Construction is a team sport, but you can play nice while still preserving your contractual rights. In every construction project, changes happen and disagreements arise. The trouble comes when during formal dispute resolution months (or years) later, the parties argue about the basic facts of what the issue was, what was authorized, who knew, and whether notice was given. In formal dispute resolution, the most compelling evidence is the contemporaneous, factual documentation in the project record, but many fail to document these issues for fear of harming the relationship with the owner, general contractor, or subcontractor. This article provides practical guidance on how to document changes and potential claims in a way that preserves relationships and avoids escalation during the project itself.
Here’s how to document changes (or your disagreement) to preserve your contract rights and ability to make a claim later, without jeopardizing the working relationship during construction.
1. Use Daily Reports as Quiet Insurance
Daily reports are often viewed as routine paperwork, but in post-construction disputes, they are gold. A good daily report does three things:
- Records facts, not opinions. Note the who, what, when, and where — not who’s to blame.
- Shows awareness, not accusation. For example, “Owner’s representative directed relocation of conduit to south wall to coordinate with new ceiling layout,” is better than “Owner’s change caused delay.”
- Links cause and effect without argument. When possible, connect the event to resources or time — e.g., “Crew reassigned from Level 4 to Level 3; electrical rough-in delayed one day pending revised layout.”
Clearly written contemporaneous project records carry significant evidentiary weight. Judges, arbitrators, and juries tend to trust real-time, neutral descriptions more than reconstructed explanations offered years later.
Encourage foremen and superintendents to treat daily reports as objective logs, not advocacy tools. Neutral language today protects credibility tomorrow.
2. Write Emails Like They’ll Be Read by a Jury (Because They Might Be)
Email is the lifeblood of modern construction. In formal dispute resolution, your emails will be reviewed and used by opposing attorneys who do not know you or the context in which the email was written. They could be key evidence relied on by the judge, arbitrator, or jury. A few habits can preserve your position without creating friction:
- Use neutral, factual phrasing. Instead of “You’re changing the design again,” try “Please confirm whether the revised sketch replaces Detail 5/A5.3.”
- Acknowledge direction clearly. If the owner’s rep or architect issues verbal instructions, confirm them in writing the same day. A short note like “Per our conversation, we will proceed with relocating the fixtures per your direction” documents authority without sounding confrontational.
- Avoid sarcasm or frustration. Assume anything you write could appear on a courtroom screen. Stay professional and polite.
- Add context. When drafting emails, keep in mind that you may want or need to refer back to this years later. Do your future self a favor and add a little context. When responding to complex email chains, summarize key points at the top: “To confirm our understanding…” followed by bullet points.
Remember: clarity is not conflict. A well-drafted confirmation email signals professionalism, not aggression.
3. Field Directives: Confirm, Don’t Argue
On active jobsites, not every change can wait for a formal written change order. Field directives — verbal or short written instructions to “keep working” — are common. The key is to document direction while preserving the right to compensation or time.
Best practices include:
- Confirm scope and source of authority. “Proceeding per field directive from Architect Smith to install alternate window flashing detail (per sketch SK-14).”
- Reserve your rights gracefully. Use neutral reservation language: “We will proceed as directed pending confirmation of any cost and schedule impacts.” This is both professional and protective.
- Follow up through proper channels. Even if you act immediately, submit a change notification or request for information (RFI) referencing the directive within the contract’s notice period.
Depending on the contract at issue, Washington law can require contractors to strictly comply with their contractual notice requirements. A short, well-timed email or RFI can preserve thousands of dollars in claims.
4. Stay Professional — Tone Matters as Much as Substance
Documenting changes is not just about recordkeeping; it’s about maintaining trust. Owners and architects are far more receptive to written confirmations framed as cooperation rather than confrontation.
Try these tone-shifting phrases:
- “To ensure alignment…” instead of “Per our disagreement…”
- “For tracking purposes…” instead of “As evidence of delay…”
- “Pending further direction…” instead of “Until you make up your mind…”
The best project teams communicate frequently and professionally. A clear written record is not an accusation — it’s a shared memory of the project as it unfolded.
5. Good Records Lead to Fewer Disputes
The payoff for disciplined documentation is twofold. First, it reduces disputes during the job — when everyone can still solve problems. Second, if claims arise later, your records demonstrate notice, transparency, and professionalism.
Contemporaneous documentation is often the deciding factor in close cases. And a contractor who can show consistent, factual, and respectful records almost always holds the credibility advantage.
Final Takeaway
Changes are inevitable. Disputes are not. By documenting clearly, calmly, and consistently, contractors protect their rights and preserve relationships. In the world of construction, professionalism on paper is just as important as craftsmanship in the field.