Thursday, June 26, 2008

Site Inspections

Site inspections are used extensively in construction cases. This is both during construction and sometime thereafter if there is a dispute.

If you have a dispute with your customer, and you have not taken pictures or some other means of verifying that the work you had done was done correctly, then a site inspection is appropriate. We suggest that you photograph your work during construction so that you can verify what you did.

That is to say that the parties and the trier of fact, the one making the decision as to whether the work was done appropriately, visit the site and argue over whether the work was done correctly or not. Unfortunately, quite often, either in arbitration or litigation, you may not have the opportunity to conduct a site inspection and therefore, would have very little proof that the work you did was done correctly.

Therefore, we suggest that any time you get involved in a dispute and are going to someone to determine whether the work that you did was done correctly, you should demand that a site inspection be part of the determination of the dispute. You should do this early on so that you can demand a site inspection early.

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