Adapting to Virtual Construction Litigation: New Challenges and Prospects

Construction litigation has experienced a significant transition from in-person to virtual settings, a change largely driven by the COVID-19 pandemic. Virtual hearings, mediations, and depositions, now the norm, have brought cost savings, enhanced scheduling flexibility, and easier access for geographically dispersed participants. However, they also pose unique challenges. Lawyers, claims adjusters, and judges face technical issues, reduced non-verbal communication, and difficulties in managing complex evidence virtually, all of which affect case outcomes.

From a claims management perspective, the virtual shift has led to stricter court-imposed deadlines, accelerating timelines and intensifying workloads. Claims professionals have had to adopt digital documentation and virtual investigation tools, increasing efficiency but also raising cybersecurity concerns. Mediators in construction litigation, too, have adapted, using new strategies to manage group dynamics and maintain participant engagement in virtual settings.

Moreover, the remote format has impacted relationships among attorneys, clients, and judges, reducing the informal interactions that foster rapport and trust. Judges face particular challenges in grasping technical construction details without in-person hearings, potentially affecting case rulings. Nonetheless, the industry has shown resilience, with many professionals predicting a hybrid model that combines virtual and in-person elements. This model could address some limitations of the virtual format while preserving its advantages.