Attorneys Can Bring Order From Chaos

Phoenix attorney Kevin O'Malley is actively involved in his local home builders association. His experience with builders led him to prepare a checklist that lets a builder know which items to keep in a job folder and retained in case of a dispute. While subject to change based on individual circumstances, the following represent the types of documentation a luxury home builder should retain to help defend against a construction defect claim.

• bid documents
• set of the original plans and, if available, the as-built plans
• all change orders and related materials
• all contract and subcontract documents
• applicable insurance policies, certificates of insurance and other insured endorsements
• all substantive correspondence
• general contractor's work schedule, progress notes and minutes of contractor/subcontractor meetings
• minutes of safety meetings
• any incident reports involving accidents or other significant events
• all memos by and between the general contractor and any subcontractors
• all repair order documents, hopefully including a sign-off by the homeowner indicating satisfactory completion
• all quality-control documentation, including any QC logs or inspection logs, and any photographs or video of the progress of the construction
• all correspondence or memoranda from the builder to the subs regarding any problems or issues arising during construction
• city inspection documentation
• walk-through/final acceptance documentation (try to get clear language saying the work is complete and accepted as being in substantial compliance with the plans and specifications)
• certificate of occupancy