data storage.jpgConstruction today is not your father’s industry. With the growing use of electronic forms of communication and document creation, the rules have changed. Businesses continue to strive for a paperless office. Now, rather than drowning in paper, however, they are drowning in email and new ways of communicating. How does a company deal with instant and text messaging systems, server-based voicemail, online storage of sensitive files such as health records, insurance claims, and financial databases, let alone emails and documents saved only on smartphones, tablets, laptops and the like?

On September 12, 2012, Cohen Seglias Partners John Greenhall and Lane Kelman presented on this topic and taught companies how to avoid the pitfalls of the information age, and better prepare for the continually changing role of technology in construction. They gave answers to questions such as: Does an email constitute adequate notice under the contract? Are electronic signatures binding? How should I keep my electronic documents? Why should I care if my project manager is saving emails on her cell phone and not the office server? The legal ramifications to how your company views electronic documentation are huge and can result in millions of dollars of losses if you are not careful. If you have questions about electronic document retention or electronic discovery, please contact us at jgreenhall@cohenseglias.com or lkelman@cohenseglias.com.

John Greenhall is a Parter at Cohen Seglias and a member of the Construction Group. His clients hail from all areas of the construction industry and include general contractors, subcontractors, architects, engineers, sureties and owners.

Lane Kelman is a Partner at Cohen Seglias and a member of the Consturction Group. He represents developers, general contractors, construction managers and the different trades in complex matters ranging from bid protests, contract negotiations and claim prevention & management.