Pardon for the interruption you may have gotten today in your RSS feed. I’ve been working on some behind-the-scenes housekeeping matters, and inadvertently published a not-ready-for-prime-time post. Please disregard.
I’ll be back with good construction law issues and questions shortly…..
Greetings all! Today, I have the honor of writing a guest post on Chris Hill’s blog, Construction Law Musings, on the topic of how to communicate– and how not to miscommunicate–on a construction project.
I know that I talk a lot about communication on this blog– and with good reason. One of the number one reasons complaints turn into lawsuits against architects and engineers (and contractors, and others) is a failure of the parties to understand– really, truly understand– one another.
Check out my post, and pass it on.
Photo courtesy openclipart.org.
You are an engineer or architect. You understand the importance of thorough designs. What about thorough documentation of the daily happenings on the construction project? That is equally important.
As regular readers of this blog know, I have often spoken of the importance of proper record keeping on construction projects. In fact, lack of good project records is one of the 7 mistakes in my white paper 7 Critical Mistakes that Engineers & Architects make During Project Negotiation and Execution that Sabotage their Projects & Invite Litigation.
Now, a construction management expert, who, like me, sees the ugly when construction projects turn bad, has weighed in with perhaps the authoritative reasoning and rationale (pdf) for good project records. In short, if you need to make a claim later, or defend a claim of design errors or omissions, you need the documentation. It needs to be made during the project, and all team members must buy into the system. If you fail in these efforts, you could lose your claim or lawsuit. Hence, this post’s title. Poor record keeping can lead to the poor house, or today’s equivalent, bankruptcy, shuttering of your business, and related gloom and doom.
Paperwork is crucial during the construction lawsuit. Remember this, and plan and act accordingly.
Photo: Sampson Kempthorne workhouse design modified from Wikimedia (via cc).
Happy “Construction Safety Day” everyone! James White of Maxwell Systems, has shared with me an infographic showing all sorts of data about construction fatalities.
As you might expect, falls are the #1 source of construction-site fatalities, followed by being struck by falling objects, electrocution, and being caught between objects, in that order. Together, these “fatal four” make up 57% of all construction worker deaths.
To view the complete infographic, click here.
Thanks, James, for the sobering reminder.
If you haven’t already, check out some of the blogs on my Blogroll. These are other construction law writers from around the United States. Even if they are not writing for your jurisdiction, most of the information is relevant to readers from any state- or indeed, for readers from many other countries.
In addition to the Blogroll, you can find a plethora of well-written, topical blogs in Construction Marketing Ideas, founded by Mark Buckshon. Mark’s company is also responsible for publication of the North Carolina Construction News, which is on my “to read” list and should be on yours.
And yes, if you think I have ulterior motives, I do. This blog is one of the contestants, so if you feel so inclined to vote, please consider including this blog among your votes. (In the alphabetized list, under “C”, “Construction Law in North Carolina,” which is the 14th from the top.
You can vote for multiple blogs, and I encourage you to do so as there are many good contenders this year. The contest is open until the end of the month. Happy reading & happy voting!