Construction Defect Litigation Plan:

A construction defect litigation plan is a comprehensive strategy and roadmap developed by a property owner and their legal team to pursue legal action against a contractor or other responsible parties for defects or failures in the construction work. The plan typically includes an assessment of the strengths and weaknesses of the owner’s case, the identification and evaluation of the potential defendants and their respective roles and liabilities, the selection and coordination of the expert witnesses and consultants needed to support the owner’s claims, the development of the legal theories and causes of action, the calculation and documentation of the damages and costs, the preparation and filing of the necessary pleadings and motions, the conduct of discovery and depositions, the negotiation and mediation of settlement opportunities, and the trial and appeal strategies. The purpose of the litigation plan is to provide a systematic and proactive approach to the legal process, to maximize the owner’s chances of success and recovery, to minimize the risks and costs of litigation, and to achieve a fair and just resolution of the dispute. Litigation plans are an essential tool for owners and their attorneys in construction defect cases, which can be complex, time-consuming, and expensive, and require careful planning, management, and execution.