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5 Mistakes Construction Firms Make When Facing Litigation

Whether it’s a legitimate lawsuit or a frivolous one, any company engaged in a legal dispute should consider the fact that litigation is time-consuming and complicated. Although some legal disputes may be out of your control, if you find yourself involved in one, be mindful of the potential pitfalls. At Cotney Construction Law, our Knoxville construction attorneys represent construction firms and professionals in a variety of litigation matters, including contract disputes, payment disputes, and defective work or product claims. If your business needs legal representation, consult an experienced Knoxville construction attorney today.

Here are five potential pitfalls a construction firm can make when facing litigation. 

1) You’re Too Involved

If you are required to participate in a lawsuit, your level of involvement will be crucial in determining how the case will be resolved. One of the most common mistakes a defendant can make is to become too involved in certain aspects of the litigation process. Although it’s important to perform some research on the topic involved in your dispute and to read over the laws associated with the origin of the lawsuit, you should also keep in mind that internet research or a general knowledge of the law doesn’t elevate you to the status of a lawyer. Leave the case law to the construction lawyer. Moreover, never communicate with the plaintiff directly as this can negatively impact your case. 

2) You’re Not Involved Enough

Conversely, some defendants will remove themselves entirely from the litigation process. There are many reasons why this happens. Some employers may feel that their time is too important to spend on a dispute. Others feel that the litigation process is strictly for their attorney to handle. Regardless, there needs to be a balancing act of providing a construction attorney with the information and resources they need to be successful while not commandeering the legal aspects of the case.  

3) You Have a Poor Recordkeeping System

Whether you’re dealing with a workers’ compensation case, a payment dispute, any type of intellectual property lawsuit, or another legal issue, if you’re facing any form of legal action, a construction attorney will want to review all relevant documents. This can include employment manuals, contracts, documents relevant to the scope of work of a project, and more. If you have an ineffective recordkeeping system in place, this can significantly impact a case. Consult an attorney to learn more about what documents you need to keep and which ones can be routinely purged.  

4) You Weren’t Prepared

Along with failing to have a reliable recordkeeping system in place, many construction firms are unprepared throughout the litigation process. Many firms delay because they believe the issue will be resolved well before a trial commences. In other cases, a firm may believe they have ample time to prepare when in reality they don’t. Never procrastinate or cut any corners if your business is experiencing a legal dispute. 

In order to determine the best way to proceed, business owners will need to assess the dispute, reflect on their own business practices, and inform their construction attorney of these findings. In other words, the legal strategy utilized in a dispute needs to align with the best interests of the business. If you enter a legal dispute unprepared, the opposing legal counsel will take advantage of this.      

5) You’re Aren’t Being Mindful

If you own a business and you’re dealing with a legal matter, this can be a stressful issue even when you know that you’re in the right and the other side doesn’t have a legitimate claim. Don’t let your emotions impact your decision-making process. In addition to being stressful, litigation is also an extremely time-consuming process that can take years to resolve in some cases. If you do elect to proceed to a trial, you should be mindful of the fact that the resolution could take considerable time. 

Unfortunately, litigation can be unavoidable at times. Whether it’s a small dispute or your construction business’s livelihood is at stake, there are certain steps you’ll want to take to increase your chances of exiting a dispute successfully. Similarly, there are several pitfalls you’ll want to avoid as well. At Cotney Construction Law, a construction law attorney in Clarksville, TN, can help you develop a litigation strategy to procure the best possible outcome for a case. 

When you partner with a construction attorney, they have in-depth knowledge of both construction law and the practices within the construction industry. Our attorneys are highly experienced in representing clients in a variety of matters related to the industry. If your construction business is involved in a legal situation, consult a construction attorney in Clarksville, TN, for accurate legal advice.

If you would like to speak with a construction lawyer in Clarksville, TN, please contact us today.