[RPPTL-constructionlaw] General Contractors Document Retention Requirements

[Chuck Young]

I would think that because of the statute of limitations on construction allowing 10 years for latent defects and the broad discovery rules and requirements to preserving documents (business records), I would try to avoid a spoliation issue down the road and hold them at least 10 years.  As for records turned over to the owner, I advise my clients to keep a copy.  Most scan them now anyway.

Chuck Y

Charles P. Young, Esq.
Board Certified in Construction Law
Emmanuel, Sheppard & Condon, P.A.
30 South Spring Street
Pensacola, Florida 32502
850-433-6581
850-429-0492 (Fax)

From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Alex Barthet
Sent: Thursday, August 25, 2011 12:28 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] General Contractors Document Retention Requirements

Blaik:

489.124 requires that all "business records" be maintained for 3 years.  A broad reading of the statute would seem to suggest that the documents you describe are "business records."

http://www.flsenate.gov/Laws/Statutes/2011/489.124

I don't know if there may be some other requirement to keep such records longer.  Good luck.

Regards,
Alex Barthet
Board Certified in Construction Law

The Barthet Firm
200 S. Biscayne Blvd., Suite 1800
Miami, Florida 33131
305-347-5290 (phone)
305-377-8695 (fax)
alex at barthet.com
www.barthet.com


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From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Kevin Schoeppel
Sent: Thursday, August 25, 2011 1:02 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] General Contractors Document Retention Requirements

Send me the answer, thanks

Kevin A. Schoeppel, Esquire
DURANT, SCHOEPPEL,
DECUNTO & RATCHFORD, P.A.
6550 St. Augustine Rd., Ste. 105
Jacksonville, FL 32217
Phone: (904) 652-2600
Fax: (904) 652-2610
Email: kschoeppel at ds-law.net<mailto:kschoeppel at ds-law.net>
Website: www.ds-law.net<http://www.ds-law.net>

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On Aug 25, 2011, at 12:50 PM, Blaik Ross wrote:

Good Afternoon All:
Issues:
1.  How long is a building contractor of a custom-design single family home obligated to retain project records? (specifically, field notes, daily logs, time sheets, RFI's, punch lists and other documents that track what, if any, were the onsite problems and supervisory controls).
Statute of repose and warranty requirements seem to set forth a blurry deadline depending on the type of record or document at issue.
2.  Is the contractor obligated to document what records, if any, were turned over to the owner at the time of the Final C.O.?

Thank you in advance to anyone who may provide some advice, cases, statutes, etc. on these questions.  Please feel free to reply to me directly if you do not wish to reply to all under the guidelines of WWAD!?!.  My email address is bross at beauchampco.com<mailto:bross at beauchampco.com>

Thanks,
Blaik Ross




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