Best Practices Construction Law

Best Practices Construction Law

Best Practices Resources

Matt has written articles and given presentations on all aspects of construction law. Find a resource here.

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Best Practices top posts include claims preparation, contract drafting, and litigation pitfalls. You don’t want to miss these ones.

Matthew DeVries

Matt is a construction & litigation attorney at Burr & Forman LLP and father of seven young kids.

Category Archives: Document Management

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Top 20 Contract Issues for Contractors and Subcontractors (Part 4)

Posted in Contract Docs, Document Management, Project Management
You probably thought you would never see the finish line to this series of posts on the Top 20 contract issues for contractors and subcontractors.  Well, here we are, at the finish line. In this final part of the four-part series, I share the last few areas of concern for contractors and subcontractors when reviewing… Continue Reading

Top 20 Contract Issues for Contractors and Subcontractors (Part 3)

Posted in Contract Docs, Document Management, Project Management
My friend Melissa Brumback of Construction Law in North Carolina said that my post yesterday on construction contract issues was SCARY (…although I think she only wanted a shout-out…).  In any event, I am glad that I am receiving good feedback on my list of Top 20 Contract Issues.  In this third part of a… Continue Reading

Contractors, How Long Should You Keep Your Tax (and Project) Records?

Posted in Best Practices, Claims and Disputes, Document Management
I received an alert from my friends at KraftCPAs yesterday with the following subject line: "How long should your keep you tax records?" The post by Morganne Keel contains some very basic, succinct and easy-to-implement ideas for document retention of tax records, including the following: _________________________________________________________________ Individual taxpayers Keep at least three years, but six year… Continue Reading

The Four Stages of Documentation on a Construction Project

Posted in Document Management
Last week, I was in Las Vegas speaking at the AGC National Convention and attending CONEXPO / CON-AGG, an international tradeshow featuring more than 2,000 exhibitors showcasing the latest in construction equipment, technologies and services.  Later this week, I will share some thoughts about the tradeshow, including some of my favorite exhibits. In the meantime,… Continue Reading

Digital Signatures in Construction Contracts: Are They As Good As the Real Thing?

Posted in Document Management, Legal Trends, Project Management, Technology
A few months ago, I did a webinar on project documentation.  At the end of the webinar, one of the participants asked, Are digital signatures as good as hard copy signatures? I addressed this exact question in a feature article that I wrote for ABC’s Construction Executive magazine on the paperless construction project.  In the… Continue Reading

Paper to Paperless on the Modern Construction Project

Posted in Document Management, Technology
In a recent article that I wrote for ABC’s Construction Executive magazine, I shared some experiences and lessons learned from a paperless project.  The construction industry needs to consider that “paperless” involves more than simply a different form of documentation, but also a debate about whether the benefits of a paperless endeavor outweigh the upfront… Continue Reading

Hot Air Balloons: The Sky’s the Limit in Construction Contracting and Project Management

Posted in Claims and Disputes, Contract Docs, Document Management, Indian Construction, New Mexico, Project Management
There is a lot of hot air in Albuquerque, New Mexico this week. And it's not because I was in town ... it's because of the Albuquerque International Hot Air Balloon Fiesta. This post is about some lessons learned in project management on Indian projects.… Continue Reading

Best Practices Protocol: Implementing Successful Strategies in Your Construction Projects

Posted in Best Practices, Document Management
I am involved in the ABA Forum on the Construction Industry’s initiatives to bring various social media to the forefront of our group’s marketing and development activities. This past week, leadership asked us to develop and draft a “best practices protocol” for our work on this issue. After reviewing our charge, I am more and… Continue Reading

The Top Three Causes of Disputes on a Construction Project

Posted in Claims and Disputes, Contract Docs, Document Management, Human Resources, Project Management, Scheduling
Earlier this week, I was talking with fellow attorney who does not practice construction law.  At one point in our conversation, he threw out a goocher of a question: "I know this is a hard question, but what do you think causes most of the disputes on a construction project?  I am sure there could be plenty… Continue Reading

Best Practices for Construction Documentation and Record Management Webinar

Posted in Best Practices, Document Management, Project Management
Although I am out of town this week preparing for a trial, I promised a few attendees that I would share with them my webinar presentation last month.  If nothing else, the first slides are entertaining.  Let me know if you have any questions and I will chat with you on the other side. Best Practices:… Continue Reading

Lien Law: Using a Template to Gather Information to Pursue Your Claim

Posted in Best Practices, Document Management
One of my favorite leadership gurus, Michael Hyatt (CEO of Thomas Nelson Publishing) posted a few good recommendations a couple months ago about using templates for greater efficiency.  Michael wrote: For years, I have used the concept of “templating” to improve my productivity. The idea is that you create a template for any task that you find yourself doing… Continue Reading

The Problem with Words: They Can LEED to Miscommunication

Posted in Best Practices, Building Information Modeling, Claims and Disputes, Contract Docs, Document Management, LEED, Legal Trends
I have my Google reader set to search various blogs, news sites, and Twitter feeds to help me keep current with the latest trends in the construction industry.  There remains one major problem: the words we use have different meanings for everyone.   Take, for example, my search of Twitter feeds (above) for Building Information Modeling (BIM).  If you were to do the… Continue Reading

Your Questions Answered: Best Practices for Project Documentation

Posted in Best Practices, Document Management, Project Management
At the end of yesterday’s webinar on Construction Documentation and Record Management, I was overwhelmed with so many good questions. Due to time constraints, I did not get a chance to answer them all.  However, I promised to follow up on your inquiries … below are some of your questions. How long should project related documents be retained? Why… Continue Reading

Before and After: Top Three Reasons to Keep Good Records

Posted in Claims and Disputes, Document Management, Project Management
The "before" picture often magnifies the significance of the "after" picture.  In other words, if you had only seen the "after" picture below, then you may think, Wow! How did that crane find its way into that nice pool of water? Perhaps it somehow fell into the water? Now check out the "before" pictures … which tell you… Continue Reading

Construction Management Tip: Fix Problem Now, Point Finger Later

Posted in Claims and Disputes, Document Management, Project Management
When my kids break something in the house, they immediately begin pointing the finger at the "alleged" responsible actor.  In the construction world, many times you will need to fix the problem first and then point the finger later.  I read an article today by Jack Broom in the Seattle Times that illustrates this point.  The incident involved two… Continue Reading