---
title: "Contract clause: AI-generated design, BIM data and practitioner responsibility"
url: "https://ailawframework.com/precedents/construction-and-infrastructure/ai-in-design-and-bim-clause"
type: "precedent"
site: "AI Law Framework"
id: "a11-ai-in-design-and-bim-clause"
area_id: "A11"
kind: "clause"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# 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…

Canonical page: https://ailawframework.com/precedents/construction-and-infrastructure/ai-in-design-and-bim-clause  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Clause. Wording to drop into a longer document.
- Practice area: [Construction & Infrastructure](https://ailawframework.com/precedents/construction-and-infrastructure.md)
- Jurisdictions: New South Wales, Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 4 authorities it cites, for New South Wales and Australia.

## 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.

## Authorities

- [Design and Building Practitioners Act 2020 (NSW) s 9 (design compliance declarations by registered design practitioners)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2020-007#sec.9)
- [Design and Building Practitioners Act 2020 (NSW) ss 36–40 (duty of care for construction work, including design; non-delegable; no contracting out)](https://legislation.nsw.gov.au/view/html/inforce/current/act-2020-007#sec.37)
- [Copyright Act 1968 (Cth) ss 32, 35 (original works; ownership)](https://www.legislation.gov.au/C1968A00063/latest/text)
- [Telstra Corporation Ltd v Phone Directories Co Pty Ltd 2010 FCAFC 149 (copyright requires identifiable human authors)](https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2010/2010fcafc0149)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/construction-and-infrastructure/ai-in-design-and-bim-clause and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*