An Impact Is Any Event That Interrupts
Your Planned Or Current Workflow

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WHAT IS CONTEMPORANEOUS DOCUMENTATION & WHY IS IT CRITICAL

How Long Will Your Memory Recall

Event Sequence, Timing, Details, Participant’s Names, Actions & Results Accurately

 

Short-term memory is the capacity to store a small amount of information in the mind and keep it readily available for a short period of time.

Short-term memory is essential for daily functioning, which is why experiencing short-term memory loss can be frustrating.

  • Short-term memory is very brief. When short-term memories are not rehearsed or actively maintained, they last mere seconds.
  • Short-term memory is limited. It is commonly suggested that short-term memory can hold only seven items at once, plus or minus two.

What this means is waiting until the end of a workday to prepare a daily report will most likely produce errors and gaps in descriptions and facts.  When you write or dictate your notes during events and actions should produce far more complete and accurate notes and fact recordings.

Courts and arbitrations will give far more significance to contemporaneous documentation over documentation recorded well after events are over. This is why Primavera Consultants recommends that field management carry voice recorders and a means to record photos/videos.

A general list of items to be included in daily reports is as follows:

 

*   Write for the target reader. Make complete statements, assume the reader is not familiar.  Readers can read only the words that you put there, don’t make readers guess.

*   Keep it factual.  If you add an observation or opinion, clearly marked as such to separate it from factual reporting.

*   Do not allow facts to “dangle.”  Connect facts to schedule, spec., drawing, etc.

*   Be extremely careful not to have two reports on the same day on the same subject.  This can make useless the entire statement.

*   Use these reports in job discussions and make their content important.  Make these reports living documents.

*   Be careful not to kill your report:

o   Check for Inaccuracies

o   Entries “in contemplation of litigation”

o   Self-serving statements

o   Inconsistency in maintaining records

o   “Loss” of some records

*   Carefully note impacts, add names, reference activity, and photos

*   If something was to start/take place, but did not, that is important for impacts and delays (What didn’t happen is as important as what did happen, maybe of greater importance.)

*   Never report weather without reporting the effect on the work.  If no effect, state that.

*   Once submitted and disseminated, DO NOT MODIFY (add a note on the next day), keep it contemporaneous!

It is essential, industry practice, and standard internal corporate policy for construction companies to maintain a project documentation system.  In addition to being a contract requirement in most large construction projects today, thorough and organized documentation throughout a project provides the only contemporaneous “memory” of what actually happened on the project.

 

Documentation is the foundation on which all proposals, disputes, or claims are built.  Without documentation, there is essentially no contemporaneous evidence, and, therefore, it is difficult to present a persuasive case.  Documentation is critical to resolving disputes in two ways.

 

(1) Documentation provides a contemporaneous record of what was actually happening on a project at any given time during the course of the project.

 

(2) Documentation provides a contemporaneous record of the parties positions regarding particular events at the time of the event.

 

DO NOT FAIL TO KEEP CONTEMPORANEOUS DOCUMENTATION!

 

 


"The importance of contemporaneous evidence

Contemporaneous evidence holds significant weight in legal proceedings due to its reliability and credibility. When events aredocumented or recorded immediately after they occur, there is less chance of memory distortion or manipulation. This type ofevidence is often considered more accurate and trustworthy by courts and can greatly influence the outcome of a case.
From a business owner’s perspective, maintaining contemporaneous records and documentation is essential for various reasons.Firstly, it helps establish a clear timeline of events, which can be crucial in resolving disputes or legal matters. Secondly, it provides asolid foundation for accountability and transparency within the organization. By keeping contemporaneous records, businesses candemonstrate their adherence to legal requirements, ethical standards, and best practices.

In summary, the legal definition of contemporaneous refers to events or actions that occur at the same time as another occurrence. Itis a term commonly used in legal proceedings to establish the timing and sequence of events. Contemporaneous evidence and contemporaneous recordation/documentation using Daily Field Reports or Diaries.

Legal Dictionary

Why Contemporaneous Evidence/Documentation is Crucial in Legal Proceedings and Business Operations photographs, testimonies, or documents created immediately after an event, holds great importance in legal proceedings due to itsreliability and credibility. For business owners, maintaining contemporaneous records and documentation is crucial for establishing aclear timeline, ensuring accountability, and complying with legal and ethical standards. By understanding and valuing the concept ofcontemporaneous, businesses can effectively navigate legal challenges and protect their interests"
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