Construction litigation happens when two parties who are involved in a contract have a dispute over some matter and cannot come to an agreement. This is when the dispute ends up in the courts, and goes through a defined process. There are attorneys who deal specifically with construction litigation, and they will start by investigating the case, gathering evidence, and witnesses to the dispute.
The next part of the process is in the courtroom with the pleadings, where the prosecution will present the pending lawsuit. Once the defense has time to do their own investigations, it goes to the discovery phase, where all relevant evidence and information is presented to the court.
Most construction disputes don’t go any further than the discovery phase and are settled outside of the courtroom. If that isn’t the case, the attorneys will start gathering expert witnesses, if needed, going to pre-trial conferences, and doing consultations. Even once the lawsuit goes to trial, the case may be settled at any time, and once a decision in the case is made, there may be grounds for an appeal on either side.
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