Phoenix attorney Kevin O'Malley's 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.
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)
