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The Art of the Archive: Document Retention Issues and Best Practices for Construction and Design Professionals


Level: Advanced
Runtime: 64 minutes
Recorded Date: April 24, 2018
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Agenda


  • Overview of ESI
  • The Necessity of a Written Policy
  • Keeping Records: During a Project
  • Keeping Records: After Project Completion
  • How Long to Keep Records
  • Destruction Considerations
  • Keeping Data Secure
  • Q & A
Runtime: 1 hour and 4 minutes
Recorded: April 24, 2018
For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

Document retention is a critical legal and administrative issue for construction and design firms. The basic question is simple: How long do I keep this paper/email/report/roll of plans, and what is the best method to store it? To answer this question requires knowledge of both the law and best practices in the industry. We’ll examine how to advise your construction client regarding document retention from a practical and legal perspective, and explore workable principles that you can use to help construction and design professionals manage documents with confidence.

This program was recorded on April 24th, 2018.

Provided By

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Panelists

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Patricia Forman

Associate General Counsel
Perkins+Will

Patricia I. Forman graduated from Loyola Law School, Los Angeles in 2006. She was admitted to the California State Bar that same year, as well as the US Central and Eastern District Courts. After her admission, Ms. Forman spent several years practicing transactional law and litigation in the Los Angeles area, working on large cases in civil, complex civil, and federal court.

Ms. Forman has also successfully resolved disputes quickly through alternative dispute resolution, including mediation and binding arbitration, developing excellent relationships with mediators/arbitrators at AAA, JAMS, and IVAMS.

Ms. Forman's philosophy is that good business begins with a good risk management strategy - which requires solid contracts and an "every project is unique" approach to contract negotiation. Whether a business uses the standard AIA, ConsensusDOCS, or DBIA documents or prefers to draft their own standard forms, clear and concise contracts are crucial to a solid business relationship. Negotiating and communicating with project owners, construction managers, contractors, engineers and architects to ensure that each entity involved in any project has a clear picture of their responsibilities from the early stages of any project means fewer problems in the future, and can often prevent litigation altogether.

In 2013, Ms. Forman left private practice to serve as In-House Counsel in the Architecture / Design industry, where she guides internal clients in the development and implementation of risk management strategies, drafts and negotiates contracts, and creates training curricula to address areas of potential risk in the industry.

Ms. Forman is a member of Rotary International, and was a part of Leadership Burbank's 2012-2013 class. She also serves as a board member for Improv Utopia, a non-profit organization formed for the purpose of furthering education in the area of comedy improv.

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Raina Richter

Of Counsel
Pepper Hamilton LLP

Raina L. Richter is of counsel in the Construction Practice Group of Pepper Hamilton LLP, resident in the Los Angeles office.

Ms. Richter focuses her practice on construction law and the representation of construction companies and design professionals with regard to all types of disputes, including contract/delay, professional liability, fee disputes, construction defects and personal injury defense.

Various design professionals she has represented include architects, civil engineers, mechanical engineers, traffic engineers and geotechnical engineers, among others. Ms. Richter also represents clients in real estate, premises liability, landlord-tenant and copyright litigation.

Ms. Richter spent a large portion of her career living and working in downtown Los Angeles. She is actively involved in supporting community development in the Historic Core of downtown Los Angeles and has a wealth of knowledge about the area.


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