
- Must not upload design data subject to confidentiality or security restrictions to an unapproved tool.
The lawyer checks
- The clause works with the existing IP and moral rights regime and any novation.
- Professional indemnity insurance responds to AI-assisted design work.
- Design compliance declaration obligations remain with the registered practitioner.
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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