What to Expect When Preparing for A Construction Litigation Case

by James J Corbett New York Civil Litigation Lawyer

Construction litigation is a complex undertaking demanding meticulous engagement with qualified lawyers who’ll fight to bring your case to a favorable judgment. It often involves contractors, home buyers, builders, lenders, developers, and construction insurers facing conflicts leading to severe challenges. Often clients realize what they want when they get in touch with an attorney, but rarely do they understand how to achieve it. If you find yourself in conflicts with another individual or group, and you decide to resolve the case through litigation, here’s what to anticipate.

CASE INVESTIGATION

Collecting evidence is the way forward since you’ll not have a case without sufficient proof of misconduct. Your construction dispute attorney in NYC works to analyze all events leading to the difference.

PLEADING

Based on the nature of the case, the lawyer drafts a variety of pleadings. For instance, if it’s the defendant’s case, the attorney would formulate responses, and for the plaintiff’s case, they would draft summons to initiate the lawsuit.

DISCOVERY

Both parties exchange relevant information concerning the case, and your lawyer builds a strong case strategy upon these details. Different methods such as requests for production, admission, and interrogation are used to obtain these facts.

PRE-TRIAL

At this point, your attorney starts preparing for the trial based on the facts and evidence gathered in the earlier phases. It helps your attorney to acquaint themselves with the case and device winning arguments. Besides, they can also decide whose testimony is necessary to reach favorable conclusions.

TRIAL

Your construction dispute attorney identifies the strengths and weaknesses of the case during the trial. They further make opening statements, prepare the witnesses for testimony, produce persuasive arguments, draft and argue trial motions, and finally examine all witnesses. Your attorney tries to poke holes in the opposition’s arguments to build your case up. But remember, the opposition’s lawyer will also venture similar tactics. In the end, attorneys will put forward the closing statements affirming their particular case strengths.

VERDICT

You can reach the verdict or settlement at any point of the process. It means settling for an amount or action to make up for the actual offense. During this phase, parties negotiate, mediate, and use Alternative Dispute Resolution methods. If your case gets to court, the judge’s ruling will determine the verdict.

APPEAL

In situations where your case doesn’t reach the desired outcome, or the court doesn’t rule in your favor, your attorney will recommend an appeal. Here, they draft post-trial motions, figure out concerns, formulate better appellate strategies, collect additional proofs, prepare appellate documents, and present oral arguments.

IN CONCLUSION

Construction disputes are inevitable, but how you wish to settle the differences decides the quarrel’s fate. Some of the available avenues include direct negotiation, mediation before an unbiased intermediary, arbitration, and litigation in court. Contesting in state or federal court before a judge or jury is a tried and true method of moving controversies to resolutions.

If litigation is the last option, you know what to expect. Besides, understand that courtroom anxiety is for real, and there’s no magic pill to relieve your stress or case complexities. Having a knowledgeable and qualified attorney can substantially help you with the litigation process and keep your expectations realistic. Look for the best construction litigation attorney near me, and you’ll get a list of the ones practicing in proximity. Choose your litigation attorney wisely; you’ll be glad when they help you reach a deserved outcome.