A recent Wyoming Supreme Court decision, Lacher v. Case, 2026 WY 82 (Wyo. July 16, 2026), serves as a reminder of a lesson that applies equally to developers, contractors, subcontractors, and owners: when the paperwork is thin, the risk is not.
In Lacher, a homeowner and contractor proceeded with a residential construction project without a signed contract, agreed price, or other clear written documentation of the parties’ obligations. When disputes later arose concerning the quality, scope, and completion of the work, the parties found themselves litigating issues that could have been addressed at the outset with better documentation. The Wyoming Supreme Court ultimately affirmed dismissal of the homeowner’s claims because he failed to present sufficient evidence of damages.
Most construction disputes begin not with bad intentions, but with differing understandings of what was said, approved, or expected. A contractor believes extra work was authorized. An owner believes it was included in the original scope. A subcontractor assumes everyone understands a revised schedule. Months later, those assumptions become disputes.
The solution is simple: document the agreement, document changes, and document the consequences. A contemporaneous email, meeting note, field directive, daily report, or change order is often far more persuasive than a witness trying to reconstruct events years later.
Practical Takeaways
- Put the deal in writing.
- Confirm important verbal discussions by email.
- Document changes in scope, price, and schedule as they occur.
- Preserve project records, correspondence, meeting notes, and photographs.
- Track costs and schedule impacts contemporaneously, not after a dispute arises.
Construction projects move quickly, and perfect documentation is unrealistic. But parties that consistently create a written record place themselves in a far stronger position when questions arise.
When a dispute turns on memory versus documentation, even the faintest pencil usually wins.
Conor Shankman is a Shareholder in Bernstein Shur’s Construction Law practice group, where he represents owners, developers, contractors, and design professionals on contracts, risk management, claims, and litigation. He can be reached at [email protected].
The Construction Law group guides developers, contractors, and suppliers through every project phase, combining deep industry knowledge with transactional and litigation expertise across real estate, land use, labor, and municipal law.