Effective Defense Strategies in Construction Law

This 25-page Executive Report written for contractors, owners, and their attorneys covers the unique issues in construction litigation from the first emergence of a dispute to the different methods of resolution. Leading construction lawyers describe the most common disputes in the industry and cost-effective alternatives to litigation. This Executive Report provides valuable advice on the appropriate time to seek counsel and the preparatory steps that are necessary to prevent a dispute from occurring in the first place. Once a potential dispute is identified, attorneys and their clients are encouraged to defuse it and then advised on how to seek early resolution if it has reached a point where that is no longer possible. The practice of construction litigation becomes an art as creative ways to present a case in litigation are identified. Overall, attorneys and clients are taught to always take the high road and let the facts preside.

Other topics include:

• how to assemble and determine the relevant facts
• construction contracts
• types of construction disputes
• how to choose a dispute resolution process
• arbitration versus litigation
• what happens when damages are sought and how much to seek
• when to settle
• risk management
• the timing of a dispute
• the importance of determining where the case will be tried and who will be deciding it
• mediation
• how to identify the warning signs of a difficult or frivolous case
• financial exposure of a company
• and how to prove negligence

This Executive Report is written by:

• Susan Linden McGreevy, Chair, Construction Practice Group, Husch Eppenberger LLC - Determining a Strategy to Defend a Client
• Charles B. Lewis, Head, Construction Practice Group, Jenkens & Gilchrist LLP - Defense Strategies in Construction Litigation
• Michael K. Wilson, Chair, Construction Law & Litigation Group, Broad and Cassel - Overcoming Construction Litigation
• Robert A. King, Construction Industry Group Practice Leader, Reed Smith LLP - Dispute Resolution
• David M. Hayes, Member, Clark Hill PLC - Arbitration vs. Litigation
• William J. Peters, Head, Construction Practice Group, Gordon & Rees LLP - Overcoming Contract Disputes in Construction Litigation