范围(计算机科学)
立法机关
执行
新兴技术
风险分析(工程)
计算机科学
业务
管理科学
知识管理
立法
过程管理
工程伦理学
出处
期刊:Journal of Legal Affairs and Dispute Resolution in Engineering and Construction
[American Society of Civil Engineers]
日期:2025-12-18
卷期号:18 (2)
标识
DOI:10.1061/jladah.ladr-1304
摘要
Recent technological advancements offer new possibilities for managing and resolving disputes in the construction sector, particularly through the application of Smart Contracts and Technology Assisted Review. Smart Contracts, leveraging blockchain technology, automate the enforcement of contractual obligations, while Technology Assisted Review employs Artificial Intelligence to facilitate efficient legal document review. The primary objective of this article is to identify and analyze legal issues associated with the implementation of these technologies in construction projects, emphasizing the necessity of a cautious, legally informed approach to their adoption. The methodological framework comprises an analysis of relevant literature, legal cases, and legislative contexts across multiple jurisdictions, highlighting both practical advantages and associated challenges. Within the scope of this article, these technologies are examined through a theoretical framework grounded in the rule of law. Despite their increasing recognition and benefits, this article identifies insufficiencies within existing legal frameworks governing their implementation. The article underscores the importance of adopting these technologies carefully, balancing appealing advantages, such as increased efficiency and reduced costs, against fundamental legal principles of fairness and accountability. These findings could inform future policy development, judicial analyses, and contractual practices, potentially enabling the effective integration of these technologies consistent with established legal principles.
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