Construction Litigation Phases

When contracting parties have disagreements that cannot be addressed, they frequently resort to litigation. Contractors, subcontractors, suppliers, and other construction professionals are represented by construction litigation attorneys, also known as construction litigators or trial lawyers, in legal matters such as contract breaches, construction defects and delays, construction liens, bond claims, contract disputes, job abandonment disputes, and workmanship claims.

At the first hint of a conflict, we highly advise contractors and other construction professionals to obtain legal advice from a construction lawyer. Many disagreements may be handled through alternative dispute resolution or settlement rather than costly litigation with the help of a skilled and knowledgeable attorney.

A quick summary of the many phases of the construction lawsuit process, as well as the function your construction litigation attorney performs during this process, is provided below.

Investigations Into Cases

Case investigations are used to see if there is enough evidence in a case to file a lawsuit or defend against a possible lawsuit. Your construction lawyer may identify witnesses, collect witness testimony, acquire documents, and evaluate the circumstances leading up to the disagreement during the inquiry.

Pleadings

Depending on the nature of the case, construction litigation attorneys may write a number of pleadings on behalf of their clients. An attorney may create a summons and complaint in the plaintiff's case, the party that is filing the action. The accused party's counsel may research the claims and create replies in the defendant's case.

Discovery

Discovery is the stage of the litigation process where the parties share pertinent information. This material can be used by your construction lawyer to identify possible concerns and develop a solid legal strategy. Various types of discovery, such as requests for production, admissions, interrogatories, and depositions, as well as motions to compel, protective orders, and summary judgment motions, may be utilized to get this information.

Pre-Trial

The majority of issues can be settled outside of the courts, and they do so often. There are, however, always occasions where the parties are unable to resolve their disagreements before going to trial. Your construction lawyer will close out the discovery phase and begin preparing for trial during the pre-trial phase of the litigation process by providing consultation, retaining expert witnesses, attending pre-trial conferences, and developing a trial strategy based on the facts and evidence gathered during the preceding phases of the process.

Trial

Your construction litigation lawyer should identify the case's strengths and weaknesses, prepare witnesses for testimony, develop persuasive arguments through the presentation of testimony and evidence, deliver opening and closing statements, draft and argue trial motions, and examine and cross-examine witnesses during the trial.

Settlement

A lawsuit settlement might be made at any time during the course of the legal proceedings. Parties will engage in discussions, alternative dispute resolution procedures, and settlement conferences as part of the settlement process, during which settlement papers such as settlement brochures, agreements, and releases will be generated.

Appeal

If a positive resolution is not attained at trial, your construction attorney may propose an appeal, depending on the facts of the case. Your lawyer may create post-trial motions, identify problems for appeal, devise appellate strategies, acquire more evidence for the appellate record, draft appellate papers, and deliver oral arguments before appellate courts during an appeal.