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Expert Analysis

Unique Spoliation Considerations In Construction Litigation

By Mark Shifton (August 16, 2019, 12:46 PM EDT) -- Spoliation is the destruction of relevant evidence, and can serve as a significant sword or shield in construction litigation. Depending on several factors, such as the degree of relevance of the evidence to another party's claims or defenses, the degree of intent (or lack thereof) on the part of the spoliator, and the jurisdiction, the spoliating party may be subject to a continuum of sanctions, ranging from monetary penalties, adverse inferences or the striking of the party's pleading....

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