Do you know how to maintain and prepare a proper and complete job file? Although the term 'papering the file' is often associated with increased documentation efforts in preparation for litigation after a job has gone bad, it shouldn't be. Effective communication and accurate recordation of those communications can keep the parties - and the project - on course and out of litigation. Should an irreconcilable dispute nevertheless arise, thorough project documentation facilitates the efficient resolution of that dispute.
This information will help you to not only recognize the significance of various project documents, but also the true importance of the information recorded. The topic will also explain what to document, when and how to record it, and who should take responsibility for preparing various project files. This information will arm you with vital information on how to prepare and maintain a proper and complete job file.
Agenda
The Parties' Expectations
- Promotional Material
- Proposals
- Contracts
Submittals
- Required Submittals
- Other Submittals
- Action Taken on Submittals
Project Meetings
- Meeting Minutes
- Clarifications or Corrections
- Distribution
Change Orders
- Preparation
- Negotiation
- Execution
Pay Applications and Other Certifications
- Applications for Payment
- Certificate of Completion
- Lien Documents
Other Communications
- Requests for Information
- Telephone
- Letters
Speakers
Clark T. Thiel, Esq., AIA,
Pillsbury Winthrop Shaw Pittman LLP- Partner with the law firm Pillsbury Winthrop Shaw Pittman LLP and chair of its construction practice group and member of the firm’s Insurance Recovery & Advisory practice, named by Law360 as a practice group of the year in 2015 and 2016
- Registered architect in multiple states; licensed contractor in California
- Advises and represents owners, developers, and contractors in the drafting and negotiation of design, construction and insurance agreements, and compliance with jurisdictional requirements for the performance of construction and design services
- Provides advice and counselling with regard to troubled projects in the areas of cost overruns, delay and acceleration claims, construction defects, design liability, and insurance recovery
- Represents public and private owners, developers, design professionals, general contractors and subcontractors in the resolution of disputes through litigation, arbitration and mediation
- Can be contacted at 415-983-1031 or clark.thiel@pillsburylaw.com
Aaron R. Gruber, Esq., P.E.,
Ralls, Gruber & Niece LLP- Attorney with Ralls, Gruber & Niece LLP, specializing in construction contracts and disputes
- Licensed as a California registered professional engineer
- Focuses in construction claims including issues related to claims delays and acceleration, cost overruns, mechanics liens, stop notices, construction defects and design liability, drafting and negotiation of construction and design agreements, and compliance with jurisdictional requirements for the performance of construction and design services
- Member of the American Bar Association Forum on the Construction Industry and the ACE Mentor Program
- Frequent writer and speaker on legal topics in the construction industry
- Adjunct professor at San Francisco State University
- J.D. degree, University of California, Hastings College of Law; M.S. degree, California State University, Long Beach; B.S. degree, California Polytechnic State University, San Luis Obispo
- Can be contacted at 650-445-0543 or agruber@rallsgruber.com