Construction Litigation Explained: How One Email Cost $30 Million

Garrett Mott · Construction Trial Lawyer · Hennig Law

In this engaging conversation, Garrett Mott shares insights on construction litigation, the importance of clear communication, and how frontline workers can mitigate legal risks through descriptive documentation. The hosts explore real-world cases, best practices, and the mindset needed to navigate complex legal and project management challenges. In this episode, Garrett Mott shares insights on construction safety, quality control, legal strategies, and the impact of AI on the construction industry. Discover practical tips for risk management, documentation, and leveraging technology to improve project outcomes. Today's Guest: Garret Mott Check Him Out on Linkedin: https://www.linkedin.com/in/garrett-mott-90a106b/ Episode Sponsors: Check Out Trunk Tools: https://trunktools.com/ Check Out ClearStory: https://www.clearstory.build/ Check Out Document Crunch: https://www.documentcrunch.com/

1. 00:00Intro, gaming chairs and afternoon Lars
2. 10:48Trials are about witnesses, even the lowest level guy
3. 13:56The five emails that became exhibit 12
4. 17:19Be descriptive, not prescriptive, and stay in your lane
5. 28:00Daily logs as gold and how many projects end in dispute
6. 39:42Get the lawyer and CM in early, plaintiff versus defendant
7. 42:34What to do with a non-performing sub
8. 49:53Your people are your case, the $26M super
9. 52:10AI for tone, not analysis, and the 116-hour work log
10. 1:01:06Pre-con, AIA contracts and contemporaneous records

Timestamps are from the recording and may drift a minute or two from the published edit.

"The advice is send emails that are descriptive, not emails that are prescriptive. Your job is to collect information and be descriptive about it. It's not to articulate a conclusion or opinion."

Garrett Mott · 17:19

"Every time you send something, think, is that going to be exhibit 12?"

Garrett Mott · 26:00

"Evidence that's created after a dispute arises has drastically low credibility. Juries understand that immediately. Daily notes are absolute gold."

Garrett Mott · 1:02:58