Navigating Construction Litigation: eDiscovery for Data Management & Cost Efficiency

Litigation is a relatively common occurrence in the construction industry. Whether it’s related to disputes, delays, or mishaps, legal battles are an evergreen concern. And one significant challenge associated with construction litigation is the volume of data involved – specifically, electronically stored data (ESI).

Larger volumes of data mean more costs incurred to collect, host, and review the data. This may come in the form of project documentation stored in industry-specific platforms like Procore or communication between general contractors, subcontractors, investors, corporate clients, government agencies, and others that take place via email, SMS, Slack, and Teams. Carrying out a disciplined eDiscovery plan plays a crucial role in lowering costs and increasing speed.

eDiscovery in Construction Litigation

There are three primary concerns that increase cost and complexity when a legal dispute arises. Those challenges are:

• Volume: Construction projects can generate a significant amount of data. For example, CAD files are generally very large, and most eDiscovery software invoices based on monthly volume of data hosted.
  
  
• Variety: Based on the type of dispute, various forms of data may be in play – emails, texts, CAD files, photos and videos of the job site, etc.
  
  
• Review: Manually reviewing mountains of data is time-consuming. Software features such as image recognition, sentiment analysis, and concept clustering can help prioritize review, but transparent discussions between in-house counsel, outside counsel, and your eDiscovery partner are crucial to mitigate the number of documents that require eyes-on review.

Ease the Burden with Technology
eDiscovery software, such as RelativityOne, offers a comprehensive solution for managing those mountains of data. Processing everything into one location, applying analytics, and working intentionally through Early Case Assessment can significantly reduce overall spend on a legal proceeding. Compared to the “old school” method of sifting through physical files or the case team handling documents in programs like Adobe, eDiscovery technology solutions centralize and standardize for efficient and defensible document management (and increased accuracy).

Litigation in any industry involves tight timelines and high stakes, but construction cases often add the unique challenge of being highly public. Many projects undergo years of public scrutiny, negotiations with municipal agencies, zoning boards, and more – simply, there’s often more of a visceral, emotional public response to these challenges. Consequently, quickly accessing and reviewing relevant documents can be invaluable. Purpose-built eDiscovery software addresses these challenges by allowing case teams to apply advanced analytics, traditional keyword searches, and sophisticated review workflows to help litigators uncover patterns and trends within the data, strengthening their case strategy.

This is why RelativityOne is the solution we most frequently recommend to clients who are facing litigation of any type, including construction disputes.

Conclusion

Construction litigation presents unique challenges. Partnering with a deeply experienced team and leveraging powerful technology provides a practical solution to address them. 

Sean Burke is a practicing attorney at MBCB Law Firm where Construction Litigation is one of his specialty areas.