Justin Scott and Alan Schiess | Babcock Scott and Babcock In Utah construction disputes, the disputed work itself is often the best evidence. A cracked retaining wall, failed waterproofing, improperly compacted subgrade, or nonconforming concrete placement may all need to be repaired quickly. But once a claim is pending or reasonably foreseeable, those same conditions… Continue reading Spoliation in Construction: Specific Notice Required Before Destroying Evidence
Tag: Spoliation of Evidence
Don’t Spoil It! The Line Between the Need for Repairs and Spoliation of Evidence
J. Daniel Weidner and Kaci M. Claborn | Koley Jessen When construction disputes arise, your first instinct may be to repair any defects immediately. However, acting too quickly can lead to unintended legal consequences. This issue, known as spoliation of evidence, occurs when evidence critical to a lawsuit is altered, destroyed, or otherwise not preserved. For… Continue reading Don’t Spoil It! The Line Between the Need for Repairs and Spoliation of Evidence
Protecting Your Case: Understanding Spoliation Of Evidence In Construction Litigation
Hunter Ralston | Cowles Thompson When construction disputes arise, the evidence often tells the story. Whether it’s defective materials, improper installation, or design flaws, physical evidence and documentation can make or break a case. But what happens when that crucial evidence disappears, gets destroyed, or is altered? This is where the legal concept of “spoliation… Continue reading Protecting Your Case: Understanding Spoliation Of Evidence In Construction Litigation
Planting the Seeds of Accountability for Spoliation Sanctions
Rob Adler | Kilpatrick Townsend & Stockton When seeking sanctions for spoliated evidence, the nature of the evidence and your jurisdiction can play a pivotal role. Are you in state or federal court? Is the missing evidence electronically stored information or not? The same facts and circumstances could yield vastly different outcomes depending on the… Continue reading Planting the Seeds of Accountability for Spoliation Sanctions
A Reminder To Take Evidence-Preservation Obligations Seriously
Crinesha Berry | Crowell Recent legal developments underscore the importance of adhering to evidence- preservation obligations. A party can face severe sanctions for failing to preserve critical documents, including email accounts of former employees. Sanctions can vary from reasonable attorney fees and expenses in connection with a motion for sanctions to having certain facts established,… Continue reading A Reminder To Take Evidence-Preservation Obligations Seriously