Redefining Standard of Care – Artificial Intelligence  

The “standard of care” is a foundational concept in professional liability for architects and engineers (A/E's). It defines the level of skill, knowledge, and diligence that a reasonably prudent design professional would exercise under similar circumstances. This benchmark does not require perfection but expects professionals to adhere to industry norms and practices current at the time of the project. Courts often assess standard of care by comparing the conduct of a professional to peers in the same discipline, same locale, and under similar conditions.

For example, an engineer designing a bridge is not expected to produce a flawless design but is obligated to apply generally accepted engineering principles, stay current with applicable codes, and perform with reasonable competence. If a failure occurs due to gross deviation from these norms—such as ignoring known load requirements or environmental conditions—it may constitute a breach of the standard of care, opening the professional to liability.

Significant Transformation

Traditionally, the standard of care evolves slowly, shaped by generally by litigation, licensing standards, and peer-reviewed practices. However, with the emergence of Artificial Intelligence (AI), this standard is poised for significant transformation.

Artificial intelligence (AI) is redefining design capabilities, driving efficiency, innovation, and sustainability. From automated real-time design updates in building information modeling (BIM) to energy-consumption analysis, AI streamlines workflows. Project management is also evolving with AI, ensuring timely and budget-friendly completion through intelligent scheduling, resource allocation, and clash detection and risk prediction. These tools can detect design errors, improve constructability, simulate performance under countless scenarios, to automated code compliance checks. 

Legal and Professional Implications

As AI becomes more integrated into design workflows, the legal expectation of what constitutes “reasonable care” will shift. What was once acceptable human oversight may be deemed negligent if an available AI system could have prevented a costly error. For instance, if an architect fails to use a widely adopted AI-based clash detection tool and a preventable coordination error leads to construction delays, courts may consider the omission a breach of the standard of care.

Moreover, the use of AI raises complex questions about responsibility and delegation. While AI enhances decision-making, it does not replace professional judgment. Design professionals remain ultimately accountable for the design and outcomes. If AI suggests a design element that later proves flawed, the liability still rest with the professional who approved it. When professionals are implementing AI into their design process - additional risk management policies, and practices must be implemented and training conducted.  

Going forward, professional associations, licensing boards, and insurers will need to provide updated guidance on the appropriate use of AI in design. Continuing education and ethical codes will likely be revised to include competence in digital tools and data literacy.

Conclusion

AI will not eliminate the standard of care—it will redefine it. Architects and engineers must remain vigilant, adapting to new tools and understanding their limitations. The future standard of care will blend traditional principles of professional judgment with a duty to reasonably employ available technologies. Those who fail to implement AI tools, along with those who incorporate without the proper precautions may find themselves increasingly exposed to legal and professional risk.