Written records are essential to ensure that a client's requirements have been noted and to defend legal claims for professional negligence. They establish a paper trail of decision making and help architects to follow logical processes. Written records are tangible evidence of an architect's thought processes in reaching decisions.
Keeping meticulous records will enhance the architect's performance and will reduce the likelihood of claims being initiated. Should the architect's performance be challenged, such records will greatly assist in the defence of claims made against the architect. See Acumen note Document retention and destruction.
All records from the time of the first contact with a client should be kept, to create and maintain a record trail related to each commission, so that the substance and sequence of decisions, references, notes and other communications can be easily retrieved.
Consideration should be given to the way in which records are to be incorporated in the project file and to their archival storage. This includes paper records (copies of correspondence, documents, drawings and faxes); audio, video and photographic records; and computer files.
Records should be kept to aid design, problem-solving and decision-making, resolve disputes and as potential evidence in arbitration and litigation, and assist with business planning, taxation and accounting.
Some tips for record keeping
- keep records objective and factual – don't get personal
- measure the contractor's performance relative to the contract, not subjectively
- state what the contractor failed to comply with rather than your opinion of the contractor
- avoid shorthand abbreviations, jargon and overly technical language
- keep records brief and to the point, as excessive detail may work to your disadvantage
- document the client's responsibility for other consultants he/she may have engaged separately and do not include their documentation with your own
- document your investigation of new, untried materials and methods, including information on warranties and fitness for purpose
- document major design decisions where the client has had input
- present the pros and cons, cost estimates and obtain written approval from the client
- always use transmittal forms and a record of briefing information given to consultants
- keep a file copy of trade literature for items incorporated in the project
- continually update cost estimates and inform the client.
Disclaimer
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