Construction disputes may be common but even more common is the number of construction professionals who find that they do not have adequate documentation to support or disprove a claim. This article will discuss the need for keeping up with documentation such as project correspondence, key events, and lien notices and releases. Read part one to learn about other important documentation.
Construction projects consist of many moving parts and communication at different levels through various platforms. The bigger the operation, the more sophisticated your recordkeeping and documentation practices should be. When correspondence is organized by who sent it, who responded, and pertinent dates, it provides a snapshot of what transpired over the course of the project. This can serve as a diary which will help back up a claim.
Preliminary Lien Notices and Lien Releases
Most contracts will include claim notice requirements. Preliminary lien notices and lien releases are critical for ensuring that construction professionals are paid in a timely manner. If not, a contractor, subcontractor, or material supplier would have the right to enforce a mechanic’s lien on a property. By meeting and documenting these notices, you will increase your chances of proving a claim if a payment dispute were to unfold. A Brandon construction lawyer is a great resources for assistance with mechanics liens.
Document all key events that could potentially lead to a claim. Important information to record includes a description of the event, when it occurred, and witnesses and participants. It’s also important to record the event’s impact on the project including the cost and scheduling.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.