American Bar Association

Construction Trial Deskbook American Bar Association

While few construction cases currently go to trial, it is inevitable that some will. Construction cases, unlike other commercial disputes, present unique challenges. They are typically document intensive and turn on complex technical issues that are beyond the knowledge and experience of lay persons. Presenting a construction case to a jury or other trier of fact requires a myriad of skills ranging from story-telling techniques to a profound understanding of the rules of procedure and evidence, to the use of state-of-the-art graphics and exhibits as well as other tools available to optimize the litigants' abilities to persuade the jury.

This trial practice handbook was written by construction lawyers who, collectively, have decades of trial experience, and is focused only on construction cases. The book is generally organized to follow the sequence of a trial. It begins with a chapter on the Art of Persuasion, written by a nationally renowned professor of trial practice who explains the importance of story-telling techniques and how they should be an indispensable part of trial preparation. The book then generally follows the sequence of a trial, with chapters on jury selection, opening statements, direct and cross examination, handling experts and exhibits, jury instructions and closing. There are also chapters that address pre-trial evidentiary motions, enforcement of judgments and preserving the record for appeal.