On April 19, 2017, construction law attorneys and former engineers, A.J. Manion, Jean M. Terry, and Daniel E. Fuchs will present a seminar entitled “Best Practices for Managing Construction Documentation” at the Kentucky Society of Professional Engineers’ Annual Convention. The presentation will discuss the maintenance of construction project files, the protection of confidential information, and best practices in the use of electronic communications on construction sites.
Written communications are necessary to any well managed construction project. Often, our thoughts and intentions are communicated electronically, either through email or text messages. The purpose of written communications are twofold – to clearly express the position taken to the recipient and to create a record of the position taken. To a lawyer, the record created is a potential exhibit in any litigation. The process of discovery (and e-discovery) will prod and probe a construction professional’s files. Every document and record, including electronic records, may be used as potential exhibits. Recently, the focus of such discovery has been on electronic data, including emails and text messages, as these convenient communication techniques provide a treasure trove of information. While the gathering of this electronic documentation can be daunting in and of itself, the issue can become even more complicated if an employee utilized a personal email account or cell phone to transmit information about the project. As a result, these personal accounts and devices will become subject to a discovery request, and lawyers can achieve unfettered access to the personal communications of an employee.
The 2017 KSPE Annual Convention will be held April 19-21, 2017 at the Cincinnati Marriott at RiverCenter in Covington, Kentucky. To register, please call 502-695-5680.