Joe Leone, partner with ICI member Drewry Simmons Vornehm, LLP, emphasized that credibility is a critical consideration as contractors generate and record project communication and documentation during his presentation at the March 25 ICI-Side meeting of the ICI/INDOT Statewide Joint Cooperative Committee. Leone, a Purdue University civil engineering graduate and former construction project manager prior to becoming a lawyer, explained that credible project documentation is accurate, objective, complete, uniform, consistent and timely. He stressed documenting factual and not opinionated information in documentation including (but not limited to) field notes, minutes, logs, communication, material records, photos and videos.
Leone went on to recognize that change orders and claims are a part of the construction contracting business. He emphasized familiarity with contractual notice, submittal, documentation and legal requirements in preparing for and execution of change order and claims processes. He added that contractors should become familiar with the specified or contractual process, such as “measured mile” in calculating financial and delay losses in preparing for change requests and claims submittals. Leone wrapped up his presentation stressing that contractors be cognizant of Indiana’s False Claims Act (IN Code 5-11-5.5). This act aims to protect the State from a contractor knowingly or intentionally presenting a false claim. He noted that submitting an incorrect statement to receive payment or approval would be grounds to invoke this law.
Leone’s presentation information is available here.
