Bradenton Contractor Documents Lawyer
Documents are the foundation of any construction activity in Florida. A single project can generate thousands of pages of emails, contracts, specifications, plans, change orders, shop drawings, submittals, work directives, and more. These documents are integral in ensuring all parties can communicate their expectations and indicate their intent. The law in Florida states that these documents must be properly maintained.
In the event that a contractor loses or destroys these documents prematurely, it can make it more challenging to determine the instructions and directives given to others participating in a project. It can also make it more difficult to defend against construction defect claims and payment disputes. When certain documents are not kept, the Florida Department of Business and Professional Regulation (DBPR) may take disciplinary action. Below, our Bradenton contractor documents lawyer explains what records are most important for contractors.
Important Contractor Documents in Florida
There are many important documents contractors must maintain in Florida. Those outlined under state law include:
- Business contacts
- Minutes of corporate meetings
- Insurance policies
- Telephone records
- Notices received from government agencies
- Letters of complaint
- Bank statements
- Records of accounts payable and receivable
- Canceled checks
- Loan documents
- Financial statements
- Tax returns
- Any other financial or business records a contractor maintains during the regular course of business
What is the ‘Regular Course of Business’?
One of the requirements for contractors is that they maintain all documents in the ‘regular course of business,’ so what does this mean? While the courts have not provided an actual definition for the ‘regular course of business,’ the language in the law indicates that it is a reference to all documents involved in a project. Contractors are in the construction business and so, any records relating to a project would be drafted in the regular course of business.
Additionally, if a contractor discards or destroys business records before the law allows, it can result in disciplinary actions taken against their contractor’s license. If an issue results in civil litigation, prematurely disposing of documents can also result in adverse instructions to the jury. Implementing sufficient document retention policies can ensure disciplinary actions are not taken and that the legal requirements are fulfilled.
How Long to Keep Contractor Documents?
Contractors are only required to maintain their documents for three years. However, the statute of limitations on construction projects is four years. The statute of repose is ten years. Due to this, contractors may find it more beneficial to keep the necessary documents for at least four years, and up to ten. This is easier today than it once was, as most documents are digital or electronic in nature and the practice of keeping overstuffed boxes in warehouses has largely been eliminated.
Our Contractor Documents Lawyer in Bradenton Can Help with Your Case
Whether you need documents drafted, stored, or a dispute has arisen, you need legal help. At The Cahall Law Firm PLLC, our Bradenton contractor documents lawyer can provide it. We can draft your documents to ensure they are fair and enforceable, advise on how to store the important documents listed under the law, and ensure your rights and interests are protected. Call us today or contact us online to schedule a consultation to get the legal help you need.
