In the construction industry, efficiency is a constant goal — trying to improve processes to maximize productivity and value. Much of this is encapsulated in the principles of lean design and construction, which rose to prominence in the 1990s and which many companies now use to eliminate wasted hours, wasted potential and even wasted movement.

Outside of jobsites, though, construction companies don’t always maintain this lean methodology. And that can extend to the way they handle legal issues.

From workplace accidents to safety violations to contract disagreements, the types of legal pitfalls that construction companies encounter are, in a general sense, somewhat predictable. Despite that, when a lawsuit arises, companies are often caught off guard by the eDiscovery process, resulting in a mad scramble to locate and produce the necessary data. This approach can be costly, chaotic and prone to errors, which is not very “lean.”

Construction companies should instead consider the benefits of applying lean methodology to the eDiscovery process. By doing so, they can reduce costs, speed up response time and increase the probability of success in the courtroom.

There are three steps to incorporate eDiscovery as a lean process.

1. Put a plan in writing

In a large company with hundreds of employees, it’s easy to lose track of where data is stored. So, the first step to establishing an organized eDiscovery process should be mapping out exactly what exists, where it’s located and who created it. Remember that important data might not be contained solely on internal servers — it can also be in text messages, social media, video files, personal emails and cloud accounts.

Next, outline who’s responsible for each part of the overall eDiscovery process — from legal holds, to collection to review to production. Also think through and create protocols for how each step of the eDiscovery process will be handled, including search terms and methods, production specifications, clawback provisions and other needs.

The plan should also include the option to outsource eDiscovery services when needed. eDiscovery projects vary widely depending on size and complexity, so it’s important to determine how much the team can take on itself and when to call in an outside vendor.

2. Select a streamlined platform

The next step is to select the right eDiscovery platform(s) for preserving, collecting, processing and reviewing data. Ideally, a solution should involve just one or two platforms. For example, the company may use one platform to manage targeted data collection, legal holds, data preservation, data culling and more. Then, that processed, culled-down data can be moved to another platform for final review and production.

A crucial feature of any platform is early data analytics, which allows terabytes of data to be sifted through quickly and accurately, in order to discard irrelevant documents and control costs from the outset. Some platforms also accommodate plug-ins, such as deep analysis, clear visualizations, technology assisted review analytics and robust redaction capability, which allow for customization to fit company needs.

The biggest reason to invest in a centralized platform is that once data has been collected and processed, it can be reused again and again. Not only is this a huge cost savings, but it helps maintain greater consistency across cases.

3. Determine the most cost-effective method of review

Document review is traditionally the most expensive part of the eDiscovery process, but there are ways to cut down on these costs with proper advance planning. At the outset of a case, a campany should consider whether to hire a team of contract attorneys or use an in-house team. Regardless of which option is chosen, the most important factor is that the team consistently applies the same level of scrutiny and accuracy to each successive batch of documents.

Consider whether or not to use technology assisted review (TAR), a process that uses artificial intelligence to identify and prioritize relevant documents during review. TAR reduces the amount of human review needed and can significantly speed up the review process, dramatically decreasing the time, cost and effort required to review data.

However, TAR does have its limitations. For files that include spreadsheets or multiple formulas and graphs, it’s actually far inferior to review done by a human (at least for now). Understanding the types of data can make the choice fairly easy.

Making all of these big decisions might sound daunting — especially if there is no pressing need to be thinking about legal concerns. But for any large construction company, occasional litigation is an unavoidable part of doing business. And, by establishing a set of standard eDiscovery procedures before they become necessary, contractors can avoid the headaches and chaos that usually accompany the process. Think of it as creating a structure that’s built to last. And the only way to accomplish that is to start with a solid foundation.