Many people have sent an emotional, ill-conceived email without considering the consequences. It is important for any construction professional to recognize that his communications are discoverable and can – and likely will – be seen by others if a project ends in litigation. With this in mind, here are five common-sense risk management practices that you can implement to minimize risk and enhance client satisfaction.
First, communicate frequently with your clients. Few clients will complain about too many communications from their consultant. Schedule regular meetings with your client. These meetings can help identify potential problems before they become serious and help to avoid problems, disputes, or litigation. At these meetings, ask the client for their view on how the project is proceeding and whether they have any concerns about your firm or services. If they raise concerns, address them immediately.
Second, documenting meetings and communications is key. Without documentation, even frequent communications will not assist you in the event of a claim. A solid written record can be extremely important in the event of a claim since it can be used to refresh memories, remember key details and provide an independent, credible record of events. A good practice is to document communications through standardized forms and enforce company policies regarding documentation. For example, require notes for telephone calls when anything substantive is discussed. In addition, take notes at all meetings. Record the date, time and location of the meeting, the participants, what is said and by whom. Follow the same procedure for meeting minutes, but distribute the minutes to all parties soon after the meeting. When sending the minutes, ask for comments or corrections.
In addition, when recording meeting minutes, the best practice is to go beyond simply recording what was discussed. Address unresolved issues from previous meetings, requests for information, work quality, the status of any change orders and payment status. Also, make note of any decisions that are made and those persons/entities that agree. Keep in mind that if you do not record these facts, they may later be subject to dispute in litigation.
Third, you should always record when a client gives a verbal approval or oral instructions relating to a project. When this occurs, send the client an email or letter confirming the instruction. A simple letter along the lines of: “I am writing to confirm our discussion today that you approved XYZ” will suffice. While this may seem awkward, written confirmation can be vital if you face a claim.
Fourth, train your employees regarding responsible use of emails. The best practice is to write emails with the same formality that you would write a business letter. Keep in mind that emails are discoverable and will usually be requested during litigation. Avoid informal language, off-color remarks, and jokes or slang since this language can later be used to make you appear unprofessional, unlikeable or incompetent. Additionally, refrain from sending texts relating to any substantive issues on a project. If it is a substantive issue, address it by email or mail.
Fifth, do not post anything on your firm’s social media accounts about projects or clients unless the post is consistent with your contract with the client. Many contracts preclude your firm from discussing a client’s project or require joint approval for press releases and the like. Ensure that your employees and co-workers follow your firm’s policy for their personal accounts.
If you have any questions regarding communications strategies, we would be glad to help you. The attorneys of Gibbes Burton are passionate about helping professionals and businesses to minimize risk and build success.