Artificial Intelligence (AI)

AI Infrastructure Disputes

J.S. Held Acquires Element Forensic Engineering, Expanding Insurance-Focused Capabilities for Mid-Market and Large Loss Property Claims Across Canada

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When AI infrastructure failures, delays, or disruptions occur, the resulting impacts can cross technical and financial boundaries. J.S. Held helps clients understand what happened, how the impacts spread, and the associated damages in insurance claims and legal disputes, providing a single-source solution that combines deep, courtroom-tested technical and financial expertise.

The global AI hyperscale data center build-out is one of the largest infrastructure investment cycles in modern history. Its scale, concentration of value, and dependence on interconnected construction, energy, environmental, equipment, digital, and operational systems are creating technically complex claims and disputes with potentially significant financial exposure. With a dispute profile spanning multiple layers – from the physical infrastructure through the operational environment to the technology stack – no single-discipline firm can address the full scope. J.S. Held is uniquely positioned to deliver integrated expertise across all dimensions.

AI infrastructure insurance claims and legal disputes involve an interconnected combination of environmental conditions, construction activities, specialized equipment, energy systems, digital operations, intellectual property considerations, and financial consequences. These matters are further complicated by the pace of AI infrastructure development, which is intensifying demand for AI GPUs (chips), power, water, materials, specialized equipment, qualified contractors, and other constrained resources.

A disruption in one area can affect project delivery, facility performance, business continuity, and financial exposure across the broader infrastructure environment. J.S. Held examines the relevant physical, environmental, technical, project, digital, operational, and financial evidence to establish the facts and connect related impacts.

Through one integrated team that analyzes the event from distinct technical and financial perspectives, J.S. Held helps counsel, insurance professionals, owners, operators, developers, contractors, utilities, investors, and other stakeholders determine causation, assess claimed impacts, quantify property and financial exposure, and present independent findings that can withstand scrutiny in claims and dispute-resolution proceedings.

This multidisciplinary analysis gives clients a clearer, evidence-based foundation for evaluating and resolving high-stakes insurance claims, litigation, arbitration, and other disputes.

AI Infrastructure: Data Centers and Beyond

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AI infrastructure encompasses the facilities, utilities, energy generation and distribution systems, cooling technologies, computing equipment, semiconductor supply chains, construction programs, and surrounding environmental conditions required to support AI operations.

Rapid build-out can place additional pressure on energy availability, utility interconnection, material and equipment procurement, contractor capacity, project schedules, and costs. When a failure, delay, environmental issue, power constraint, construction problem, or operational disruption occurs, the consequences may extend across multiple assets, contractual relationships, and project stakeholders rather than remaining confined to a single system or discipline.

AI Infrastructure at a Glance

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945 TWh by 2030
Global electricity demand from data centers is projected to more than double by 2030, with AI as the largest driver of the increase.

SourceInternational Energy Agency: Energy and AI
 

6.7% to 12% by 2028
Data centers could account for 6.7% to 12% of total US electricity consumption by 2028.

Sources: U.S. Department of Energy report summary and Lawrence Berkeley National Laboratory findings
 

7% to more than 30%
Cooling and environmental control can account for approximately 7% to more than 30% of a data center’s electricity consumption, depending on facility type and efficiency.

SourceInternational Energy Agency: Energy Demand from AI
 

9.3 trillion liters by 2030
Global data center water consumption is projected to reach 9.3 trillion liters by 2030.

SourceReuters coverage of United Nations University research

How J.S. Held Delivers Value in AI Infrastructure Disputes:

Single-Source Solution for Integrated Technical and Financial Expertise

J.S. Held combines construction, engineering, equipment, environmental, intellectual property, forensic accounting, economic damages, digital investigations, and complex claims and disputes expertise to deliver a single-source solution that addresses:

  • What happened and why
  • Which assets, activities, and systems were affected
  • How the effects spread
  • What can be restored, repaired, or replaced
  • What delays and financial impacts resulted from the incident

Technical Investigations to Determine Cause and Origin

Investigating equipment failures, cooling events, construction defects, power disruptions, environmental issues, contamination incidents, cyber-related events, and operational issues to determine the cause and origin of a failure, delay, or disruption.

Evaluating Interconnected Impacts Across AI Infrastructure Layers

Tracing how a failure, delay, outage, or disruption affected connected assets, activities, and systems and determining the extent of associated impacts.

Quantifying Business Interruption and Economic Damages

Measuring the financial impact – business interruption, delay in start-up, extra expense, lost profits, economic damages, contractual liabilities, and other financial consequences – resulting from the underlying event.

Delivering Courtroom-Tested Expertise in Dispute-Resolution Proceedings

Combining five decades of testimony across state, federal, and international courts and arbitration venues on six continents to provide independent technical and financial analysis in litigation, arbitration, mediation, and other legal proceedings.

J.S. Held AI Infrastructure Dispute Services:

Data Center and AI Facility Failure Investigations

  • Physical Damage Investigation and Assessment
  • Commissioning and Performance Dispute Analysis
  • Cyber-Related Physical Damage Investigation
  • Network and Digital Infrastructure Failure Investigation
  • Over-Temperature Event Investigation
  • Cooling System Failure Analysis

AI Hardware and Equipment Damage Assessments

  • Contamination and Physical Damage Assessment
  • GPU Cluster Damage Assessment
  • Anion Analysis
  • Microscopy Analysis
  • Energy-Dispersive X-Ray Spectroscopy Analysis
  • pH Measurement
  • Equipment Valuation
  • Equipment Recovery and Restoration Assessment
  • Comparable Replacement Analysis
  • Repair-versus-Replacement Analysis

Power, Utility, and Energy Dispute Analysis

  • Utility Interconnection Dispute Analysis
  • Power Generation and Utility Failure Analysis
  • Battery Energy Storage System (BESS) Failure Investigation
  • Electrical Infrastructure Failure Investigation
  • Grid Capacity and Energy Supply Claims Analysis
  • Environmental Investigation and Remediation

Construction Claims and Dispute Analysis

  • Construction Defect Investigation
  • Forensic Engineering Investigation
  • Long-Lead Procurement Impact Analysis
  • Delay in Start-Up (DSU) Analysis
  • Schedule Delay, Disruption, and Acceleration Analysis
  • Labor and Equipment Productivity Loss Analysis
  • Contract Default and Termination Dispute Analysis

Financial Disputes and Damages Quantification

  • Time Element: Business Interruption and Extra Expense Quantification
  • Lost Profits and Advanced Loss of Profit (ALOP) Quantification
  • Economic Damages Quantification
  • Forensic Accounting Analysis

Digital Evidence and Dispute Support

  • Digital Forensic Investigation
  • Digital Evidence Identification, Preservation, and Analysis
  • Forensic Data Analytics
  • Technical and Financial Expert Analysis
  • Expert Reports and Testimony

For additional information about our services and to help put you in touch with the appropriate expert across our global team, contact:

Scott Armstrong
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Scott Armstrong
Executive Vice President | Equipment Practice Lead
Mark Cohen
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Mark Cohen
Senior Managing Director | Global Construction Advisory Services Practice Lead
Rob Goodwin
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Rob Goodwin
Executive Vice President | Forensic Architecture & Engineering Practice Lead
James E. Malackowski
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James E. Malackowski
Chief Intellectual Property Officer | Intellectual Property Practice Lead
John Peiserich
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John Peiserich
Executive Vice President | Environmental, Health & Safety Practice Lead
Andrew Ross
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Andrew Ross
Executive Vice President | Building Consulting Practice Lead
Richard Sexton
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Richard Sexton
Executive Vice President | Surety Practice Lead
Aubrey Shea
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Aubrey Shea
Executive Vice President | Forensic Accounting – Insurance Services Practice Lead
Katie Twomey
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Katie Twomey
Executive Managing Director | Builder’s Risk (CAR/EAR) Practice Lead
David Weiner
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David Weiner
Executive Vice President | Economic Damages & Valuations Practice Lead

Frequently Asked Questions

What is an AI infrastructure dispute?

An AI infrastructure dispute is a claim or contested matter involving the facilities, equipment, power, cooling, construction, digital systems, or financial impacts associated with AI computing operations. These matters may arise from physical damage, equipment failure, contamination, temperature excursions, power disruption, construction delay, operational interruption, or disagreements over restoration and replacement, among other incidents. The defining characteristic is not simply the presence of AI hardware. It is the interaction among the systems required to construct, power, cool, connect, and operate the computing environment.

What can cause an AI infrastructure dispute?

AI infrastructure disputes can arise from fire, water, contamination, humidity, power outages, power surges, temperature excursions, battery energy storage system events, natural hazards, transit damage, construction error, equipment failure, or project delay. A dispute may concern causation, liability, the extent of physical damage, repairability, replacement value, associated delays and disruptions, and the quantification of financial impacts. The relevant issues depend on the event, contracts, insurance coverage, and available evidence.

How are AI infrastructure disputes different from traditional data center or construction disputes?

AI-focused facilities combine highly configurable computing equipment, greater rack power density, specialized cooling, significant electrical demand, and supporting infrastructure that must operate as an integrated system. A cooling or power event can therefore affect equipment condition and operations at the same time, while a construction or procurement problem may delay commissioning or the planned start of service and result in financial losses and knock-on effects. These dependencies require technical and financial questions to be evaluated together rather than through unrelated analyses.

J.S. Held experts understand how these systems are designed, constructed, operated, maintained, and interconnected, enabling us to identify the factors that contribute to delays, failures, performance issues, disruptions, and outages, and to quantify the associated financial impacts for insurance claims and legal disputes.

Why is an integrated technical and financial analysis important in AI infrastructure claims and disputes?

AI infrastructure insurance claims and legal disputes involve an interconnected combination of environmental conditions, construction activities, specialized equipment, energy systems, digital operations, intellectual property considerations, and financial impacts spanning multiple layers – from the physical infrastructure through the operational environment to the technology stack.

A disruption in one area can affect project delivery, facility performance, business continuity, and financial exposure across the broader infrastructure environment. J.S. Held examines the relevant physical, environmental, technical, project, digital, operational, and financial evidence to establish the facts and connect related impacts.

Through one integrated team that analyzes the event from distinct technical and financial perspectives, J.S. Held helps counsel, insurance professionals, owners, operators, developers, contractors, utilities, investors, and other stakeholders assess causation, test claimed impacts, quantify financial exposure, and present independent findings that can withstand scrutiny in claims and dispute-resolution proceedings.

This multidisciplinary analysis gives clients a clearer, evidence-based foundation for evaluating and resolving high-stakes insurance claims, litigation, arbitration, and other disputes.

How can J.S. Held support an AI infrastructure claim, litigation, or arbitration?

J.S. Held combines deep technical and financial expertise to investigate the cause and origin of AI infrastructure failures, delays, and disruptions; evaluate impacts across interconnected infrastructure layers – from the physical infrastructure through the operational environment to the technology stack; and quantify business interruption, delays, extra expense, lost profits, economic damages, contractual liabilities, and other financial consequences. The firm delivers independent analysis, expert reports, and testimony in litigation, arbitration, mediation, and other dispute-resolution proceedings.

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