Construction Law

3 Things To Know About Pre-Litigation featured image

3 Things To Know About Pre-Litigation

When faced with the chance of settling disputes or lawsuits in court, contractors should be cognizant of all options. Building a trusted relationship with a contractor attorney in Orlando is imperative for those in the construction industry who want to be aware of what choices they have when dealing with potential court time.

1. What Is Pre-Litigation?

Pre-litigation is defined as any activity that happens regarding a legal claim prior to a lawsuit being officially filed. An Orlando contractor attorney will typically spend a significant amount of time working cases during the pre-litigation state to try and settle it fairly without having to file a lawsuit. During the pre-litigation state, there are a few steps that are taken:


After the party decides to move forward with a dispute claim, their first step should be to notify the other party, through their lawyer. This protocol is intact to let everyone prepare for the upcoming process.


During pre-litigation, your Orlando contractor lawyers will investigate to gather facts and documents to start building a case. Witnesses will be interviewed, statements will be made, and all evidence will be recorded.

Settlement Negotiations

Negotiations are typically informal, with all attorneys present. This involves the attorneys and their clients discussing the details of the incident, and attempting to come up with compromises to help settle the claim before the litigation process.

2. What Are The Benefits Of Pre-Litigation?

Some of the benefits of pre-litigation include:

  • A faster, cost-effective solution to the dispute;
  • A win-win solution;
  • Salvaged business partnerships; and
  • A way to move forward effectively with the construction project

3. Legal Representation In The Pre-Litigation Process

In addition to their knowledge of construction law, contractor attorneys in Orlando bring a variety of skills to the table as legal counsel. Hiring an attorney pre-litigation is less expensive than having an attorney file a lawsuit, which will include the expenses of preparing and filing the actual case, depositions, pre-trial motions, and time preparing for trial. A pre-litigation attorney has experience handling prior cases and will be able to give you a breakdown of what to expect during the process, and your options if pre-litigation falls through.

To speak with one of our experienced contractor lawyers in Orlando, please call us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.