Masonry Magazine December 1984 Page. 17
PROJECT DOCUMENTATION:
A Tool for Avoiding Disputes
By Irving M. Fogel, P.E.
It is indeed rare for any construction project to evolve from idea to completion without modifications being required and changes made. It seems inevitable that whenever and wherever there is a construction project, there are differences of opinion. Rarely, in projects of significance, do we see the owner acting in his own behalf or the contractor intimately involved in the day-to-day management of the project.
Larger, more complex projects are now managed by professional project managers: the owner is represented by a professional project manager and the contractor or constructor team is headed up by a professional project manager. During the design and construction of any project, all parties may make changes in staff and management. For this reason, if for no other, proper precise documentation is mandatory if disputes are to be eliminated or at least satisfactorily resolved.
To guide our project managers, Fogel & Associates, Inc. has developed checklists for the various phases in the life cycle of a construction project. Obviously, no one general checklist will fulfill the requirements of every project. The following guidelines can be used as a general outline to prepare checklists uniquely adapted to those projects with which you are involved.
Programming. Design or Pre-bid Phase
The most important information affecting the administration of a project is developed during this phase; a vague idea becomes a definite plan, and the ultimate success of the project depends completely on the soundness of the plan that is developed. It is our experience that conscientious documentation during this phase can help pinpoint discrepancies which, if not clarified, could lead to costly subsequent misunderstandings.
The following documents should be retained by the owner and the design professionals:
* Contracts between owners, design professionals and consultants.
* Planning surveys.
* Design studies.
* Budget analyses.
* Subsurface investigation reports.
* Consultants' reports.
* Construction cost estimates.
* Proposed design and construction schedules.
* Regulatory agency reports.
* Minutes of all meetings with anyone involved in the planning and design process.
* Correspondence between owners, design professionals, and consultants.
There are the documents which show how the project was originally conceived. Many also become reference materials for negotiating contracts, or for preparing a bid package and reviewing bids. Everyone should also keep copies of the:
* Invitation, notice or request for bids of proposals.
* Minutes of any meetings.
* Notes, minutes, photographs, videotapes or movies of site visits.
* Proposed schedules and sequences.
* Estimates and back-up work sheets.
* All correspondence-incoming and outgoing.
In addition, contractors who bid should develop specialized lists for the types of projects most typically bid upon. These will ensure that all the necessary information is collected, reviewed, and analyzed before the bid is submitted. Such lists would include:
* Materials takeoffs.
* Pricing of work performed.
* Telephone and written quotations from subcontractors and suppliers.
The checklist should also be designed to verify that all the requirements of the invitation or advertisement have been complied with. All of the above documents contribute to defining scope and should be retained until the project is completed and all claims are settled.
Bid or Proposal Phase
Much of the action eventually leading to claims that have potential for litigation takes place during the period when prices are solicited and contracts negotiated. This is the courting, wedding and honeymoon phase of the project. It is the period during which promises are made by all concerned in good faith. When the honeymoon is over, only good records and proper documentation will assist in extracting fulfillment or eliminate the need to pay a second time for what was "thrown in" during the negotiating sessions. In addition to the documents noted previously, the documentation covered in this phase includes, but is not limited to:
* Minutes of all scheduling meetings and copies of all proposed schedules and/or proposed sequences of construction.
* Copies of all proposed design modifications.
For bid work, it is our experience that, no matter how long a project has been in development, the bid phase is always hectic; mistakes and omissions can easily occur. It is obvious that the owner and design professional should keep a clean copy of all documents in the bid set package. It is just as important that the contractor keep an exact copy-preferably a photocopy of all papers submitted.
The Post-Bid or Post-Proposal Stage
On projects where the lowest responsible bidder gets the work, the main responsibility at this time is to collect all documents required or exchanged at the time the con-