"Best Practices After Receiving Notice of a Construction Claim"

In an article published by Construction Executive on June 7, 2022, Lauren Meadows offered best practices for contractors responding to a notice of a construction claim in order to better position themselves for success in the suit.

“Being served with a lawsuit is typically not a welcomed experience. However, a construction professional that has been proactive in an early investigation of the claim will be better equipped to defend the case,” Meadows said.

As a first step, it’s important to notify all essential parties upon receipt of a claim or notice of an incident. This includes any insurers to help provide additional coverage if needed and better ensure a claim won’t be denied for failure to provide prompt notice. Attorneys should also be contacted to help identify any indemnity clauses between general contractor and subcontractors.

Second, identifying and preserving any pertinent project documents is an important best practice to build a winning case, and once litigation is “contemplated or pending” preserving the evidence is legally required to avoid sanctions related to the destruction of or failure to preserve evidence.

Third, consider experts that might be helpful to analyze the matter early on. “Early use of an expert can be beneficial to a construction professional’s defense by providing an initial opinion as to whether the construction professional reasonably complied with industry standards,” Meadows said.

For the full article, please click here.