Our discussion of how personal devices can become problematic during the discovery phase of litigation is a perfect example of the necessity of the development and implementation of a Record Retention and Destruction policy.  With today’s vast electronic capabilities, contractors have the ability to retain every document, every email, every drawing, every text message, etc. regarding their projects.  However, retaining all these records is not only expensive and arduous but could also open up your company to potential legal liability.

The way to strike an appropriate balance is to draft and implement a Record Retention and Destruction Policy applicable to your business.  Such a policy will need to incorporate archival periods for various documents and records, with particular attention to relevant federal, state, and local laws which proscribe various retention periods for different records.  Moreover, the policy will need to work with your business operations in order to insure that that the policy is utilized by all employees on all types of records.  The development and use of a Record Retention and Destruction policy will thereby enable your company to be in compliance with relevant laws, manage data storage, and limit your legal liability.

Moreover, in the unfortunate event that your company is involved in litigation, an enforced and followed Record Retention and Destruction policy will significantly lessen your costs – your records will already be organized and easily located, thereby making responses to discovery as well as the provision of documents to your attorney a much more simple and efficient process.

The construction attorneys at Manion Stigger can help you develop a Record Retention and Destruction policy as well as assure that your procedures are in compliance with the relevant law.  Contact one of our experienced construction attorneys today.