Top Tips for Preparing for Legal Proceedings

Most construction disputes arise from defects, variations and delay. To ensure that you have the best chance at recovering funds, we have included some tips below.

Tip number 1: Contemporaneous evidence

Have everything documented in writing at the time the event occurs!
When you’re working on a project, it is common to be given updated directions verbally on-site.

However, if there is no written correspondence of these conversations, it can be extremely difficult to prove your case.

If the project you’re working on uses Aconex or a similar project management system, make sure to respond to all written correspondence and to get on-site discussions confirmed in writing.

Tip number 2: Issue a variation notice

Create a basic variation template notice at the start of the job, and complete it and submit it for all variations!

• State who gave the direction
• State why it is a variation

Tip number 3: Take photos regularly!

Take regular photos of the site.
If there are issues regarding defects or whether a variation has been completed, make sure to take photos. As the saying goes, a picture says a 1000 words.

Tip number 4: communicate about delays

If you are delayed or the other party is delaying, put them on notice in writing.

Tip number 5: Seek advice about your position

If you have unresolved disputes on a project, seek legal advice about your position to avoid conduct that will negatively impact your position such as:

• Insolvency of parties
• Responsibility of defects
• Validity of variations