You may be at your wit’s end dealing with a dispute. You may feel you have no other option but to file a lawsuit, but filing a lawsuit requires careful thought, patience, and the help of a skilled Sarasota construction attorney. Your goal should be to reconcile your disputes as efficiently and cost effectively as possible. Following are two more questions you should take the time to ponder before filing a lawsuit. Read part one for the first two.
3. Have I Kept Accurate Records and Documents?
Changes are bound to happen in many construction projects which typically lead to more claims being filed. Documentation or a lack thereof can make or break a construction claim. Establishing a detailed paper trail is critical for supporting or opposing claims. The history of a project should be documented from start to finish and include some of the following:
- The contract
- Purchase orders
- Schedule data
- Bid documents
- Project diaries
- Change order/logs
If you feel that you have a case and the lawsuit is worth pursuing, understand that it is your job to prove your claim with complete and well-organized documents. Should you need to file a lawsuit or refute a claim, our Sarasota construction lawyers are available to discuss the specifics of your case.
4. What is the Likelihood I’ll Receive Payment?
So you have determined that you have a case. You are pretty sure you could win in court, but what if after all is said and done, you cannot collect payment? There are some instances where you may win the case but may take home little to nothing in payment for various reasons. The contractor or subcontractor you want to sue for shoddy or incomplete work may refuse to pay or may not have “deep pockets” to meet the judgment against them. Although our Sarasota construction attorneys have successfully represented construction professionals in litigation, we know that litigation may not always be necessary. It is within your best interest to consult with a Sarasota construction attorney to find alternative ways to address your construction dispute before resorting to a litigation.
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.