Imagine, while knee-deep in a new project, receiving a call regarding an issue with a building you were in charge of a couple of years ago. While discovering defects in work completed long ago can be a hassle, dealing with a spoliation claim exacerbates the issue. Spoliation of evidence is a continuous concern in construction litigation cases. Consult with a Naples contractor lawyer for advice on how to preserve relevant evidence. This article will conclude our series. Visit part one to learn more.
Factors Courts Consider for Spoliation Penalties
Once you have a duty to preserve evidence and that evidence is destroyed, the courts will focus on your motive (intent) for destroying the evidence in question. They will assess whether the evidence was destroyed in good faith to address safety concerns on the jobsite, for example. The court will also determine whether you notified the owner or other key parties before proceeding with repairing the defect in question. Lastly, the degree to which the evidence matters to the case has an effect on the extent of the spoliation penalty, if any.
Protecting Yourself Against a Claim
The only way to prevent a construction defects claim is by being proactive. Managing your risks includes working with the right subcontractors, documenting everything daily, staying current with industry codes and standards, following product guidelines and warranties, and relying on a skilled Naples contractor attorney for a contract that protects you against defect risks. Furthermore, protecting yourself against a spoliation claim means preserving evidence as required and properly notifying key parties before making any sudden repairs.
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.