Originally from Dispute Resolution Journal

Most problems dealing with construction blossom into real litigation some time after completion and occupation of the project. Even though some controversy arises during construction, the pressure and stress of maintaining schedules prevent the exposure of the source of the dispute and indeed often cover or bury the defective work.

The attorney is then short of evidence to determine such items as the nature of the soil under foundations, number and location of reinforcement bars in concrete beams, the amount of water used in plaster, the number of bolts in a beam, and other critical elements of a building or structure.

Material and Documentary Evidence

Evidence used in construction litigation is either material or documental. Material evidence can be soil samples, concrete cores, sections cut from steel beams, plugs from roofing and other samples removed from the structure.

Documentary evidence includes the plans and related details, revisions to the plans, specifications and addenda, vendor's drawings, shop drawings and other data which were made specifically for a particular job.