Records Paul Reviews
| Record | What it can show |
|---|---|
| Daily reports | Manpower, trades on site, work performed, problems, weather, visitors |
| Meeting minutes | Issues raised, decisions made, responsibilities assigned |
| RFI log and responses | Questions about the documents and how they were resolved |
| Submittal log | What was submitted, approved, rejected or resubmitted |
| Change orders and directives | Changes to scope, price and time |
| Inspection and test records | What was checked, by whom and with what result |
| Photographs | Conditions before concealment and during construction |
| Correspondence | Notices, disputes and acknowledgments |
Reading Records in Context
Records are written by people under time pressure, and they vary in quality. Paul reads them in date order and in context, comparing daily reports with photographs and minutes to see whether they are consistent. A daily report that records drywall being hung in an area the photographs show was still open, for example, raises a question that needs to be addressed. He relies on records for what they show and notes where they conflict.
What Missing Records Can Mean
Gaps in documentation can be significant. If a contract required daily reports and none exist for a key period, or inspection records are missing for the area in dispute, that absence may bear on whether the contractor performed its obligations. It may also simply mean records were not produced. Paul identifies records that would normally exist on a project of that type, so counsel can determine whether they exist and were withheld, were lost, or were never created.
Documentation and Changes
Many contractor disputes are really documentation disputes about changes. Work proceeded on a verbal direction, a change order was never signed, or a field change was made without an RFI. Paul traces each disputed change through the record, identifies what documentation exists, and describes whether the handling of the change was consistent with the contract's procedures and recognized practice.
A Document Review Guide for Counsel
Early in an engagement Paul can provide counsel with a list of the records he would expect to see on the project, organized by type and period, along with suggested topics for depositions of project managers, superintendents and foremen. His observations support counsel's discovery decisions, which remain counsel's. See construction management practices and quality control responsibilities.
Photographs as Records
Construction photographs are often the best evidence of concealed work. Paul reviews them with their dates and locations where available, and notes where a photograph cannot be tied to a date or place, so that it is relied on only for what it actually shows.