Technology and Construction Court lays down rules for use of AI
In an update to its guide, the TCC has laid down the rules for the use of AI in cases brought before it.

The TCC sets out the rules in the recently published Technology and Construction Court Guide Fourth Edition 2026, the first update to the guide since 2022.
Section 1.6 of the guide covers the use of AI. It states that “all legal representatives are personally responsible for the material they put before the court and have a professional obligation to ensure that it is accurate and appropriate. Provided that representatives are mindful of that responsibility and of their professional obligations, AI can be used.”
Whether and to what extent legal representatives should disclose their use of AI “will depend on the context”. If there is any doubt about whether to mention the use of AI, it must be resolved in favour of disclosing its use.
The TCC rules cover data privacy: “Legal representatives must at all times uphold the confidentiality of and protect the privacy of any underlying data in relation to which AI is used.”
As the number of incidents of lawyers failing to check AI outputs continues to mount, the TCC rules state: “Legal representatives must independently verify the accuracy of any research or case citations that have been generated with
the assistance of AI and must be in a position to confirm that they have done so.”
In addition to the use of AI, the guide addresses the Building Safety Act 2022 and the Procurement Act 2023.
Last week, the University of the Built Environment’s leadership forum, Built Environment Futures Assembly, said, “clients and procurement teams increasingly need to understand not only whether suppliers are using AI, but how they are using it, with what data, under what controls and with what assurance”.
Earlier this year, nima’s thinktank, the GIIG, warned the industry to be sceptical of AI’s benefits and wary of its risks.
Last year, RICS became the first built environment institution to embed the ethical and correct use of AI into its standards.
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