Understanding Without Prejudice Communications

Although construction projects always begin with the best of intentions, disputes are often inevitable and sometimes result in litigation. When this happens, what was said between parties by letter, fax or e-mail is often critical in resolving the dispute. But some of these communications may be protected from disclosure in a lawsuit by legal privilege. Reprinted with permission of The Constructor 2007, the official publication of the Calgary Construction Association, and DEL Communications Inc., the magazine's publisher.