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Tips for successful construction litigation

On Behalf of | Feb 14, 2021 | Construction Law, Construction Litigation |

If you own a successful construction company, it is likely that litigation is only a matter of time. However, litigation is an expensive undertaking, so if you must litigate you want to make sure that you are going into the courtroom with the greatest chances of success.

It is an absolute must to approach litigation as objectively as possible. Litigation can indeed become emotional but allowing the emotions to take control results in a loss. To have the greatest chances of success, make sure to seek all non-litigious options first, listen to advisors and keep flexible.

Seek peace

Ensure that you are litigating for objectively good reasons and not for vindictive ones. Being a vexatious litigant is never a good look, and it is almost always a bad idea. This is how you end up with high legal fees and nothing to show for it.

You should always try to offer mediation or arbitration prior to seeking full litigation. You can often save a lot of money and heartache this way.

Listen and flex

Make sure to take in the opinions of your lawyer team and outside neutral experts as you are preparing to litigate. It is possible that somebody on the outside will be able to see a flaw in your case or an alternative means of argument that you have overlooked.

Remember that even if you are preparing to litigate, most cases do settle prior to trial. Stay flexible and remember that the best path is not always to drive the hardest bargain possible. It is likely that you will compromise with the other party at some point, so prepare for this.