When you hire a construction attorney from Alves Radcliffe, our goal is to provide the legal support you need to get your construction project back on track or to receive the compensation you deserve. Sometimes, a settlement provides our clients with the compensation they need to account for a poorly executed construction project. In other cases, the construction company at fault takes steps to correct the flaws and mistakes that are associated with the construction project.
If we cannot reach a settlement and the construction company fails to address the issues at hand, filing a civil lawsuit might get you the compensation you deserve. When a civil lawsuit ends in a dismissal without compensation, a construction lawyer files an appeal. However, filing an appeal does not mean the plaintiff receives monetary damages. This means you need to know what happens after an appeal is denied.
Prejudice vs. Without Prejudice
Although a dismissal typically means a civil case is over and the plaintiff can no longer take legal action against the defendant, the status of the case depends on how the judge hearing the case dismissed the appeal. A civil case dismissed “without prejudice” means the plaintiff has the right to file another appeal by fixing the problems that plagued the first appeal. You might need to submit more persuasive physical evidence such as blueprints and/or a business law contract that describes how a construction company should be held legally accountable.
When a judge dismisses an appeal with “prejudice,” the plaintiff cannot file another appeal that covers the same legal issues as the first appeal. For example, if you filed an appeal on a civil lawsuit that claimed the general contractor failed to establish a safe work environment, you cannot file a second appeal that addresses safety in the workplace issues. A judge who dismisses an appeal for a civil lawsuit typically believes the plaintiff has not built a strong enough case to warrant the approval of monetary damages.
When Does a Case Become Moot?
A civil case becomes moot for one of several reasons. First, the judge hearing your appeal can dismiss the appeal if the judge decides that the appeal is legally frivolous. Second, a judge can label an appeal moot because the plaintiff did not follow the strict rules that define the appeal process. Finally, when both parties reach an agreement while a judge hears arguments during the appeal process, the judge rules the appeal is moot and dismisses the appeal. Both parties should work on reaching a settlement during the discovery phase of a civil trial to avoid the costly and time-consuming appeal process.