Building a Favorable Project Record During Construction Disputes -
The value and importance of the written record in a dispute arising from a major construction project cannot be overstated. Even when project personnel are available to provide first-hand accounts - which often is challenging after construction is complete - the contemporaneous evidence concerning the information available to the parties while the work was ongoing is always powerful.
Accordingly, owners and contractors alike should take care to ensure the project record chronicles the facts, preserves rights, and lays the foundation in real time for their position regarding how unforeseen costs and delays should be borne. Moreover, parties should not shy away from important dialogue in the fear that they will be seen as making excuses or threatening litigation. Recording key project facts and presenting reasonable interpretations of entitlement are steps beneficial to problem-solving, good contract management, and risk evaluation… as well as litigation should a dispute become intractable.
This article discusses the value of ensuring your ongoing project generates a robust and accurate written record.
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