Media Mention
Cotney Interviewed on “Why ChatGPT (Still) Needs a Construction Lawyer”
Published: Nov 28, 2025
Two and a half years ago, Construction Dive asked ChatGPT, OpenAI’s large language model, to generate a construction contract on a design-bid-build job for a 600-unit, mixed-use project in California. The document, attorneys said, could be legally enforceable – it addressed scope of work, payment terms, a termination clause and sections on indemnification, insurance, and change orders. However, the contract also came with missing clauses and poor risk management when reviewed by attorneys.
And then there’s the concern of “hallucination” says attorneys, like Cotney, as hallucinations have been a massive problem for large language models. Construction Dive cited a New York Times article that reported hallucination rates have reached as high as 79% for newer AI systems, depending on the test and tool. Currently, a database that tracks AI hallucination cases in legal systems across the world has included about 600 cases – many of them in the U.S.
“Not to mention the fact that there’s a reputational hit, and your client obviously is not going to be happy with that either,” Cotney said.
But Cotney did point out certain advantages of AI for construction attorneys, such as assisting in daily administrative tasks and due diligence items. “I do use AI for purposes of cross checking what I’ve done, identifying if there’s something else to think of that I haven’t thought of, or helping me fine tune certain things or compile certain things,” Cotney said.
At Adams & Reese, Cotney is a leading member of one of the largest construction teams in the country with more than 90 attorneys licensed across more than 35 states. Cotney represents GCs, subcontractors, suppliers, manufacturers, architects, engineers, roofers, developers, and other professionals. Cotney is a board-certified construction lawyer licensed in eight states and Washington, DC, and he is an EU arbitrator for construction-related disputes.
Cotney is also experienced in construction litigation and arbitration, including OSHA defense, lien law, bond law, bid protests, and construction document review and drafting. Cotney serves as General Counsel for more than 10 construction and roofing trade associations and organizations, and he has published more than 1,000 articles in over 100 publications.
