3 Construction Litigation Tips

These are 3 tips for avoiding construction litigation.

On a construction site, any number of unexpected issues can arise. It’s a fast-paced industry where clients have high-expectations and little tolerance for delays. Before signing any construction contracts and being the job, knowing these three tips can save contractors time, money, and stress.

1. Getting records admitted into evidence.

Disputes are often battles between parties over he-said she-said issues. In order to combat disputes such as these, keeping detailed and accurate records of all events that occurred on site while working a construction job is important. Daily job records that show complete details of who worked and when, what equipment was involved, what orders were given and to whom, and any other daily activity can take any guesswork out of deciding on a construction litigation case for a court.

To use the job records as evidence, the records must be meet the grounds for admissibility. To do so they must be created by a person with first-hand knowledge of the events that occurred. They must be created at or near the time the events occurred as part of the author’s regular course of business. And lastly, they must be kept in good faith. Having a construction foreman or supervisor fill out a daily report of events is critical to keeping records that will be court admissible.

2. Approach an experienced construction litigation attorney to create an strong construction agreement or contract.

There are a lot issues that can arise during a construction project that you can’t avoid per se, but you may be able to account for them by creating a solid contract with any parties involved. Contingency clauses can remove any need for arguments or disputes by determining what steps need to be taken if a problem with budget, project quality, equipment issues, delays, or other issues occur. Alternative dispute resolutions can also save parties time and money by requiring them to seek arbitration instead of litigation in the event that a problem cannot be solved with communication alone.

3. Professionalism and transparency are key.

Keep the communication channels open and professional. By responding notifying any customers of possible issues or delays and presenting how you’re taking care of the issues, you can avoid conflicts and disputes. Also being upfront about the need for scheduling flexibility, reasonable expectations, and possible anticipated delays, prior to signing any contracts may save developers a lot of headaches.

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