Construction Law

Resolving a Construction Dispute With Litigation featured image

Resolving a Construction Dispute With Litigation

At Cotney Attorneys & Consultants, we often recommend employing alternative dispute resolution (ADR) methods for resolving construction disputes. Methods like mediation and arbitration are practical alternatives to litigation for their time- and cost-saving benefits. However, there are times when litigation is the only remaining option for resolving disputes. In those instances, it’s still possible to find a resolution that benefits your party and sees your construction project back on track. 

In this brief article, we discuss how litigation can still be a beneficial option for contractors, subcontractors, material providers, or design professionals involved in a dispute. If you’ve exhausted all alternatives for resolving a dispute, prepare for litigation by partnering with a Nashville construction dispute lawyer from Cotney Attorneys & Consultants. 

The Litigation Process 

The average construction dispute costs nearly $19 million and lasts approximately 17 months. This isn’t helped by the lengthy litigation process. Before even filing a lawsuit or preparing a defense, your legal team will conduct a case investigation to determine if there is enough evidence to support your claims. Pleadings will be issued — a sort of back and forth where parties file allegations and pertinent documents with the court — and a civil complaint will be filed that initiates the lawsuit. 

Related: With So Many Projects Halted, Can Your Company Avoid Litigation?

Both sides then engage in the discovery process where they exchange requested information that will be used during the trial — another back and forth. Soon after, the pre-trial process begins, and your attorney will make any final preparations for the trial. It’s important to note that, during the pre-trial process, a judge could require disputing parties to go through an ADR process before continuing the litigation process. Finally, your case will be presented in a court of law and a judgment will be reached. 

Winning Your Case

What we’ve described above is the Cliff Notes version of the construction litigation process. It’s easy to see how the process is organized but far more difficult to appreciate how long and complicated this process can be. How litigation proceeds is determined on a case-by-case basis; the litigation process for your case will proceed entirely differently from another. For these reasons and more, it’s best to work with a Nashville construction dispute lawyer for dispute resolution. 

Related: Does Your Construction Firm Generate Over $500,000 in Revenue Per Year? Here's Why You Need a Nashville Construction Litigation Attorney

At Cotney Attorneys & Consultants, our team of attorneys can review the specifics of your case, determine the best course of action, and prepare for litigation, if necessary. Our team of attorneys can handle virtually any construction-related legal dispute, regardless of if it is caused by delays, defects, or missed payments. Our attorneys can put your company in the best possible position to win or defend against claims. For a legal ally familiar with ADR and litigation, consult a lawyer from Cotney Attorneys & Consultants. 

If you would like to speak with a Nashville construction dispute attorney, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.