Making the Call: Four Factors To Consider When Taking a Case to Trial

When a construction-related legal dispute cannot be resolved by the parties themselves or with the help of a mediator, a party may feel it has no choice but to take the case to trial -- either to force an adversary to get serious about settlement or because the party believes only a judge or jury could break the deadlock.

Trials are costly affairs, both in terms of the out-of-pocket expenses a party must take on in the lead up to and during trial, and the zero-sum outcomes that often emerge from a trial.

To make a smart, informed decision about whether to take a case to trial, a party needs to evaluate several factors affecting its chances of success.

Most of us already know that "Trial Evaluation 101" includes considering the strength of the case, potential damages, the costs of litigation, time and resources, and the risks and benefits of settlement.