As a contractor, one of the most difficult setbacks you can face is litigation. Having a lawsuit filed against you is frustrating and time-consuming, no matter the reason for the lawsuit. That is why you need an experienced, knowledgeable, and efficient Phoenix construction litigation attorney if you find yourself facing litigation.
Schern Richardson Finter Decker defends contractors in construction litigation. We are here to provide the dedicated and relentless defense that you need when a customer or another contractors sues you. To get started, we have outlined the basic process that a contractor will go through in construction litigation. Read on for helpful information before you contact our firm for a case consultation.
The Construction Litigation Process
Before a lawsuit is even filed, there is usually some form of investigation into the problem. If enough evidence is found to make a case, then the plaintiff will file a lawsuit – usually, the customer or another contractor will file suit against a contractor for issues such as:
- Breach of contract
- Construction administration issues
- Construction defects
- Cost / payment disputes
- Design disputes
- Time disputes
These are just a handful of the many reasons why someone might file a construction lawsuit.
2. Filing Suit
Once an investigation has been made and evidence has been gathered, the lawsuit can be filed against the contractor. The plaintiff’s attorney will generally draft a summons and complaint, which will be served to the contractor who is being sued. The defendant’s attorney will then draft and file a response to the lawsuit.
Once the lawsuit has commenced, the discovery process begins. During discovery, both parties share relevant information about the case, such as contracts, paperwork, design concepts, etc. The process may also involve interrogatories, depositions, investigations, interviews, and more. The goal is to gather as much information as possible that can be used to strengthen your case.
Once discovery is complete, the litigation process can truly begin. The attorneys will prepare for trial by studying the evidence and information gathered during the investigative and discovery processes and prepare their respective cases. During the trial, your attorney will present an opening statement that outlines the strengths of your case and the weaknesses of the plaintiff’s case. He or she will continue to expound on those strengths and weaknesses as the trial goes on, as well as uncovering new information to the benefit of your case. The goal is to prove that the lawsuit against you has insufficient grounds to succeed.
5. Settlement / Verdict
As a contractor who is facing a lawsuit against you, the best possible outcome is to avoid having to settle at all, but in many cases it is best to agree to a settlement and simply seek the lowest settlement possible. Your attorney will continue to argue your case until the best possible settlement is reached, or – if an amicable settlement is not possible – until a judge makes a final verdict.
Get in Touch with a Phoenix Construction Attorney
Has a lawsuit been filed against you, a contractor, by either a client or another contractor? Let Schern Richardson Finter Decker provide the relentless legal representation you need. We can help bring clarity to your legal challenge and give you peace of mind throughout each step of your construction litigation process.