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What Does a Construction Litigator Do?

If you are in the construction industry, you have probably heard of a construction litigator. You may know some information, as they are known to help with construction law issues. However, what exactly does a construction litigator do?

What is a Construction Litigator?

Construction litigators represent construction professionals such as contractors, subcontractors and suppliers during legal matters. These can include breach of contract, defects in the project, delays in the project, construction liens and contract disputes among other claims that arise during a construction project.

What Does a Construction Litigator Do During the Litigation Process?

A construction litigator is there to assist you through the litigation process. Here is a how a construction litigator plays a role in each phase of this process.

Investigating the Case

When it comes to investigating, a construction litigator will find out if there is evidence required to either file a lawsuit or defend a lawsuit. It is their job to locate any witnesses for testimony along with gathering all necessary documents. After collecting testimonies and documents, the construction litigator will analyze this information along with the events of the case.


It depends on the case, but construction litigators will be responsible for drafting a variety of different pleadings along with summons and complaints to launch the lawsuit. Construction litigators have the experience and knowledge necessary to get these items completed. If you are a defendant in the case, a construction litigator will investigate all of the claims made against you and draft an appropriate response to these claims.


The discovery phase of the litigation process is when relevant information is exchanged between both of the parties involved. A construction litigator will identify the issues and build a strong strategy for your case. This is where all of the hard work of investigating the case and drafting the pleadings comes together. Also, this is when different forms might be requested which take time to complete. With a construction litigator, you don’t have to worry about these forms as it is their responsibility to fill them out. These forms include requests for production, request for admission, interrogations, depositions and protective orders.


Most cases will be resolved without having to go to court, but there are times when both parties are unable to agree. This is when the pretrial phase of the litigation process starts. A construction litigator will finish with the discovery phase and get the ball rolling with consultations, providing expert witnesses, attending pretrial conferences and setting up a strategy to prepare the case for trial.


During a trial, a construction litigator will identify any weaknesses along with any strengths in the case. It is also their job to prepare any witnesses for testimony, prepare persuasive arguments to present to the court, provide evidence that will help the case, examine witnesses, and conduct opening statements as well as closing statements.


Did you know that a settlement can be reached at any time during the litigation process? During the settlement phase, a construction litigator attends all settlement conferences to negotiate and dispute any resolution methods. They will always fight to get the settlement you deserve.


If you don’t receive a favorable outcome, an appeal is possible. During this phase, a construction litigator will be responsible for drafting any post-trial motions, identifying any issues in the case that will help the appeal and presenting arguments to the courts.

Other Ways a Construction Litigator is Beneficial

On top of assisting during the litigation process, a construction litigator can help with many processes and paperwork, even before a claim is made. A construction litigator will help with:

–       Scheduling and budgeting any construction projects along with ensuring guidelines are met

–       Protect payments

–       Insurance/bonding agreements

–       Preparing documents for loans

–       Negotiating loans

–       Drafting construction contracts

–       Negotiating construction contracts

–       Bid requests


MC Attorneys

The construction litigators at MC Attorneys are experienced and well-versed in construction law. Construction law can be complex, but the team at MC Attorneys is knowledgeable and qualified to help you with any case. They represent a number of construction clients and have experience across the board. You need a trusted team on your side to explain your options and provide top notch legal representation.



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