Challenges of Legal Intermediaries in Construction Litigation

Abstract

Litigation remains the least preferred dispute resolution method because it promotes adversarial relationships between disputants. However, its ability to secure a binding decision has proven its effectiveness in ending disputes. Because construction lawyers typically are only involved after disputes arise, construction professionals who have been part of the project since the inception stage need to fill the knowledge gap of the lawyers about the projects, taking up the roles of legal intermediaries. The communication between legal intermediaries and construction lawyers is one of the determinants of the case verdict because it fundamentally affects the potential of lawyers in preparation for litigation. This paper aims to formulate litigation case management strategies for legal intermediaries. The process included the identification of potential challenges faced by legal intermediaries during preparation for litigation and was followed by suggestions to overcome them. Quantity surveyors (QSs) were selected as the subject of study because the aspects covered by them during litigation preparation are wider than other construction practitioners. Qualitative research was conducted by interviewing 13 respondents who are construction lawyers and QSs who have experience in construction litigation. Among the challenges faced by legal intermediaries in litigation case management are documentation, proceedings, knowledge of the law, personality, and their daily job scope. The findings on their strengths, weaknesses, and suggested methods to overcome the challenges were integrated to form strategies for legal intermediaries in overcoming the challenges faced in preparation for litigation. Apart from contributing to the current body of knowledge, construction professionals could equip themselves by applying the suggested methods from this study to overcome the challenges faced as legal intermediaries.