During the construction process, contractors must navigate a complex web of regulations, contracts and potential liabilities. One of the most challenging aspects they face is the risk of construction defect claims.
These claims can be costly, time-consuming and harmful to the reputation of a contractor. However, there is a tool that can reduce this risk: proper documentation. If you are a contractor, can your documentation practices help you fight a construction defect claim?
Why proper documentation matters
Proper documentation can be a defense option against construction defect claims. It can detail all the decisions made during the construction process. In addition, these are other reasons why proper documentation is key:
- Provides evidence: It can serve as evidence to refute the allegations and show that the contractor complied with the construction plans, building codes and industry standards.
- Facilitates communication: Good documentation can also facilitate communication among the contractor, subcontractors and the owner. It can help to clarify duties, resolve disputes and prevent conflicts.
- Supports claims for payment: Also, it can support a contractor’s claim for payment. It can provide proof of the work performed, the materials supplied and the costs incurred.
Meanwhile, a contractor can enhance their documentation process by being thorough and accurate. This means they should document all aspects of the construction process and ensure that all documentation is correct and current. Further, they must organize their documentation so that they can locate and produce the relevant records quickly if the need arises.
Protecting yourself and your business
Proper documentation is a necessity, especially in the face of construction claims and lawsuits. Since navigating the legal process can be challenging, seeking an advocate may guide and support you if you face a construction defect claim. Further, legal guidance may clarify your rights and potential remedies as you seek to protect yourself and your business.