Construction | Disputes, Document Retention Policy And Limitation Periods

Document retention (or record keeping) is a key part of any business, particularly for those operating in the construction industry where claims can be common. Having those relevant documents to hand is vital if a claim needs to be made or defended.

In our experience, businesses operating in the construction industry tend to retain documents in line with the contractual limitation period for each project, which is understandable given that the vast majority of construction projects are procured based on written contracts which expressly provide for a set limitation period.

However, it is worth being aware that the contractual limitation period can be only half the story. The limitation period in respect of tort (i.e. negligence) claims is different - and potentially quite a bit longer and as such, it is important that documentation retention policies take this into account.