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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
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