eDiscovery Daily Blog

eDiscovery in AEC: Navigating Legal Complexities in 2023

eDiscovery Architecture, Engineering, and Construction - Man in Hard Hat

In the realm of Architecture, Engineering, and Construction (AEC), legal challenges are inherent, as affirmed by construction litigator Jordan Nadel of Mark Migdal & Hayden. A recent Arcadis study highlights a 42% surge in construction lawsuits in North America from 2021 to 2022, attributing this spike to ongoing COVID-19 effects, supply chain woes, and escalating material costs.

Stakeholders in the AEC industry grapple with heightened expectations, emerging environmental, social and governance (ESG) requirements, and disruptions from supply chain issues all impacted by climate change. These challenges necessitate a reevaluation of industry approaches.

To navigate the legal storm, AEC companies must meticulously document project activities, contracts, and communications. Liz Rancourt-Smith from Tilson underscores the importance of document management, labeling contracts and paperwork as the essential framework of construction projects.

Yet, maintaining clarity in an industry where standardization often stops at construction proves challenging. Disparate workflows and vast databases make legal discovery a potential nightmare.

Common legal cases in AEC encompass contract disputes, professional negligence claims, construction defects, insurance coverage disputes, delay claims, and regulatory violations. Proactive documentation and robust organizational workflows emerge as shields against impending legal complexities.

Fortunately, solutions exist for AEC’s vast challenges. Our white paper, “Laying a Solid Foundation: eDiscovery Must Haves in the Architecture, Engineering, and Construction (AEC) Industry”, authored by attorney and innovation strategist Nadine Ezzie, delves into these challenges and their solutions, offering insights for both immediate and future needs.