I had a case last year in which once again I found myself thinking:  if only my client had better documented the verbal agreements, we would have had a much easier time defending his work.

I know this is often easier said than done— you are in the middle of building a project, and you get a call, and you need to keep the project moving.  No time for written change directives or a special bulletin.  And yet—it is simply amazing to me the number of people who develop “litigation amnesia” about things when a lawsuit is involved.

Your documentation system does not need to be perfect.  You can use a simple Field notebook and handwritten notations.  A text memo to yourself or, better yet, an email confirmation to the owner/contractor/whoever.

Documents that are created *during* a Project are direct evidence.  And if you end up before a jury, they’ll want to see what was said—in writing—at the time the dispute arose.

You may never need your notes.  You also may never need your fire insurance.  But it’s better to have them and not need them, then be in the position to wish you had them when you do not.

I have written about documentation systems before, and I’m sure I will write about them again.  But in the meantime, remind your staff that documentation is as much part of the job as any other act.  Develop good documentation systems.  And demand the same from your staff.

Your future self may thank you!

Your turn: do you have a solid documentation system or procedure?  Share below or email me at mbrumback@rl-law.com