Maren Strandevold in UK Construction Excellence: Challenges of E-Disclosure in Construction Cases

09/24/2018

It is estimated that 156 million emails were sent every minute last year. Add to that the new methods of communication developing and being favoured by companies and individuals, and it is easy to understand why the data created by companies during the course of a project is constantly growing – but as a result, so is the task of e-disclosure. Much has been done in recent years to improve the efficiency and usefulness of the disclosure process in arbitration and court litigation.

This article, from Maren Strandevold, Associate at Haynes and Boone CDG, will discuss the usefulness of the tools and techniques available to parties in a construction dispute to deal with the data explosion.

Disputes in the construction sector are typically document heavy, particularly where the dispute includes a claim for delay on a big project. The document count can be in the hundreds of thousands and that in itself presents a number of challenges. The nature of the work creates further challenges: disputes are usually technical in nature and the relevant evidence is likely to include spreadsheets, drawings and photographs. Managing such documents, reviewing them for relevance and providing disclosure can be a real challenge and lawyers engaged in this type of work have to look at the tools available and consider carefully the most appropriate approach. Making the wrong choice can make the exercise both more costly and far more time consuming. …

Excerpted from UK Construction Excellence. To read the full article, click here.

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