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Electronic Discovery in Construction Disputes

By Gregory R. 'Greg' Meeder and Livya Heithaus

From bidding to design to construction management, the use of computer-driven technology and tools for the construction of office, industrial and retail space has exploded in the construction industry. Historically, construction disputes have always been document-intensive because they involve multiple parties, facts developing over one or more construction and design seasons, and thousands of documents spread among property managers, landlords, tenants, developers, architects, engineers, general contractors, subcontractors and suppliers.

Construction firms are now turning to tablet devices and related applications to develop and manage construction projects. See Erin Joyce, Make Way for App Builders, Engineering News-Record, Dec. 5, 2011, at 30. Rapid communication among remote industry segments now takes place over PDA devices and web conferences rather than in person. See Luke Abaffy, Millennials Bring New Attitudes, Engineering News-Record, Feb. 28, 2011, at 22. Advanced design modeling systems, such as building information modeling, is now widely used to identify construction challenges before the office, industrial or retail project hits the ground. See The Case for Investing in 3-D Modeling, Illuminations, Fall 2011.

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