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Discovery in Construction Suits

Conducting discovery in any lawsuit can be an ordeal, but construction lawsuits always present their own, unique challenges, which often require extra attention and extra work. Why is this discovery so problematic? And how can the parties marshal their documents more smoothly and effectively?

For one thing, when one aspect of a building project goes awry, it often means that a variety of other things have gone awry as well. Multiple defects can reflect an attitude taken by the builders on the job site, or else may reflect the quality of subcontractors selected for the job. Generally, if a key supervisor, such as the general contractor, has taken a lax attitude toward standards, others might be taking a break, as well.

Because there are so many problems to stay on top of in construction defect suits, the discovery needed to document these problems can be immense. Not only must a party document the poor construction techniques used–as well as the damage caused–the party must also track down documentation as to what a proper installation technique looks like.

To add to all this, construction lawsuit evidence also frequently requires introduction by a competent expert witness. This could be an architect, a structural engineer, or even another general contractor. Expert witnesses help bridge the gap between a layperson’s understanding of the work that goes into a construction project and that of someone with years of experience in the field.

The best way to be prepared for this ordeal is to get as organized as possible, as early as possible. Having quick and efficient access to your own documentation can be decisive in out-maneuvering the opposition as you move through the litigation process.

Ultimately, construction lawsuits are often expensive, time consuming, and, if it involves a large contract or your home, can also be emotionally overwhelming. If you believe you may be facing the prospect of a lawsuit related to a home build, commercial build, or even a large-scale renovation, give the construction attorneys at Asheville Legal a call to discuss your options.

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