Construction Law

An Introduction to the Litigation Process Part 1 featured image

An Introduction to the Litigation Process Part 1

According to the Cornell Law School, litigation is “the process of resolving disputes by filing or answering a complaint through the public court system.” Litigation is an integral part of the construction industry because, in many cases, disputes cannot be resolved without first taking part in a formal hearing in a court of law. Construction conflicts often lead to litigation, so it’s important to understand how a Miami construction litigation attorney can help you prevail when a dispute arises between yourself and another party. Litigation can occur between the various entities on a project, but it most commonly takes place between contractors and owners or contractors and subcontractors. 

In this two-part series, the Miami construction litigation attorneys at Cotney Attorneys & Consultants is pleased to announce that they have been named to the 2021 edition of Inc. 5000 list. The ranking recognizes the fastest-growing small private companies in the United States. will discuss the litigation process and how the services of an attorney are essential to the success of contractors that are fighting for their rights in a court of law. Remember, for all of your construction-related legal needs, including industry-leading representation during hard-fought courtroom battles, an attorney is standing by.


The first step in litigation is always the filing of a complaint. Whether you’re the party filing the complaint, or the party defending yourself against one, it’s essential to contact a Miami construction litigation attorney as soon as it appears that a dispute will be proceeding to court. Your attorney will be able to assist you with a myriad of important pre-trial services, including:

  • Serving notices
  • Discussing settlement opportunities
  • Preparing a plan for discovery and disclosure
  • Attending the pre-trial conference (preliminary and final)
  • Filing motions (and additional motions)
  • Filing an answer
  • Disclosing documents and pushing the discovery process forward

Once all of these steps have been completed, your Miami construction litigation attorney will prepare you for the trial.


Once the trial begins, each party will present their case along with the testimonies of any relevant witnesses or experts. Ideally, your attorney has a strong gameplan to help you prevail. If you worked with an experienced attorney, they will have already performed the necessary legal legwork to fortify your case and protect your best interests during the discovery process. Once all cases have been presented, the court will render, sign, and file a judgment. You might be surprised to learn that this doesn’t signal the end of the litigation process. As we will discuss in part two of this two-part series, post-trial proceedings can also have an effect on your ability to get back to work.

If you would like to speak with one of our Miami construction litigation attorneys, please contact 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.