Demolition Convention: Be Prepared

Preparing for a lawsuit might be unpleasant, but advanced planning can make the whole processes easier, according to John Mullen, an attorney with Philadelphia-based firm Cozen-O’Connor, who addressed attendees of a session entitled “A Practical Guide to Preparing For and Managing a Lawsuit,” at the National Demolition Association Convention, held recently in Las Vegas.

“The reality of the environment in the United States is that everybody can get sued,” Mullen said. Even if a company can avoid defending itself in such a suit, business owners should be aware that they could still end up on the other end of a lawsuit as a plaintiff themselves. “Sometimes it’s the only way to have to protect yourself,” Mullen said.

Demolition contractors are open to a variety of risks when it comes to potential lawsuits, including workers’ compensation claims, personal injury, property damage of adjacent sites, issues with resolving contracts and labor disputes, Mullen said.

Mullen advised business owners to examine what they can do now to better prepare for addressing such a suit in the future. He said examining insurance coverage should be a top priority to find out exactly what a given policy covers and to discover any potential gaps in coverage. One common area that is overlooked is electronically stored data, Mullen said. Most policies cover the loss or theft of tangible property, which doesn’t include data, he said.

Mullen also said that business owners should be aware that all correspondences can be used as evidence in a lawsuit, including e-mails, Web sites accessed and voicemails.

Management of these documents can be the key to any given case, Mullen said. “One e-mail, poorly written or taken out of context, can sink your case,” he said.

Mullen advised business owners to be sure to train employees on how e-mail can and cannot be used on the job and, in addition, to be sure to document such training policies.

He also advised business owners to be proactive concerning their insurance policies and review the policy regularly, either on their own or with the help of their broker.

When a lawsuit happens, Mullen also said business owners should ask their lawyer for a plan and budget in advance.

Mullen also said that the aftermath of a lawsuit can be a learning experience for how to better handle another incident. Business owners should review the process, how the budget and plan matched to what really happened and evaluate how the company can better prepare and manage legal issues in the future.

The National Demolition Association Convention was held Feb. 24-27 at the Mirage in Las Vegas. More information is available at www.demolitionassociation.com.