When Your Project is Put on Trial: What to Expect for the Contractor

By: R. Thomas Dunn, Esq. and Matthew R. O’Connor, Esq. As contractors, you may never imagine you could end up someday testifying under oath about the tenth email you sent on a random Tuesday years ago talking about an RFI, soil compaction, or who said what in a meeting with the project owner. Yet, that’s the reality of what happens when a dispute exits the worksite and enters a courtroom. Recently, the authors tried a multi-day arbitration involving millions in claims. There were twenty witnesses ranging