As owners, you're the ones footing the bill for billion-dollar builds — delays, defects, and overruns shouldn't mean eating the costs. In my latest LexisNexis Practice Note (co-authored with partner Chris Cazenave of Jones Walker LLP), we break down the strategic playbook for turning disputes into wins. 

Here's a snapshot of the essentials:

• Assess Early & Align Contracts: Map project risks (e.g., site challenges or delivery method like design-build vs. EPC) and bake in ironclad provisions — think broad indemnification (watch anti-indemnity laws), delay milestones with acceleration clauses, and GMPs with shared savings to shift overruns to contractors.

• Preserve & Document Ruthlessly: From day one, lock down emails, BIM files, photos — everything. Meet with your team ASAP to capture fresh insights and notify lenders/insurers to manage expectations and secure buy-in.

• Craft Claims That Stick: Precision is power — build economic narratives showing fairness. Hit bond requirements head-on for performance claims and loop in experts early to quantify damages credibly.

• Mitigate as You Go: Engage witnesses now, explore ADR, and calculate counter-leverage like liquidated damages. This isn't just defense; it's proactive offense to protect your bottom line.

Full guide here (Lexis+ subscribers): Representing the Owner in Construction Litigation: Initial Planning and Bringing Claims. 

#ConstructionLaw #OwnerLitigation #DisputeResolution #RealEstateDev #JonesWalker

(Next up: Defending Claims — stay tuned!)

By proactively assessing risks, preserving evidence, and engaging key stakeholders, owners can transform potential setbacks into opportunities for recovery and resolution, ultimately safeguarding their investments and strengthening project delivery.