When Owners Go To Battle: Strategic Planning Before The First Shot

In large-scale commercial construction, disputes aren't a matter ofif— they're a matter ofwhen.Bill Shaughnessyand I recently co-authored a practice note for LexisNexis' Practical Guidance about representing owners in construction litigation. Here are a few key insights.

The "Deep Pockets" Problem

Judges, arbitrators, and juries often view owners as the party with the money — the entity trying to avoid paying contractors who did the actual work. That's why owner claims must go beyond legal technicalities. They need strong economic justification that demonstrates fairness and proportionality. Credibility matters as much as the merits.

Litigation Readiness Starts in the Contract