The blueprint for construction ediscovery: File types, formats, and the right questions to ask

Construction data collection poses unique challenges, with niche file types spread across numerous custodians and devices. Here are tips for handling those file types, building an efficient collection strategy, and conducting custodian interviews to understand the data at hand.

Construction disputes usually involve reports, images, drawings, and data that aren’t found in typical civil litigation matters. Email communications are still crucial, but construction projects generate a sprawling universe of digital files that reflect the physical, technical, and operational complexity involved in building structures. There’s a wide variety of schedules, models, drone footage, field logs, and drawings that don’t fit neatly into standard ediscovery playbooks. If you’re not prepared to manage a diverse set of data, it can become an expensive and debilitating headache during collection, review, and production. 

Here’s a tactical guide on ediscovery data collection for construction lawyers, with tips on how to handle the niche file types common in construction matters, as well as questions you should ask in custodian interviews to nail down an efficient collection strategy. 

Tips for handling unique file types

In many respects, construction disputes involve the same file types that you need to collect in any litigation matter, including PDFs, Microsoft Word documents, Excel spreadsheets, PowerPoint presentations, JPG images, and email.

But there are some reports and data files that are unique to construction projects and are often critical evidence in a dispute or litigation matter. It may not be possible to view these files in their native format due to their proprietary nature, but the information you need can typically be exported in more “static” formats for easy viewing in an ediscovery platform such as Nextpoint. 

Here are six types of data that are common in construction matters, with tips on how to collect them:

1. Project management files (Procore, Primavera, etc.)

Project management platforms can house a tremendous amount of information, from change orders to milestones that form the backbone of a project’s history and timeline. It’s only possible to view the entirety of available information in the platform itself, but most of the important information can be exported as CSV files, Microsoft Excel spreadsheets, XML files, or even PDFs.

These exports might only provide a “snapshot” of specific segments of information or reports, but are usually more than adequate to reference and review for dispute purposes. 

2. Building information modeling (BIM) files (Autodesk revit)

BIM files are built to display multi-dimensional, geometric visuals, but they also contain important related metadata. Again, it’s necessary to have the native, proprietary software to fully view BIM files, but visuals can be exported out as DWG files, and general information can be extracted in PDF format.

In addition to those static file formats, you may also choose to export an industry-standard IFC (Industry Foundation Classes) file that will contain (and preserve) all of the related metadata. These IFC files cannot typically be viewed in an ediscovery platform, but they can still be stored (and preserved) there in case you need to reference the information later or provide it to an expert.

3. Budget estimates and cost tracking (Microsoft Excel)

Construction projects can include a plethora of cost estimates, change order logs, cost projections, expense tracking, job cost reports, and more that is often tracked in complex Microsoft Excel workbooks. Nextpoint includes a spreadsheet view that imitates the native interface of Microsoft Excel, enabling you to analyze the files intuitively and access any hidden information and formulas without allowing changes or edits. It is possible to convert Excel workbooks to PDFs, but doing so will lose the ability to examine formulas used in the Excel file. 

4. Images, videos, and drone footage (JPG, MP4, MOV, etc.)

Pictures and videos have always been necessary on a construction site, and the prevalence of mobile phones has made construction images more abundant. You may need to collect those files directly from a variety of devices, or in some cases, you can have custodians upload data to a cloud service and collect it there.

Today, drone footage and site photography have become standard practice on construction projects, and those files likely embed GPS coordinates, timestamps and other information in the metadata. Most ediscovery platforms can ingest a variety of standard image and video files for review. Video files are large, so consider using a review platform that doesn’t charge based on data, like Nextpoint. 

5. Computer-aided design (CAD) Files (AutoCAD files including .DWG and .DXF)

CAD drawings remain common for design documents, and they include versioning information and embedded metadata that are important to collect. Nextpoint can import native .DWG and .DXF files and show a “flattened” version of these files that are adequate for determining relevancy. You can also export CAD files as images or PDFs for import into Nextpoint. 

6. Various sensor data (.CSV or .JSON files)

Many construction sites today employ a variety of sensors to measure and track concrete curing, structural health, vibrations, temperature, noise, air quality, etc., and this information is often collected in cloud-based platforms. This data is typically exported as .CSV or .JSON files, which can either be imported into Nextpoint directly, or in some cases, parsed into Excel or XML files for easier viewing. 

Constructive considerations for data collections

It’s important to have a plan before plunging into data collection so that your efforts are defensible, and you can be confident you have the information you need. Here are four considerations to keep in mind. 

1. Establish a list of file types and their sources (data mapping)

You’re probably already tracking the people and events involved in a construction project, but it’s also important to start a list of file types that you need to collect along with the location where those files are stored. Construction projects can use a mix of cloud platforms, shared drives, local machines, mobile devices, and even paper. Consider building a “data map” — start simple and add detail as you move through the collection phase. 

2. Mind the metadata

It is vital to collect all the metadata associated with files because it helps tell the entire story and provides important context. However you decide to collect data and files, ensure that your process retrieves the associated metadata and properly preserves it. 

3. Don’t dismiss the native file

Discovery platforms aren’t designed to directly ingest complex databases from construction project management systems or BIM files, but it can be a good idea to collect the native file anyway. While a PDF export of a project file might be the most convenient way to quickly review the data, you should consider collecting the native file to keep it properly preserved in a discovery platform in case an expert or consultant needs access. 

4. Organize at ingestion

As you prepare to import the data you’ve collected, make sure you have a plan for keeping it organized throughout document review. For example, Nextpoint gives you the ability to identify the data custodian upon import, which could be an actual individual or a local server or cloud location. You could choose to organize your data around custodians, date ranges, or another factor.

Picture the document review process and consider how you’ll want to sort, filter, and cull down the data. The more you can organize and anticipate on the front end of data ingestion, the more options you will have during review for finding what you need. 

Ask these questions to build a strong collection strategy

Custodian interviews are a helpful tool when it comes to identifying and collecting the data you need to review and produce. Talk to the individuals who manage the construction data to get specific guidance on how the data is stored, how you can access it, and how it’s organized. This information will help you construct the most effective plan for collection. 

Here is a short list of general questions you can ask to be better prepared to collect data for discovery and disputes:

• In general, what software applications and platforms were used in this construction project? 
• What project management platforms were used, and who currently has active access to them?
• Was there any scheduling software used for this project, and who currently has active access to it? 
• What modeling software was used on this project, and where were model versions stored?
• What budget estimating and cost reporting software was used for this project? 
• Were project files saved locally to computers, to company servers, or in cloud platforms?
• Did anyone use personal devices (laptops, phones, tablets, etc.) to access or store project files?
• What email systems did the project teams use? 
• What platforms or collaboration apps did the project teams use for communications (Microsoft Teams, Slack, WhatsApp, text messages, etc.)? 
• How were daily project reports generated, and where were they stored?
• Where did project teams store and access pictures and videos of the construction project? 

Building up to success

Construction disputes demand a heightened level of ediscovery sophistication that goes beyond email review. The file types discussed above require deliberate collection strategies, careful metadata preservation, and thoughtful ingestion into your review platform. 

Fortunately, these challenges are manageable with the right preparation. Start by understanding the unique file types you might need, create a stable plan for collection based on asking the right questions, and work with an ediscovery platform like Nextpoint that can handle the diverse file types involved in complex construction projects.