Get Litigation-Ready—Without Letting It Derail Your Business
This is step 5 of our Pool Contractor’s Guide to Smart Next Steps.
When a homeowner threatens to sue, it’s tempting to go on the offensive—or worse, shut down in frustration. But as a business litigation firm that represents pool companies across Florida, we’ll tell you this: lawsuits are not a sign you’ve failed—they’re a sign you’ve grown. The key is not to panic, not to rush, and definitely not to stumble into a courtroom unprepared.
Step five is about positioning your company from a place of strength. You don’t need to fear litigation. But you do need to prepare for it wisely.
Why We Say “Prepare,” Not “Pounce”
We’re not against litigation. We litigate all the time. But successful outcomes start long before a complaint is ever filed. When we advise pool contractors not to rush to court, it’s not hesitation—it’s strategy.
Litigation is a tool, not a tantrum. Used properly, it protects your rights, your reputation, and your financial future. Used impulsively, it can drain all three.
So what should “preparation” look like for you?
1. Build Your War Chest—Now
By now, you’ve hopefully gathered every shred of documentation:
Photos of the project at every phase
All correspondence (texts, emails, calls)
The signed contract, change orders, and payment records
This isn’t just good business. It’s evidence. It gives your attorney the tools to put pressure on the other side, poke holes in their claims, or show a judge that your company didn’t cut corners. Most importantly, it shifts the momentum back to you. This is also the time to take a hard look at your company’s budget and assess whether your current litigation reserves are realistic. In most cases, they’re not—and now is the time to course-correct.
2. Let Your Attorney Take the Lead
If you haven’t already, this is the point where your attorney should step in fully. No more side negotiations, no more “one last call” to the homeowner. Every word you say from here on out should be calculated.
Your attorney will:
Respond to the homeowner’s lawyer or demand
Identify red flags or weak points in their claim
Set the tone that you’re ready to defend—if needed
You are no longer “just a contractor.” You are now a represented party in a potential legal matter. That’s a big shift. Own it.
3. Look at the Big Picture
Litigation takes time. It costs money. And it opens the door to public records, lost productivity, and ongoing distractions. So while you should prepare as if you’re going to trial, you should also be watching for off-ramps that serve your bottom line.
This doesn’t mean folding. It means staying focused on your business goals—not your emotions.
Sometimes, the best settlement is the one that saves your schedule and keeps your team building pools instead of sitting in depositions. Other times, it’s better to fight back and clear your name.
The difference? Strategic planning. With the right preparation, you decide the path forward—not the homeowner, and not their attorney.
4. Know What to Expect if Litigation Happens
If a lawsuit is filed, your attorney will:
Determine whether your contract contains mandatory Alternative Dispute Resolution provisions, such as arbitration
If there are none, draft and file your formal response (called an “Answer”)
Demand discovery from the other side (emails, photos, invoices, inspections)
Line up any needed expert witnesses
Position you for mediation, dismissal, or trial
But remember: Most construction-related lawsuits do not go to trial. Your power is in knowing this process, preparing thoroughly, and holding the line until the resolution that best serves your company becomes clear. But if trial becomes necessary, you need seasoned counsel at the helm—someone who knows how to fight smart and protect your business every step of the way.
Final Word: This Is How Smart Businesses Fight
You don’t build a reputation as a reliable pool contractor by rushing into court—or by hiding from conflict. You build it by handling threats calmly, professionally, and from a position of strength.
You’ve made it this far in business because you know how to plan, solve problems, and move forward. Legal threats are just another challenge—and with the right support, you can handle them just as strategically as any construction project.
Need to talk before things escalate further?
At the Simpson-Cannon Law, we represent Florida pool companies in contract disputes, litigation, and everything in between. We don’t back down—but we also don’t act without a plan.
📞 Contact us today to schedule a confidential consultation and let us help you protect what you’ve built—without losing sleep over it.
📘 Don’t Miss the Full Guide
This post is part of our series: When a Homeowner Threatens to Sue: A Pool Contractor’s Guide to Smart Next Steps
Start with the full overview to understand the big picture—then dive deeper into each step to protect your business, plan strategically, and stay one step ahead:
👉 Read the Main Guide: When a Homeowner Threatens to Sue: A Pool Contractor’s Guide to Smart Next Steps
Then explore the step-by-step breakdown:
Step 1: “Pictures or It Didn’t Happen” — Why Smart Business Owners Document Everything
Step 2: Why You Should Stop Negotiating Directly When Legal Threats Arise
Step 3: Review the Contract Terms Thoroughly: The Hidden Key to Defusing a Lawsuit Threat