Publications
February 14, 2018 Article

New Ideas On How to Cope With Lawsuit Discovery

Engineering News-Record

For better or worse, dispute resolution is a necessary part of construction. In theory, the two sides should be able to quickly and efficiently present their claims to a neutral third party (a judge or arbitrator) who then decides a fair and equitable outcome based on the facts, the parties’ contract and the applicable law. In reality, however, document discovery in the age of email and electronic documents has caused the cost of dispute resolution to skyrocket to the point where some believe that it is not cost effective to contest any but the largest issues.

The thinking continues to evolve about how best to limit the cost. During 20 years as a construction lawyer, I’ve seen many clients faced with the untenable decision of choosing between capitulating to an unfair demand or going through litigation and arbitration and absorbing legal fees that can approach or even exceed the amount in dispute. After years of guiding clients through these situations, I have learned several lessons about how to drastically reduce costs.

Resources

Firm Highlights

Publication

Important Updates to American Arbitration Association Construction Industry Rules and Mediation Procedures

The American Arbitration Association (AAA) updated its Construction Industry Rules and Mediation procedures (AAA Rules), effective March 1, 2024, marking the first update since 2015. The updates are important because the AAA Rules are...

Publication

Massachusetts High Court Issues Important Ruling Impacting Prompt Pay Act

Earlier today, the Massachusetts Supreme Judicial Court issued an order in the matter of Business Interiors Floor Covering Business Trust v. Graycor Construction Co. Inc. This decision presents the high court’s first ruling clarifying...

Publication

Understanding the Impact of the FTC’s New Noncompete Ban on Your Construction Business

A few weeks ago, the Federal Trade Commission (“FTC”) attracted considerable media coverage when it issued its final rule banning noncompete agreements for workers in most circumstances and making existing noncompetes for the vast...

Publication

Failure to Follow Your Contract's Notice Requirements Can be Costly

In Kinetic Systems, Inc. v. IPS-Integrated Projects Services, LLC et. al., No.: 20-cv-1125 (D.N.H. February 6, 2024), the U.S. District Court for the District of New Hampshire granted summary judgment for a general contractor...

News

10 Preti Attorneys, 6 Practice Groups Honored in National Rankings

Ten Preti Flaherty attorneys and six practice groups have been selected by Chambers USA for inclusion in their premiere annual list of America’s leading lawyers. Preti is recognized for excellence in the practice areas...