Prepare for Litigation or Litigation Will Prepare for You

Written by Shelley Armato

Construction is the only industry in the world that status quo is accepted, undelivered projects, the ability to walk away from a project.  The Great Hall Expansion Denver Airport project is a perfect example, if you ask anyone on the project the answer always changes as to why the renovation has been pushed back years. 

Documents hold the key to protection, email tracking, gate keepers, the best mouse trap in the world has the best mouse.  Like construction, we must provide the ability to receive audited information. 

The well-known saying “Knowledge is Power,” is poignantly true.  Why is it we have settled for less, why is it acceptable to halt a project and walk away?  Who is paying for the project that is overrun?  Who cares?  Imagine if it was your savings account and someone was taking from it?  What would be the reaction?

According to research article, (Zack, 2012) the average value of each construction dispute in the US in 2011 was $10.5 million and the dispute length of time was around 14.4 months. For an owner or general contractor, pre-discovery alone could bankrupt a company!

Litigation is standard in construction promises not fulfilled in the contract, defect of materials, poor workmanship, poor design, or construction delay. 

Preparing for possible litigation supports forensics for all stakeholders. Allowing easy access into large databases and other software systems with one interface creates a repository of files. Having a perfectly organized library is the key to being prepared for litigation.

Audit ready delivered knowledge and the power of transparency is the only solution to build with intention!

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