Sustainability and the Law: A Legal Framework for Digital Technologies in an Inclusive Construction Industry

This paper considers the need for a clear legal and policy framework to guide a more sustainable construction industry and the use of digital technologies. It commences with an analysis of the meaning of sustainable development and briefly reflects on the three components of sustainable construction industry. The paper argues that while much has been written on the environmental aspect there has been more limited engagement with the social component of sustainable development. It critically analyses decent work deficits in the construction industry and the role of law and technology in addressing these deficits. In so doing it follows a doctrinal and legal research methodology. The paper argues that while the benefits of certain digital technologies for safer construction industry are undeniable, there is not much certainty on the extent to which the construction industry is legally obligated to adopt such technologies. Ultimately, it considers that codes on corporate social responsibility could play a valuable role where they operate alongside clear legal frameworks to guide the construction industry in the adoption of such technological tools. These technological tools are then to be used as part of a broader commitment to promoting a sustainable construction industry in which there is decent work for all. It concludes with recommendations for legal reform to guide a more sustainable construction industry.