The Six Stages of Construction Litigation: A Guide for Contractors

Construction litigation is a multifaceted legal process that often involves multiple parties, substantial documentation, and significant financial stakes. For contractors, understanding the six stages of construction litigation can provide valuable insights into how to effectively navigate disputes and protect their interests.

The first stage is the pre-litigation phase, where parties attempt to resolve disputes through negotiation, mediation, or arbitration. This stage allows contractors to settle conflicts without the expense and time commitment of formal litigation. However, if a resolution cannot be reached, the case proceeds to the filing of a complaint, initiating the formal litigation process.

During the discovery phase, both parties gather evidence through depositions, interrogatories, and document requests. This phase is critical for contractors as it provides an opportunity to uncover relevant information that supports their claims or defenses. Proper documentation of contracts, change orders, and project communications can significantly impact the outcome.

Next is the motion practice stage, where parties may file motions to dismiss, motions for summary judgment, or other procedural motions. Contractors may seek to resolve certain claims early through dispositive motions, potentially avoiding a full trial.

The trial phase involves presenting evidence, examining witnesses, and making legal arguments before a judge or jury. For contractors, expert testimony on industry standards, construction defects, or cost assessments can be crucial in establishing liability or defending against claims. The final stages include post-trial motions and potential appeals, which may extend the litigation timeline and impact final outcomes.