Contracts and Claims
Timely articles covering the most pressing issues facing construction firms in the Midwest


Litigation – Some Practical Tips for Winning
Mike Saunders

Despite your best intentions, at some point or another you may find yourself involved in a lawsuit. Whether you are in court to enforce a contract, collect a debt, or defend yourself from a construction defect or employee discrimination claim, there are several strategies you can utilize to ensure the best possible outcome for your team.

Documents Are Key.

Whether you are a plaintiff or a defendant, documents will be a key element in proving your case. Obvious documents include complete contract files, accounting records, and all correspondence or written records that mention the issue in dispute. Especially important are computer records, including e-mail messages. Special care should be taken to collect and preserve computer records, messages, and written documents that mention or relate to your dispute.

Stick To The Facts.

Surveys have shown that most persons distrust corporate executives. According to these surveys, most jurors assume that business people will lie and cheat to achieve their goals. Your credibility is your greatest asset in litigation as well as in business. So, don’t guess, exaggerate, or try to hide harmful facts.

Listen.

Listening is the first step to understanding. So, listen carefully to what your attorney tells you. Listen carefully also to any questions you are asked in deposition or at trial before answering. It’s better to avoid mistakes than correct them.
Remain Calm. Lawsuits present problems that in most instances are solved without a trial. So, remain objective and calm, despite any provocations from your opponents.


Mike Saunders practices with the Construction Litigation Team at Spencer Fane Britt & Browne LLP, a law firm with offices in Kansas City, Overland Park, St. Louis, and Omaha. They can be reached at (816) 474-8100 or (913) 345-8100.

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