In construction defect litigation, it is common for an owner to email the contractor about purported construction problems. It is likewise common for the contractor to email the owner. Absent some type of legal privilege, these emails are discoverable and subject to production in litigation.
As a result, keep in mind the following:
1. Do not delete or otherwise destroy the emails that were sent and that were received;
2. Keep in mind that some third person will read those emails so exercise judgment and caution as to what and how things are said; and
3. Correct the sender’s statements if they need correction but do so politely and accurately.
Emails can be shown to a judge or jury so remember your audience and how you would want them to perceive you.
This article does not constitute legal advice or the formation of an attorney-client relationship, and is not for re-publication without express permission of the author.