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Before and After: Top Three Reasons to Keep Good Records

By Matthew DeVries on October 12, 2009
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The “before” picture often magnifies the significance of the “after” picture.  In other words, if you had only seen the “after” picture below, then you may think, Wow! How did that crane find its way into that nice pool of water? Perhaps it somehow fell into the water?

After: Crane in Pool of Water

Now check out the “before” pictures … which tell you exactly what happened.

The Before Pictures

Did you know photographs like the ones above are essential to the construction project management process?  The term project management includes: (1) establishing procedures to manage, monitor and document work and progress; (2) ensuring regular flow of information for project control and coordination; and (3) creating contemporaneous, accurate and complete record of job conditions and problems including their impact to the project.

But why are proper records so essential for claims and disputes?

  • To establish causal connection between the event and the damages
  • To establish reservation of rights or non-waiver of your claim
  • To properly identify actual costs and delays incurred

As a construction litigator, most of the claims that I handle involve breach of contract disputes.  The majority of them involved one of the above three issues, which must be established by some type of proof (i.e., testimony or letter or written change order or photograph).  Good record keeping will either prevent claims or preserve your rights. 

Photo of Matthew DeVries Matthew DeVries

Matt is a shareholder at Buchalter, and father of seven young kids.

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  • Posted in:
    Real Estate & Construction
  • Blog:
    Best Practices Construction Law
  • Organization:
    Matthew DeVries
  • Article: View Original Source

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