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Getting your digital documents in order: The challenges for disputes resolution

The proliferation of electronic documents in the construction industry presents a significant challenge when a project gives rise to a dispute.

In an article for Construction News, White & Case Partner Rebecca Shorter looks at the disclosure process in construction disputes and how it has evolved and expanded with the rise of digital documents, including the techniques and technology that are being implemented to handle disclosure and how the courts and tribunals hearing disputes are responding through guidance and judgments.

Shorter writes: "All types of formal dispute resolution include a disclosure process: the production of documents, either voluntarily or as directed by a court or tribunal, that are relevant to the issues in dispute. Only 15 or 20 years ago, the process of searching for and identifying relevant documents for disclosure was an almost entirely manual exercise. Today, the sheer volume of emails, meeting minutes, design documents and reports means that a manual search is increasingly not an effective option, not just for reasons of time and cost, but also comprehensiveness. Courts and tribunals are becoming increasingly familiar with the challenges posed by the electronic age, and are adopting procedures and guidance to address it."

To read more about the challenges and opportunities of disclosure in construction disputes and what the courts and tribunals are doing in response, click here to go through to the Construction News article (paywall).

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