The fact that it is considered to be personal or private will not prevent the other side from seeing it. For this reason you should be aware that anything you write down during a construction project may be seen by people other than the intended recipient. In addition, depositions of all persons having knowledge of the matter may be taken. Assembling, reviewing and categorizing documents and preparing for depositions is often extremely expensive. This process is the most expensive, the most time consuming with the least amount of control, but there are some ways to reduce the financial impact.
Most cases settle prior to trial.
This is usually because each party becomes educated about the other's case and can, therefore, more realistically evaluate its own position. Essentially, a lawsuit should be litigated to settle. By directing pre-trial activity towards determination of the linchpin issues, the litigation process can be used to enhance the possibility of settlement. Use a rifle shot rather than the shotgun approach. Be careful of fishing expeditions where every single document generated on a job is reviewed.