Conflicts in business can lead to serious complications, especially since the longer a disagreement goes on, the more money is lost. Construction litigation often involves home buyers, contractors, builders, developers, and construction insurers and lenders who have issues during construction. If you find yourself at odds with another person during a project, it may help to learn about the steps you might take if you decide to resolve the process through litigation.
Case Investigation
Before you can pursue a lawsuit, or before someone pursues a lawsuit against you, case investigation is used to collect evidence. Without sufficient proof of misconduct or a contract breach, you don’t have a case. Your construction litigation attorney might find witnesses, take testimonies, collect documents, and analyze the events leading up to the dispute.
Pleadings
In order to file a suit, your attorney will draft a summons and complaint, which will be served to the defendant. If you’re served with some of these documents, your attorney will investigate the allegations and draft and file a response to the lawsuit.
Discovery
During this process, both parties will share relevant information about the case, such as contracts, paperwork, blueprints, and so on. Your lawyer will use this information to identify any potential issues and build a strong strategy for your case. All the information will be gathered using requests for production, requests for admission, depositions, and interrogatories. You may also need your attorney to ask a judge for a motion to compel, a protective order, or a summary judgment motion.
Trial
Attorneys from both sides will use the information gathered during discovery for the trial. Both lawyers will make opening statements that outline the strengths of their cases and the weaknesses of the opposition’s case. Throughout the trial, your attorney will be poking holes in the argument of the opposition in order to build up your case. However, be aware the opposition’s lawyer will be attempting to do the same. The trial may involve calling witnesses, examining and cross-examining the witnesses, and presenting testimony and evidence. At the end of the trial, both lawyers will make their closing arguments, which will emphasize the strength of their own clients’ cases.
Settlement/Verdict
Anytime during the litigation process, you can settle. This means agreeing upon an amount or an action to make up for the original offense, whatever that may have been. In a settlement, the parties will conduct a negotiation, mediation, or other alternative dispute resolution (ADR) methods, during which settlement materials (brochures, agreements, and releases) are created. If your case went to court, the verdict would determine how the judge ruled on your case.
Appeal
If the court didn’t rule in your favor, your attorney could appeal the court’s verdict. Your lawyer will likely draft post-trial motions, identify issues for appeal, create strategies, find further evidence for the record, draft documents, and present oral arguments before the appellate courts.
