[RPPTL-constructionlaw] General ContractorsDocument Retention Requirements

[Mastin, Deborah (Aviation)]

I concur with Chuck’s observations.  Once scanned, the documents could be maintained electronically on some website, rather than in a warehouse that might be damaged in a storm.  

 

Deb   

 

Deborah Bovarnick Mastin

Assistant Miami-Dade County Attorney

Florida Bar Board Certified in Construction Law  

LEED Green Associate

P.O. Box 025504

Miami, FL 33102-5504  

305.876.7040

dmastin at miami-airport.com

 

From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Chuck Young
Sent: Thursday, August 25, 2011 1:40 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] General ContractorsDocument Retention Requirements

 

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
Website: www.ds-law.net

The information in this message, and its attachments, is confidential and may also be covered by the attorney-client and attorney work product privilege. This information is intended only for the use of the individuals to whom this message is addressed. You are hereby notified that any other use, dissemination, distribution or copying of this message is strictly prohibited. Please notify the sender immediately if this message was delivered to you in error.  

 

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

 

Thanks,

Blaik Ross

 

 

 

<bcc75years.jpg>

Please join us in celebrating our 75th Anniversary in 2011.  We look forward to providing our clients with many more years of delivering the highest quality buildings in our community.
http://www.beauchampco.com

 

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