So a Lawsuit Is on the Horizon…

Clouds over blue sky

What to expect and a few tips for reducing costs and protecting the case.

August 10, 2021
Sean Donoghue - Construction Executive

As certain as death and taxes, documents will need to be exchanged in the event of a lawsuit. Here is what to expect and a few tips for reducing costs and protecting the case.

What Needs to Be Produced?

Discovery is broad, but proportional to the needs (i.e., usually the dollar value) of the case. Cost reports, bid back up and scheduling information are often at the heart of damages issues in construction disputes. Thus, while it will depend on the nature of the dispute, these items will generally need to be produced.

It is no secret that electronically stored information (ESI) can be a big part of discovery in litigation, particularly in a document intensive industry like construction. In addition to electronically stored project files, expect that the inboxes of employees who are close to the dispute will need to be searched. How many will depend on the size of the dispute and the number of players involved. Hard-drives and text messages of those employees may also be discoverable.

Reprinted courtesy of Sean Donoghue, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.

Mr. Donoghue may be contacted at sdonoghue@eckertseamans.com



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