While trolling the internet I came across an article that gives advice on how to prepare a construction claim, and preserve evidence and documentation. Here are a few tips.
- Keep written records. Although conditionsat Projects may constantly change, make sure you have a process in place to reduce to writing all pertinent facts that affect construction. This may be a changed condition, interference by another party, unusually severe weather conditions, a change in material price, etc. If you have a pertinent conversation by phone or in person, make sure you follow-up the conversation in writing. I cannot tell you how many times I have heard, “Well, they agreed to the change order on the phone.”
- Record just the facts. If you take the time to record the facts in writing, make sure you leave out all the informal language and other information that will make a good exhibit in litigation. There is no need to tell the owner’s representative that he is an idiot (…even if he is…) in a request for information. There is no need to tell the contractor’s project manager that he is incompetent (…even if he is…) in an email responding to the RFI. Stick to the facts.
- Organize your information. Whether you keep hard-copy documents or you have incorporated the paperless project, make sure you take the time to use a folder structure system that organizes the information in a chronological manner. This will help you (and your attorney) in the event a dispute arises.
Source: From the Best Practices Construction Blog, “90% of Construction Disputes Are Fact-Driven,” Posted on September 23, 2011 by Matt DeVries
Please contact construction attorney Andrew Douglas, P.A. to discuss your claim.