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Are drones legally safe for site inspections in construction?

On Behalf of | Feb 4, 2025 | Construction Law

Drones are changing how construction companies monitor projects, improving efficiency and safety. These devices provide real-time data, reduce inspection costs, and minimize risks for workers. However, using drones for site inspections comes with legal challenges that construction firms must address.

FAA regulations and licensing

The Federal Aviation Administration (FAA) regulates drone usage in the U.S. Operators must follow Part 107 of the FAA’s regulations, which require a Remote Pilot Certificate for commercial drone use. Construction companies using drones must ensure compliance with altitude limits, airspace restrictions, and operational guidelines. Failing to follow FAA rules can result in fines and legal action.

Privacy and data security concerns

Drones collect high-resolution images and videos, raising privacy concerns. If a drone records people or private property without consent, it may lead to legal disputes. Construction firms should establish clear policies to protect sensitive data and avoid violating privacy laws. Ensuring secure storage and restricted access to collected data can help prevent unauthorized use.

Liability for accidents and damages

Drone accidents can cause property damage, injuries, or even fatalities. If a drone malfunctions or crashes into a building, determining liability can be complex. Construction companies should have insurance coverage for drone-related incidents. Proper training and regular maintenance can also reduce the risk of accidents.

Intellectual property risks

Drones capture detailed site images, which may include proprietary designs or confidential project details. Unauthorized sharing or hacking of this data could expose companies to legal disputes. Implementing security measures, such as encryption and controlled access, can protect intellectual property.

Construction firms should develop drone policies that align with federal laws. Training employees on compliance, securing permits, and maintaining detailed flight logs can help reduce legal risks.

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