I once had a rather abrasive (okay, mean) driver’s education teacher. He had to drive around all day, risking life and limb, with student drivers who had no clue what they were doing. I think that would make anyone a little abrasive, so really, I don’t find fault. However, one tip that he taught me was truly one of those “tips you remember”. He told all his students that, no matter what else they took away from his class, they should imagine that he was always hovering at their shoulder, and they should drive accordingly.
How does my drivers’ education teacher relate to construction law issues?
Just like my driver’s ed teacher’s tip for safe driving, today’s Tip is a simple one. Indeed, perhaps you might even find it a bit silly. But picture your attorney (and you do have one, right?) hovering over your shoulder when you go about the business of your work.
Should I really write that offensive reply email while I’m so hot I could scream? Will this one day be used against me in a court of law? Did I make sure to have a written contract before we started this project? What should I do to avoid that costly mistake, and get that attorney off my shoulder? If I set up documentation systems now, at the start of the project, and follow them consistently, will the attorney knock off the nagging? You get the picture. Plan for the worst and hope for the best, as they say.
No one plans to be in a lawsuit. But it happens. Make sure that if it happens to you, you have the best chance of a favorable outcome.
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Photo “Shoulder cat sitting” by Oceanic (Drew Robinson) via Flickr/Creative Commons License.
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