Record-Keeping on Your Next Construction Project2020-04-23T00:38:00+00:00
01.10.2017 // EDUCATION & PUBLIC AGENCY CONSTRUCTION LAW
Record-Keeping on Your Next Construction Project

Once the dust has settled after a remodel or new construction is completed, it is tempting to put the project in the rear-view mirror and move on. However, that can lead to problems down the road if the construction project has not been properly documented. At the end of the process the owner should be in possession of all documents related to the project, from start to finish.

The owner should obtain and preserve all documents related to the project. These documents typically include contracts, change orders, architect or designer communications, photos and videos, samples and other physical objects, warranty and instruction information, notes from meetings, and correspondence. It is easy to overlook items like emails and text messages but it is important to collect and retain these as well. When a project involves an owner’s representative or project manager, all documents related to the project should be turned over from the representative or manager to the owner.

The owner should have a clear policy on how and where the documentation is to be retained. It may be best to print emails and text messages and file them with the other paper documentation. Keeping the documents in a safe location is equally important, as we have seen several instances where construction documents were ruined by flooding or a fire.

Finally, it is important to retain documents for a proper length of time. It won’t be helpful to an owner trying to sort out a construction issue or question if the documents are gone. Clients sometimes ask how long documents should be retained. Given that claims and questions can arise for years after a project is completed, the best course of action is to retain the documentation for at least 12 years.

ABOUT BALL JANIK LLP

Ball Janik LLP is a Florida-based law firm offering construction law, construction defect, commercial litigation, insurance recovery, and real estate law to its local and national client base. Founded nearly half a century ago with six lawyers and a four-person support staff, the firm has expanded its capabilities, professionals, and geographic footprint. What began as a firm focused on real property and land use (known then as Ball Janik & Novack) has grown to include the insights of a team of attorneys and staff with a combined six centuries of experience. The firm has been recognized by Chambers USA, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, and Corporate International.
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