By now, we’d hope that regular readers of this blog would understand the need for good record keeping. From keeping the project on track to getting paid, good records can be the difference between success and failure. And when disputes arise, poor records can cost you dearly.
No one in the industry would deny that good records should exist on every project. So why is it that when things go wrong, we often find the records are poor – or don’t even exist?!
In a perfect world, we would keep all the records we need to substantiate the works carried out. Programmes would be up to date, site diaries record day to day activities and minutes of meetings would outline all the relevant agreements between parties when things change. But in reality, we know this isn’t always the case.
Construction projects often run on tight margins. This means budget and resources are ploughed into the doing, rather than the recording. Take site diaries for example: In theory, site managers and project managers should keep a record of everything that happens each day. This includes information on the weather conditions, planned activities, what subcontractors are on site doing what, what is achieved, and so on.
Sounds fairly straightforward, doesn’t it? However, in a fast-paced project environment with many disparate activities taking place, professionals are often stretched. When your day is full of meetings, walk arounds, making decisions and managing works on the ground, finding the time to write your daily notes can be impossible.
Cost can also be a stumbling block. As technology develops and software proliferates, there are a seemingly never-ending number of tools to support better record keeping. From iPads staff can use to record notes on the go, to cameras mounted on hardhats. But someone has to cover the cost of these overheads, both in capital terms and in training and development for teams.
Nevertheless, whether you find yourself time or cash poor, we’d argue that investment up front may save you in the long term. Make sure you allocate time for staff to update and maintain records. Consider dedicating a resource to record keeping. Otherwise, try and agree what technology might be helpful at the start of a project and how the associated costs might be split. If you can, make allowances for these additional costs in your prelims. Remember, there may be additional costs to train staff if using new technology.
We’ve established that we need comprehensive records of what happens on site. And you’ve agreed on the methodology and technology to keep these records. But what exactly do you need to record? Solicitors Womble Bond Dickinson have some helpful advice in this article.
It can be tempting to record everything and anything. More records must equal better records, right?
Not always, and especially not if badly organised. Establish a protocol of what and how things need to be recorded. This makes it easier for you to find the records you need at a later date. Even better, a well-managed database might make it easier still.
Those of us who regularly deal with disputes will all have horror stories of projects with thousands upon thousands of records. Often there is little understanding of what they are recording, where or when. Hours and hours can be spent trying to establish what records exist and are of any use. Those hours can be expensive and in some of the worst cases we’ve seen, records can contradict each other.
The best records are contemporaneous. Made at the point of time in which the works took place. That’s why we spoke earlier of the importance of site manager’s diaries. Back in the ‘good old days’, the Clerk of Works was a great source of information. Disputes can arise months and even years after completion of the works. Much of the team may have moved on to new projects and memories will be hazy. A site diary which made a note at the time of what was happening on site will be far more useful than the recollection of someone who has long moved on from the project. Remember, there may also be requirements in the contract for how long records must be kept.
A good site diary should explain what’s happening on site day to day. Explain what was in the programme and what was achieved. What the weather was like and anything else that might have impacted progress that day. If works weren’t achieved, then explain why.
Progress photos are also incredibly helpful, particularly when they take the same photo every week in the same place. Keep them consistent and date stamped. There is no need to invest in fancy tech (unless you want to). A simple digital camera, phone or tablet will do the job. But if you had the resources, you could use drones, timelapse cameras or hardhat cameras. Be careful though – zoomed in shots of isolated pieces of work and details are not particularly helpful on their own. Be sure to take wide shots that show the location and overall progress. Consider the purpose of recording information.
Make sure programmes and drawings are up to date and that everyone has access to the latest versions. It is not uncommon to find a subcontractor on site working to outdated drawings and this can cause major problems if things have changed.
Certificates and QA documents help, particularly when they need signing off for work completion. Labour allocation sheets for contractors and sub-contractors are also helpful. Make sure they note the work actually completed. We’ve seen examples where a joiner was on site fixing the work of other subbies, but there was no record of what he was actually working on. In those cases, it can be difficult to allocate costs correctly.
Ultimately, think about how and why you might need to use records when you are creating them. Claims and disputes can be expensive, but can sometimes be avoided when the right records are in place. Construction solicitor, Hannah Mycock-Overall has some helpful advice in this article.
Agree what will be recorded, by who and when at the outset of the project. Make allowances in your budgets for this to happen and don’t take the kitchen sink approach. If you follow these tips, you should find yourself in a strong position should problems arise. But if you do need further support, get in touch with our team.
This article is based on the Overford Podcast episode on the same subject. You can listen to the full podcast.
