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.
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"