Electronic Discovery Issues – An Emerging Challenge
Discovery (Electronic discovery),Documentation,Electronic Discovery,Electronic Media
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It is becoming increasingly commonplace for businesses to conduct complex transactions electronically. Electronically produced documents, such as e-mail, provide companies with a fast and efficient means of communicating and discussing problems. Entire transactions are being completed without any data ever reduced to writing. Many people, however, do not realize that courts commonly require businesses to [...]
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Don’t Let Your E-Records Turn into Smoking Guns
Discovery (Electronic discovery),Document Retention,Documentation,Electronic Media
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Companies have good reasons to preserve e-mail and other electronic records for a specific period. And also good reasons to destroy records at the end of that period. But preservation entails more than simply storing information on computers, disks and tapes—and destruction entails more than simply deleting old files. Why You Need A Policy: A [...]
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Architect Wins Entitlement to Damages, but Recovers Nothing, Because it Failed to Keep Adequate Cost Records
Additional Services,Damages,Delay,Documentation,Scope of Services
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An architect performed both design and construction administration services under its contract with a school district. When the construction contractor completed the project eight months late, the architect alleged that it was entitled to recover compensation for the additional services it was forced to perform as a result of the contractor’s delay. The school district [...]
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Documentation in the Age of Web-Based Project Management Systems
Documentation,Electronic Media,Records Retention,Web-Based Project Management
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From a risk management point of view, insurance companies should evaluate whether web-based project management systems have the potential to reduce the frequency and severity of claims on construction projects. If the use of these systems proves to be a good risk management tool, insurance companies may want to take this into consideration when underwriting [...]
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An architect proved that it was entitled to be compensated for additional services it provided as a result of the construction contractor’s delay in completing work. Due to the delay, the A/E performed extra duties such as responding to questions from subcontractors; responding to lengthy punch lists; preparing lists and information that the contractor was [...]
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Electronically Stored Information and the Law: Delete, Destroy, Go Directly to Jail!
ConstructionRisk.com Report Vol. #13, Issue #2
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Discovery,Documentation,Electronic Media
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By: Brian K. Stewart, Esq. & Robert R. Walker, Esq. – Collins Muir +Stewart, LLP. More than ten years ago when we hit the proverbial “Y2K,” individuals and organizations around the world were frantically backing up their electronic files and systems in an effort to save the computer data that was becoming so critically important [...]
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