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CLE - Trying a Construction Case: Pretrial Considerations and E-Discovery Issues

Tuesday, June 26, 2012 2:00 PM to 4:30 PM
Boston Bar Association - 16 Beacon Street, Boston, MA

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This program will draw the experience of seasoned practitioners who have represented owners, general contractors, sureties, architects, engineers and subcontractors. They have tried both bench and jury cases in the courts of the Commonwealth, before the American Arbitration Association and other dispute resolution forums. 

The discussion will track issues from pretrial considerations through trial and conclude with an update on E-Discovery issues with the Navigant Consulting technology solutions team.



    1. Forum Selection – Arbitration or Litigation

a. Common contractual forum selection provisions
b. Jury or Bench?
c. Differences between Arbitration and Litigation (cost, discovery, appellate rights)
d. New AAA Construction Industry Rules for Arbitration (sliding scale fees, etc.)

    2. Pre-Judgment Remedies

a. Mechanic’s Liens
b. Injunctive Relief, Attachments, Reach and Apply

    3. Discovery

a. Basic types of document requests/interrogatories
b. Spoliation Issues
c. Depositions
d. Use of experts for discovery

    4. Trial Preparation

a. Witness Identification
b. Witness Preparation
c. Evidence Preservation

    5. Trial

a. Exhibits – Best Practices [Chaulks/Demonstrative Aids]
b. Experts
       i. When is it required?
       ii. Expert reports

    6. Mediation/Settlement Issues



Sponsoring Section/Committee(s):




Sandra Vega


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