Fixing That Mistake

Red x next to Incorrect

In the construction industry, mistakes are not uncommon. Addressing them, however, can be complicated.

October 25, 2021
Patrick Barthet - Construction Executive

Someone once said, more people could learn from their mistakes if they weren’t so busy denying that they made them in the first place.

In the construction industry, mistakes are not uncommon. Addressing them, however, can be complicated. What should a contractor do when the project owner says some aspect of the project is not satisfactorily completed or isn’t performing as it should? Should the contractor wait, hoping it may get resolved without having to do anything? Or should the contractor take on the repair or replacement as soon as practically possible?

Doing nothing may be easy but can expose the contractor to significant subsequent liability. Dealing with the issue, on the other hand, could result in the destruction of what might later be required evidence in any litigation which develops. Considered “spoliation,” such manipulation or elimination of evidence is a consequence to be avoided. Even though done with the best of intentions to fix a problem, the process can wind up exposing one to liability and damages.

Reprinted courtesy of Patrick Barthet, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.

Mr. Barthet may be contacted at pbarthet@barthet.com



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