Legal Ramifictions of email correspon...

Log Out | Topics | Search Moderators | Register | Edit Profile

Author Message Anonymous   Posted on Thursday, July 06, 2006 - 03:41 pm:    Has this been hashed out on 4specs? Are there any recommended articles in the Specifier or Arch Record that would be good to read? Current discussion in our office about this, and I would like to be able to contribute something meaningful. Any help greatly appreciated. Brett M. Wilbur CSI, CCS, AIA Senior Member Username: brett Post Number: 126 Registered: 12-2004 Posted on Thursday, July 06, 2006 - 04:21 pm:    Describe what type of email you are talking about. Transimittals, submittals, CCD, CO, Minor Changes, RFI's???? Need mo info Anne Whitacre, FCSI CCS Senior Member Username: awhitacre Post Number: 360 Registered: 07-2002 Posted on Thursday, July 06, 2006 - 04:29 pm:    whatever you're discussing in your office, it will need to be backed up by an "electronic documents" policy in the office. this would be concerned with such matters as retention of email; retention of electronic instructions from the owner; the transmittal of electronic files and the determination of which documents are the "legal" documents when faced with a discrepancy between the hard (printed) copy and the electronic copy. the reality is that for many types of transactions, the industry considers the electronic document to be as binding as a hard copy. We went through some of this same discussion 20 years ago with the implementation of fax documents, but there have often been storage problems with faxed data (ie, the light sensitive paper is a problem with the early ones). in short, no matter what you do, you need to address all the possible electronic uses. Our office has conducted out of town projects almost entirely electronically, while still legally assuming that the printed documents are the "real" ones. However, for all other things, including RFI and other changes, we do the work electronically. only the pay requests are still signed "in person". And, you need to see if your state has any regulations: some jurisdictions still require a "wet seal" on their documents, not an electronic stamp. George A. Everding, AIA, CSI, CCS, CCCA Senior Member Username: geverding Post Number: 184 Registered: 11-2004 Posted on Thursday, July 06, 2006 - 04:35 pm:    Well, the PRM is pretty clear on it. "The use of electronic communication....includes faxes, electronic mail, digital photos, project websites, text messaging, and voicemail. When electronic communications are integrated into a project, it is important to establish the following: • Rules that clearly identify an official communication • Types of communication that will be legally binding • How distribution to other parties will be handled • Record-keeping procedures. Most electronic communication is traceable and can be re-created. When a communication is created and the user hits the send button, whether it is a fax or an e-mail message, it becomes a matter of record." (PRM 7.2.10.2...there's more following you should read) Haven't there been enough all-too-public lawsuits recently where emails were damning to the defendants? Anyone in your office should be convinced that email is as real as snail mail. Russ Hinkle, AIA, CCS Senior Member Username: rhinkle Post Number: 6 Registered: 02-2006 Posted on Friday, July 07, 2006 - 08:42 am:    I attended a seminar put on by attorneys that specialize in construction issues. Basically electronic emails are no different than paper. Problems occur when offices do not archive and file electronic documents properly. We also tend to not be as professional as we should with email and can be rather careless with what we say. Exchanging documents that can be modified easily is also a problem. e.g. send pdf's rather than Word.doc documents. I have been through an office transition to get as many documents electronic as possible and it really did reduce the amount of 8 1/2 x 11 paper. We even went to two monitors so you can have more electronic docs in front of you. Ron Beard CCS Senior Member Username: rm_beard_ccs Post Number: 138 Registered: 10-2002 Posted on Friday, July 07, 2006 - 03:51 pm:    Russ: <<archive and file electronic documents properly>> Did the attorney define "properly" within the context of electronic documents and did he provide details as this should be done? Ron PS: Back when I was using a dailup internet service, I always used two computers so I could keep working while files came up. Now I always use two, sometimes three, computers by keeping my old computer [usually not worth much anyway] when I upgrade. It works great when you are working on a project and a call comes in re: another project or you have to consult with 4specs.com about a product/mfr. Russ Hinkle, AIA, CCS Senior Member Username: rhinkle Post Number: 7 Registered: 02-2006 Posted on Friday, July 07, 2006 - 04:16 pm:    Ron, The seminar was at least two years ago and I only remember the basic concepts. It was a rather unique seminar as it was put on by a law firm geared towards A/E firms. He only defined proper in the generic terms if my memory serves me. The firm I was with had a custom routine for archiving emails in the project files which was great for going back and searching. It eliminated the need to print every email and stick it in the paper file. However, getting the staff to over come their "need" to print was difficult.