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Construction Disputes Are Won — or Lost — Before the Complaint Is Filed

By aligning legal and project teams, preserving evidence and building a credible record before the first litigation pleading is filed, companies can enter litigation with a coherent, fact-driven narrative supported by evidence that will improve their ultimate negotiation leverage.

4 minute read May 01, 2026 at 12:07 AM
By
Nicholas Kauffman and Harrison Perlstein
Construction Disputes Are Won — or Lost — Before the Complaint Is Filed

Disputes on construction projects rarely begin when owners, developers, constructors and design professionals decide to file a summons and complaint or are served with them, thus begging the question of why litigation preparation often starts so late.

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