“From Claim to Courtroom: How Documentation Shapes Construction Disputes”
Swift Currie attorney Taylor Orgeron authored an article for Construction Executive discussing why thorough documentation matters from the moment a claim is received or a potential claim becomes apparent.
Orgeron emphasized that prompt property inspections and proper photo documentation are essential once a claim arises. Early inspections preserve evidence of the property's condition, support defenses like failure to mitigate damages, keep repair costs down, and separate valid claims from inflated ones. Photos and videos establish a clear baseline and, in court or arbitration, are more effective than written reports alone.
“It is much easier to litigate a case when you have all of the documents you need at the start,” said Orgeron. “Documentation will not prevent every lawsuit, but in cases where liability is genuinely disputed or litigation is foreseeable, good documentation can dramatically narrow the issues, limit exposure and make resolution far easier.”
To view the full article, you may click here.
