RC124 MayJun 2026 - Magazine - Page 35
CONTRACT DOCUMENTS
Delay analysis begins with the contract.
Contracts allocate delay risk, establish milestones, define notice requirements, and may
stipulate compensable categories of cost such as standby or acceleration. Understanding these provisions is
essential before any analysis begins.
Equally important is tracking scope changes. Maintaining a clear and current record of change orders,
including price and schedule adjustments, is critical to understanding how the project evolved.
Not all changes follow formal processes. Informal directions by email, text, or verbal instruction are
common. Those communications must be preserved. Verbal agreements should be confirmed promptly in
writing to avoid later disputes over scope or entitlement.
PHOTOS AND VIDEOS
Photographs and video recordings provide objective, time-stamped
evidence of site conditions and progress.
Regularly scheduled photo documentation, ideally from consistent vantage points,
creates a visual record that can later be correlated with schedule impacts.
For maximum utility, visual records must be organized and searchable. Images
without context lose evidentiary value.
Increasingly, projects use drone footage and fixed cameras for ongoing monitoring.
While large volumes of visual data were once difficult to manage, advances in artificial
intelligence now allow for powerful analysis and retrieval of relevant information.
Visual evidence can clarify complex construction issues for non-technical decisionmakers and significantly enhance the persuasive impact of a delay claim.
CORRESPONDENCE
On complex projects, correspondence
often forms a significant portion of the
evidentiary record.
Emails are particularly valuable due to inherent
timestamps and conversation threads. Ideally, they
should be preserved in native format to retain metadata
and attachments. If saved as PDFs, attachments should
be separately maintained and clearly linked.
Phone calls and voicemails require prompt
documentation. Contemporaneous notes should record
key discussion points. Voicemails should be downloaded
and preserved outside automatic deletion systems.
Messaging platforms such as Teams, WhatsApp,
and iMessage increasingly contain important project
communications. While often informal, they may include
critical instructions or admissions. Preservation can be
onerous, and the effort should be proportionate to the
potential claim value.
Formal letters, particularly notices, remain crucial.
Records of transmission should be retained.
Importantly, transmittal emails accompanying key
documents can establish knowledge and timing. They
should be preserved along with attachments.
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