{"id":1068,"date":"2012-12-14T11:46:44","date_gmt":"2012-12-14T18:46:44","guid":{"rendered":"https:\/\/www.myconstructionexpert.com\/blog\/?p=1068"},"modified":"2012-11-29T11:47:07","modified_gmt":"2012-11-29T18:47:07","slug":"paperwork-and-more-paperwork-discovery-in-the-construction-lawsuit","status":"publish","type":"post","link":"https:\/\/www.myconstructionexpert.com\/blog\/paperwork-and-more-paperwork-discovery-in-the-construction-lawsuit\/","title":{"rendered":"Paperwork, and more Paperwork\u2013Discovery in the Construction Lawsuit"},"content":{"rendered":"

Melissa Dewey Brumback – November 19, 2012<\/p>\n

As I\u00a0mentioned at the start of this series<\/a>, one of the reasons that I like watching Law & Order is that things happen fast, and there is always a smoking gun paper\u00a0 to be found by the lawyers over a night of eating cold Chinese food.\u00a0 Yes, well- about that.\u00a0 In the construction world -not so much.<\/p>\n

Depending on the size of the project, there may be massive amounts of paperwork involved.\u00a0\u00a0Think about every email, of every employee who touched the project, from initial proposal through final punch list<\/strong>.\u00a0 Add in the change order logs, pay applications (with backup), submittals, shop drawings, project correspondence, drawings, specifications, diaries, meeting minutes, daily reports, site inspections, etc\u2014and you can begin to visualize the problems that the magnitude of documentation creates.\u00a0 Naturally, in the age of electronic data, digital cameras, and cloud computers, the issue of quantity is even more magnified.<\/p>\n

Now, let\u2019s discuss the\u00a0discovery<\/em>\u00a0process in a construction lawsuit\u2014that is, what the other side can ask for, what you must give, and how the process works.\u00a0 Then I\u2019ll detail a few recommended practices to put your firm in the best position possible if and when it has to deal with the information overload of a construction lawsuit.<\/p>\n

What is \u201cdiscovery\u201d in the legal world?<\/strong><\/p>\n

Discovery<\/em>\u00a0is the all-encompassing term for means and methods to get information necessary to prosecute or defend a lawsuit.\u00a0 The main written discovery consists of\u00a0interrogatories\u00a0<\/em><\/strong>and\u00a0requests for production of documents<\/em><\/strong>.\u00a0 Interrogatories are written questions that you (with the help of your lawyer) must answer about the project.\u00a0 Requests for production, on the other hand, are requests made for documents that may, or may not, be relevant or admissible.\u00a0 Inevitably, in one form or another, your entire project files need will likely need\u00a0to be produced to the other side.<\/p>\n

Be aware: things that you may not consider part of your firm\u2019s project files may still be demanded.\u00a0<\/strong><\/p>\n