- Litigation is increasing. Construction-defect claims and disputes are rising in both frequency and value.
- Poor documentation is the top risk factor. Incomplete or scattered records leave contractors defenseless when claims arise.
- Proactive tracking pays off. Real-time issue capture, timestamped photos, and version control form a defensible audit trail.
- STACK Build & Operate provides proof. With built-in issue management, revision history, and photo documentation, contractors can protect themselves from disputes and focus on building.
The fourth phase of construction is a dirty word no one likes to talk about: litigation. Disputes and defect claims are on the rise, and contractors are feeling the pressure to protect themselves with clear, defensible project documentation.
With the right systems in place, your data can be your best defense. We’ll cover current risks in construction, the importance of an audit trail, and how STACK mitigates risk with a single source of truth for all of your project documents.
Rising Litigation Risk in Construction
- A 2025 litigation outlook from Seyfarth Shaw predicts an increase in construction-defect lawsuits across North America, driven by complex builds, labor shortages, and post-disaster rebuilding.
- Arcadis’ 2023 Global Construction Disputes Report found the average value of disputes reached $52.6 million and the average resolution time stretched to 16.7 months (up from 14.2 months in 2020).
- Nearly half of corporate legal teams (including those in construction) expect even more lawsuits or regulatory investigations in the coming year, according to Norton Rose Fulbright’s 2025 Annual Litigation Trends Survey.
Large, high-value projects bring big opportunities and big exposure. The combination of more subcontractors, multiple design revisions, and overlapping schedules means greater chances for something to go wrong, and for someone to get blamed.
The Documentation Dilemma
When a claim lands on your desk, the question isn’t always what happened, it’s what can you prove?
The leading cause of construction disputes, according to Arcadis, remains poor or incomplete documentation. Without a clear record of what was built, when, and according to which set of drawings, contractors are left vulnerable.
Paper trails scattered across job trailers, text messages, or email chains can’t stand up to the scrutiny of a court case. By the time a claim surfaces (often one to three years after completion), memories fade and personnel change. If your documentation isn’t centralized and timestamped, you may find yourself in a costly “he said, she said” dispute.
Real-Time Issue Tracking: The Modern Risk Shield
Protecting your company from litigation starts with proactive documentation. Real-time issue tracking, photo documentation, and revision control turn everyday field management into a legal safety net.
- Capture issues before they escalate. Log defects, scope changes, and conditions as they occur, not after the fact.
- Timestamped photo evidence. Photos linked to issues and drawings create a visual audit trail. When asked, “What did this area look like on that date?” you’ll have the answer.
- Track revisions automatically. Disputes often stem from confusion over which drawing or spec was current. Version control makes it easy to show which plan was used and when it changed.
- Simplify as-builts and handover. Accurate as-built documentation demonstrates exactly what was delivered, helping you close projects cleanly and minimize post-completion claims.
How STACK Build & Operate Protects You
STACK Build & Operate makes this level of documentation and traceability not only possible, but easy.
- Issue Tracking – Log issues on the spot from any device. Each record includes descriptions, photos, timestamps, and responsible parties, creating a clear chain of accountability.
- Photo Documentation – Take, tag, and organize jobsite photos directly within STACK, tying them to specific drawings, revisions, and field notes.
- Revision Control – Eliminate confusion by ensuring everyone works from the latest set of plans. STACK automatically manages drawing versions and change histories.
- As-Built Records – Document conditions as you go, so your as-builts reflect reality. If a defect claim arises, you’ll have the evidence ready.
- Centralized Data Ownership – Unlike fragmented paper files or third-party storage, your project data stays in one secure, searchable platform owned by your team.
What Contractors Are Saying
Build With Confidence
STACK helps you document every detail, track every issue, and control every revision, so you can focus on delivering great work, not fighting over it later.
Protect your projects. Protect your business. See what STACK can do for your team today!
