By Albert B. Wolf Attorney at Law
Careful construction industry people (and others) may want to make the following New Year’s resolutions for 2012:
- Resolve-to make all reasonable efforts to settle disputes directly with the other party and leave your attorney alone;
- Resolve–to carefully document every event that might give rise to a claim or dispute through letters, e-mails and notes of meetings and conversations (that should be written during or immediately after the events) and with photographs, videos, etc.;
- Resolve-to consider segregating your e-mail correspondence by job and subject matter to make it accessible if the need arises;
- Resolve-to be aware that what you say in e-mails (or on Facebook. Twitter, etc.) is accessible to every junior high student and may end up as an exhibit in court or arbitration;
- Resolve-to watch out for deadlines such as completion dates, times for asserting mechanic’s liens, statutes of limitations, etc.;
- Resolve-to read every contract document carefully-to question confusing, unclear, misleading or unfavorable provisions-and not to sign until you know, understand and are satisfied with every term and provision (unless you have no choice and are willing to assume some risk);
- Resolve-to “put it in writing” using familiar and well-understood contract forms, purchase orders, authorization-for-extras and other forms designed to make responsibilities clear and avoid later hassles;
- Resolve-to alert office personnel about what to do with legal papers handed to them by deputy sheriffs, process servers or other mysterious people;
- Resolve-to alert your people about what to do if newspaper, magazine, radio or television reporters start asking questions or poking around (say “no comment” but with other words meaning the same);
- Resolve-to communicate, write Ietters, answer letters-and write the last letter on the particular subject;
- Resolve-to read the dispute provisions of your contracts and know what to do and when if a dispute arise that cannot he settled amicably;
- Resolve-to give your lawyer the full story, complete documentation and as much legwork and assistance as possible to avoid added legal problems and greater expense;
- Resolve-to check up on your company’s insurance coverages to make sure that you understand them and that they are adequt1e. Ask your insurance professional to explain the insurance company gobbledygook in plain English;
- Resolve-to make sure that if your company is a sole proprietorship, you have a proper trade name on file; if it is a corporation, make sure that you have filed the proper papers and reports with the Secretary of State; or, if it is a partnership, limited liability company or other entity, that you have complied with all legal filing requirements;
- Resolve-if you are a corporation, limited-liability company or other such entity, to use Corp., Inc., LLC or other appropriate designation on your letterhead, contracts and other identification;
- Resolve-to maintain good files and records, particularly when you expect problems;
- Resolve-if you are a corporation or other legal entity, to have annual meetings of shareholders, directors, members, etc. as required and keep minutes of those and other corporate meetings;
- Resolve-to consider having an annual checkup of fiscal, accounting, credit, legal, insurance and other business matters;
- Resolve-to be kind to your lawyer: he or she may be a grandparent.
Happy New Year!
Albert B. Wolf is a principal in the Denver law firm of Wolf Slatkin &Madison PC. This column was written with the intent of providing general legal information intended to be reasonably accurate although not comprehensive. Readers are therefore urged to consult their attorneys for any specific legal advice they may desire concerning the subject matter of this column.