Drafting Records Retention Policies for Construction Projects

Implementing Document Management Policies to Mitigate Risks, Reduce Costs and Minimize Discovery Challenges

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, March 29, 2011

Recorded event now available

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Program Materials

This CLE webinar will provide guidance to construction counsel for electronic document management policies and procedures during the course of a construction project. The panel will also explain strategies for preparing for construction litigation, including meeting e-discovery requirements.

Description

Parties in construction projects generate hundreds of electronic documents during the course of the project. Improper records management can result in lost documents, destruction of records the law requires companies to retain, and allegations of illegal spoliation of evidence if litigation ensues.

Complying with document management requirements is a daunting and ongoing task for construction companies and their counsel. Standards change, and companies that were once in compliance may find that they no longer are.

Construction counsel must continually monitor and evaluate whether their clients’ records management and retention policies and procedures are sufficient to mitigate risks, reduce costs and minimize discovery challenges in the event of litigation.

Listen as our authoritative panel of construction attorneys offers practical strategies for electronic documentation and records management during the course of a construction project. The panel will also discuss best practices for handling electronic information during construction litigation, including meeting e-discovery requirements.

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Outline

  1. Current trends in document management
    1. Types of electronic records involved in a typical construction project
    2. Technology/software commonly used for document management
  2. Best practices for pro-active document management
    1. Records the law requires companies to retain
    2. Records the law requires companies to destroy
    3. Records that must be retained for litigation
    4. Crafting records management and retention policies
  3. Preparing for litigation
    1. E-Discovery rules on litigation holds
    2. Data preservation
    3. Responding to discovery requests

Benefits

The panel will review these and other key questions:

  • What are the legal risks of inadequate records management—and how can parties to construction projects and their counsel avoid these pitfalls?
  • What are the critical elements of an effective document retention program?
  • What time and cost-saving measures can construction companies and counsel employ to properly preserve electronic information in the event of litigation?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Richard G. Erickson
Richard G. Erickson
Partner
Snell & Wilmer

Mr. Erickson concentrates his practice in commercial litigation. He primarily represents owners, developers,...  |  Read More

Randy Nye
Randy Nye
Senior Vice President & General Counsel
Sundt Construction

The Sundt Companies, Inc. provides general contracting, construction management, and design-build services for private...  |  Read More

Ralph Ketchum
Ralph Ketchum
Southwest Regional Manager
Austin Commercial

He is responsible for the firm’s operations in the western region, including Arizona, Colorado and California. He...  |  Read More

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