What Does a Construction Project Really Produce?

Saying that it produces “buildings” or “roads” is correct—but that’s a bit too literal. In truth, a construction project also produces something far less glamorous yet incredibly important: paper. A mountain of documents. And, most crucially, evidence.

There are many angles from which to view a construction project—schedules, cash flows, logistics, community relations… but one thing is certain: it all interconnects. You can’t close the books on a project without knowing the progress on site. You can’t plan material deliveries without forecasting work stages. And you certainly can’t pour concrete in the quiet of the night without explaining to local residents that interrupting the process is like trying to stick a new piece of dough onto an already risen one—it just won’t hold. (Believe it or not, someone once really explained it exactly that way—and it worked.)

Given my professional background, I see construction through a slightly different lens—that of potential conflicts. And no, it’s not about stirring up panic; it’s about prevention. As the ancient Romans used to say, “If you want peace, prepare for war.”

That’s why, alongside pours, welds, and roofing, you need to build… documentation. A protective paper shield. Why? So that when the need arises, you’ve got something to fall back on. I recall a time when an opposing party alleged that my client wasn’t handing over the design documentation. I ended up at the proverbial battleground only to hear the site manager proclaim, “But I did pass it on!” (with some choice colorful language expressing just how taken aback he was by those inaccurate allegations).

Some work literally disappears from view. Before that happens, it can be captured—by photographs, expert reports, a protocol drawn up with a bailiff and a specially appointed expert; or for those who believe in swift proceedings, even a court-sanctioned preservation of evidence. Anything that can serve as a touchstone should the matter one day ignite a dispute.

Think of well-maintained documentation like a game of chess—you can’t win without a strategy and the proper placement of your pieces. When correspondence and project records—claims, notices, confirmations, protocols, etc.—are properly archived, they significantly ease the resolution of any future disputes.

After all, human memory is fleeting, projects conclude, and litigation—unfortunately—can drag on for years. It’s wise to have more than just gentleman’s agreements on record.

Quite often, when the opposing side notices that “the project is exceptionally well-documented by the other party,” they decide it might be best to either back down or settle the matter.

And let’s face it: when documentation is in order, a lawyer isn’t just an effective advocate—they become the very custodian of the project’s memory.

In the end, the greatest victory isn’t winning in court or arbitration—it’s avoiding the dispute altogether. A project that’s “well-papered” can truly help in that regard.

If you’d like to discuss how to prepare your construction project for any (knock-on) disputes—or simply how to document it properly—feel free to reach out. It’s always better to prevent the chaos than to be scrambling for “paper” in a panic.