Litigation

Litigation

Most everyone would agree it is in the best interest of all the parties involved in a public works contract dispute to settle their differences through negotiation and compromise, and to avoid litigation. However, if litigation is necessary, documentary evidence is very important. The key documents generated during a project are contracts, plans, specifications, revisions, bids, progress payment requests, detailed job costs reports, change order forms, schedules, daily reports, correspondence, and testing reports. Because of the complicated nature of construction, it is essential to present the claim in a manner that both the court and the jury can understand.

Construction litigation involves the same familiar stages as any other type of litigation: discovery, pretrial motions, trial, post-trial motions, and appeal.