There’s no escaping the fact that we live in a highly litigious society, and construction litigation is all too common: There’s a 1 in 4 chance that a contractor will have a potentially devastating lawsuit filed against him. Becoming involved in a lawsuit is at best an expensive proposition and at worst a gut-wrenching experience. Even if you are able to adequately recover your litigation costs, the process of dealing with construction disputes is both long and emotionally draining and is sure to challenge your patience and test your will.

For contractors, accepting the threat of litigation in your future is the first step; understanding how to best resolve any dispute that arises is the more difficult next step. Always know that somewhere—likely buried in the positions put forth by the opposing parties—lies a resolution, where each party compromises its demand just enough to...

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