Matthew DeVries | Best Practices Construction Law
Yesterday, the Sixth Circuit issued its opinion in Feagin v. Mansfield Police Department et al (Sept. 11, 2025), which involved an excessive force claim by a criminal defendant. Following his conviction for firearm and drug trafficking charges, the defendant sued the officers alleging claims of “excessive force” and the denial of “adequate medical care” in violation Fourth and Eighth Amendments.
How is this relevant to my construction dispute, Matt? Stick with me. The appellate court’s opinion started like no other opinion I have read:
“Advancing technology reaches every corner of society. The law is no exception. Consider, on this front, the advent of portable recording devices, from those attached to the body (body cams) to those placed on a vehicle’s dashboard (dash cams)…. The court system has especially benefitted from these advancements. Whereas encounters with law enforcement historically had to be understood through witness recollections alone, video now captures key aspects of the engagement, if not the entire event itself. According to one recent study, video evidence has resulted in cases being decided more quickly, with fewer disputed facts….
…. Namely, it is for the jury, not us, to settle any underlying material factual disputes. But when presented with video footage that accurately depicts most of the relevant events, we may utilize that footage to ensure [that] the district court properly constructed the
factual record…. ” (Citations and quotations omitted)..
Again, what does all of this have to do with construction projects? Quite a lot. The same principles that make video evidence persuasive in a courtroom apply equally on the jobsite.
Construction is fast-moving and ever-changing. Site conditions evolve by the hour, and disputes often arise long after the work is complete. Photos and videos provide a reliable, time-stamped record of what actually happened. They show progress as it unfolds, confirm the work in place when a pay application is submitted, and memorialize the details of change order work that might otherwise be forgotten or contested.
Additionally, when defects surface, visuals can capture conditions at the moment of installation, helping determine whether the cause lies in workmanship, design, or materials. And when conflicts escalate into claims or litigation, photo and video evidence often carry more weight than competing recollections or even written documentation.
This is not to diminish the value of daily reports, contracts, and witness testimony. Each has its place. But when credibility is tested, judges and arbitrators are far more likely to trust what they can see with their own eyes. In that sense, photos and videos on the construction project have become the gold standard of proof.
For contractors, the lesson is clear: treat your camera as seriously as your hard hat. Visual evidence may turn out to be the most valuable tool in your entire toolbox.
When one of your cases is in need of a construction expert, estimates, insurance appraisal or umpire services in defect or insurance disputes – please call Advise & Consult, Inc. at 888.684.8305, or email experts@adviseandconsult.net.