If you are involved in a real estate transaction or a construction project in Florida, the potential threat of litigation can lead to immediate concerns about the long-term viability of the deal. When a complaint gets filed in court, the legal case is off and running – and who knows how it might end.
Litigation can seem endless to both parties involved. The complaint needs to be answered, and then the parties get into discovery, which is a phase of the case during which both sides can seek additional information from each other about the facts in the case and their legal claims.
Next, the end goal of the case needs to be figured out: Will it go to mediation? Arbitration? Trial? Is a negotiated settlement possible?
Preparation is key
The best way to handle potential litigation is to prevent it in the first place. Preparation is crucial if you hope to do that. For starters, many legal issues that involve real estate or construction law come down to contract disputes.
If you want to prevent litigation, make sure those contracts are “airtight” and the methods for resolving disputes are built into the contract terms.
You can also help prevent litigation by staying on top of the latest legal developments in your community and state. For example, are zoning ordinances changing? Is your lease expiring? Are insurance requirements being adjusted?
These areas, among many others, could be a part of your legal issue before you even know it. With the right preparation, many Florida residents can help themselves to avoid potential litigation.