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Preparing for a Construction Litigation Case


Construction litigation is an involved process that requires meticulous engagement with experienced trial attorneys who will bring your case to a favorable resolution.  There are a number of steps involved in the litigation process, however, given the unique industry of construction, the steps will differ and requires certain considerations that do not have the same implications in normal civil litigation cases.

Pre-Trial Investigation

Before the litigation commences, the attorney or attorneys who are in charge of the case will engage in a variety of activities to become extremely well-versed in the case.  They will use this information to formulate case strategy and devise winning arguments.  One of the first activities they will engage in is conducting witness interviews. The interviews will be primarily of the individuals who are on the side of the attorney’s client whether it be the owner, contractor or a third-party.  From the interviews, the attorneys can formulate all the fact patterns and make conclusions about how the dispute arose.  From the interviews, they can also decide on whose testimony is vital enough for the purposes of placing them on the stand.

Records Review

Along with the interviews, the attorney will engage in a critical process of understanding all the documents that consists of the record. Typically, in construction cases, there are a number of documents that are vital to the given project.  The master construction contract is the supreme document that governs the project.  In many litigation cases, the dispute stems from a breach of contract.  Given this reality, the attorney will parse through the contract and the applicable provisions to formulate an argument based on the allegations.  Other documents that are vital to the litigation are the construction plans, design plans, sub-contractor contracts, photos of the work in issue, deliverable timelines, and correspondences.


The culmination of the pre-trial interviews and records review are the drafting and filing of the pleadings.  The pleadings are the documents filed in court that result in the formal lawsuit.  One such pleading is the civil complaint. The civil complaint, if on the plaintiff’s side, will consist of a recitation of the facts, the applicable law, and the allegations which are in violation of applicable law. The compliant and other pleading documents become part of the official case record including all other documents the attorney decides to include such as the contract, designs, and plans.

Contact an Attorney Today for Help

Brendan Sweeney is an experienced Fort Lauderdale construction attorney that will provide knowledgeable legal advice pertaining to your civil litigation needs. Sweeney Law is well-versed in in-court processes specific to construction disputes and will guide you with care and expertise.  Contact us now for a consultation.




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