The following categories provide a practical starting point.

1. Contracts and Subcontracts

The prime contract establishes the central relationship among the owner, contractor, and sometimes the construction manager.

Counsel should request:

1. The fully executed prime contract

2. General and supplementary conditions

3. Exhibits and attachments

4. Amendments

5. Contractor proposals incorporated into the agreement

6. Subcontracts

7. Purchase orders

8. Consultant agreements

9. Insurance and bonding requirements

10. Scope clarifications and exclusions

The complete agreement matters. A signed cover page without its exhibits, general conditions, or referenced proposal may omit critical scope, notice, payment, schedule, and change-order requirements.

Subcontracts are equally important. They help establish who was responsible for a particular portion of the work and whether gaps or overlaps existed between trades.

2. Drawings, Specifications, and Addenda

Drawings and specifications define the intended work, but counsel should not assume there was only one set.

Request:

1. Contract drawings

2. Specifications

3. Addenda

4. Issued-for-construction drawings

5. Permit drawings

6. Revised drawings

7. Sketches

8. Bulletins

9. Supplemental instructions

10. As-built or record drawings

The revision history can be significant. A drawing produced during litigation may not be the drawing that was available when the disputed work was priced or installed.

The expert must determine what information was available at the relevant time.

3. Requests for Information

Requests for information, commonly called RFIs, often document uncertainty, design conflicts, missing information, or field conditions.

Request:

1. The complete RFI log

2. Each RFI

3. Attachments

4. Responses

5. Response dates

6. Related sketches or revised drawings

7. Evidence showing when the response was distributed

RFIs can help establish when an issue was identified and whether the response affected scope, sequence, schedule, or cost.

An unanswered or delayed RFI may also be relevant, but only when considered alongside the schedule and the work actually being performed.

4. Submittals and Shop Drawings

Submittals show how materials, equipment, systems, and assemblies were proposed for incorporation into the project.

Request:

1. The complete submittal log

2. Product data

3. Shop drawings

4. Samples

5. Mock-up records

6. Architect and engineer review comments

7. Resubmissions

8. Approval dates

9. Manufacturer installation instructions

These records can be particularly important in defect cases. They may show whether the installed product matched the approved submission and whether the contractor followed the manufacturer’s requirements.

An approved submittal does not automatically transfer responsibility for installation or field coordination. The contract documents must still be reviewed.

5. Project Schedules

A single baseline schedule rarely tells the complete story of a delayed project.

Request:

1. The original baseline schedule

2. All schedule updates

3. Recovery schedules

4. Look-ahead schedules

5. Procurement schedules

6. Milestone schedules

7. Schedule narratives

8. Native electronic schedule files when appropriate

9. Correspondence discussing schedule changes

10. Meeting minutes addressing delays

The schedule should be compared with contemporaneous records showing actual progress.

A schedule update prepared months after an event may describe the project differently from daily reports, meeting minutes,
photographs, or correspondence created at the time.

6. Change Orders and Extra-Work Records

Change-order disputes often involve more than whether a document was signed.

Request:

1. The change-order log

2. Proposed change orders

3. Executed change orders

4. Construction change directives

5. Field directives

6. Architect’s supplemental instructions

7. Time-and-material tickets

8. Labor records

9. Material invoices

10. Subcontractor proposals

11. Pricing breakdowns

12. Markup calculations

13. Schedule-impact information

14. Notices of additional cost or time

15. Correspondence concerning authorization

The records should establish what changed, who directed it, when notice was provided, how the amount was calculated, and whether additional time was requested.

Unsigned change orders should not automatically be disregarded. The underlying records may show that work was directed, performed, acknowledged, or incorporated into the project.

7. Payment Applications and Requisitions

Payment records can help reconstruct both physical and financial progress.

Request:

1. All contractor payment applications

2. Schedules of values

3. Continuation sheets

4. Architect or owner certifications

5. Retainage calculations

6. Stored-material submissions

7. Supporting invoices

8. Proof of payment

9. Contractor and subcontractor lien waivers

10. Joint-check records

11. Owner payment records

12. Rejected or revised requisitions

The review should determine whether billed percentages were consistent with actual work in place and whether stored materials were adequately supported.

Changes to the schedule of values may also be relevant. A front-loaded schedule can cause a contractor to receive more than the value of the work completed early in the project.

8. Job-Cost and Accounting Records

Payment applications show what was billed. Job-cost records may show what was actually committed or spent.

Request:

1. Job-cost reports

2. Cost-code detail

3. Subcontract commitments

4. Purchase orders

5. Vendor invoices

6. Payroll records where relevant

7. General-condition costs

8. Change-order cost reports

9. Forecasts

10. Cost-to-complete reports

11. Internal budget revisions

These records are especially important in cost-overrun, cost-to-complete, termination, and payment disputes.

Construction experts can evaluate the operational meaning of these records. Matters requiring formal accounting, economic-
damages, or audit opinions may also require a qualified financial expert.

9. Daily Reports and Field Records

Daily reports are often among the most useful—and most overlooked—project records.

Request:

1. Superintendent daily reports

2. Contractor daily reports

3. Subcontractor daily reports

4. Manpower reports

6. Equipment logs

7. Delivery tickets

8. Visitor logs

9. Weather records

10. Inspection records

11. Safety records where relevant

Daily reports may show who was working, what activities were underway, what problems were encountered, and whether progress matched later descriptions of the project.

Their reliability should still be evaluated. Missing entries, repeated generic language, or reports created well after the recorded date may reduce their usefulness.

10. Meeting Minutes and Progress Reports

Meeting minutes provide a continuing history of the issues being discussed by the project team.

Request:

1. Owner-architect-contractor meeting minutes

2. Subcontractor meeting minutes

3. Coordination meeting minutes

4. Executive project reports

5. Weekly and monthly progress reports

6. Action-item logs

Counsel should obtain the complete series, not only the meetings that appear relevant.

The progression of an issue may be important. A condition described as minor in one meeting may later become a claimed critical delay or material defect.

11. Emails and Project Correspondence

Emails frequently provide context missing from formal project records.

Requests should be targeted by:

1. Relevant individuals

2. Defined date ranges

3. Project name and number

4. Specific areas of work

5. Known disputed issues

6. Contractor, subcontractor, consultant, or vendor names

Potentially relevant correspondence may address:

1. Scope interpretation

2. Delayed decisions

3. Access problems

4. Design questions

5. Deficiencies

6. Payment concerns

7. Change-order authorization

8. Manpower

9. Schedule impacts

10. Corrective work

11. Contractor performance

A broad request for every project email can create unnecessary cost. Targeted requests informed by the pleadings, logs, and key
project events are generally more useful.

12. Photographs and Videos

Photographs can preserve conditions that no longer exist.

Request:

1. Progress photographs

2. Contractor photographs

3. Subcontractor photographs

4. Architect and consultant photographs

5. Inspection photographs

6. Owner photographs

7. Videos

8. Drone imagery where applicable

9. Original electronic files with metadata when important

Photographs should be connected to dates, locations, and the person who created them whenever possible.

An isolated photograph may show a condition, but it may not establish how long it existed, what caused it, or whether it was later corrected.

13. Inspection, Testing, and Quality-Control Records

Depending on the dispute, request:

1. Inspection reports

2. Testing reports

3. Special-inspection records

4. Commissioning records

5. Nonconformance reports

6. Quality-control reports

7. Manufacturer field reports

8. Third-party consultant reports

9. Government inspection records

10. Sign-off and approval records

These records can help determine whether work was inspected, rejected, accepted, corrected, or concealed before a problem became apparent.

14. Punch Lists, Deficiency Logs, and Closeout Records

Project closeout records often show what remained incomplete and how the parties understood the project’s status.

Request:

1. Punch lists

2. Deficiency logs

3. Completion lists

4. Substantial-completion documentation

5. Certificates of occupancy

6. Warranty lists

7. Closeout checklists

8. Operation and maintenance manuals

9. Training records

10. Warranties

11. Final payment documentation

The existence of a punch-list item does not necessarily establish a significant defect. Conversely, the absence of an item from a punch list does not prove that the work complied with the contract.

The overall project record must be considered.

15. Notices, Default, and Termination Records

When a contractor was terminated or replaced, request:

1. Notices of default

2. Notices to cure

3. Contractor responses

4. Termination notices

5. Meeting records

6. Photographs of the work at termination

7. Status reports

8. Inventories of stored materials

9. Subcontractor and vendor balances

10. Records transferred to the replacement contractor

11. Completion proposals

12. Completion schedules

13. Replacement contracts

The condition and percentage of completion at termination are often central issues.

Without contemporaneous documentation, it may be difficult to distinguish the original contractor’s incomplete work from later demolition, redesign, corrective work, or scope expansion.

16. Corrective-Work and Remediation Records

When disputed work has been removed or repaired, request:

1. The corrective contractor’s agreement

2. Detailed scope of work

3. Proposals

4. Drawings

5. Specifications

6. Invoices

7. Daily reports

8. Photographs before, during, and after removal

9. Testing records

10. Disposal records

11. Material receipts

12. Change orders

13. Payment records

Corrective-work costs should be separated into appropriate categories.

Some costs may address defective work. Others may complete original scope, improve the design, add new work, or reflect conditions unrelated to the alleged defect.

That distinction can materially affect a damages analysis.

Preserve the Original Conditions

When demolition or corrective work is planned, counsel should consider expert involvement before the conditions are altered.

The original work may be the best evidence available. Once it is removed, the analysis may depend entirely on photographs, descriptions, and records created by others.

Reasonable preservation steps may include:

1. Joint inspections

2. Detailed photographs

3. Video

4. Measurements

5. Selective testing

6. Material sampling

7. Identification of removed components

8. Documentation of demolition

9. Notice to other parties

The appropriate procedure will depend on the matter and should be coordinated by counsel.

Start With the Issues, Not the Volume

More documents do not automatically produce a better analysis.

The initial requests should be tied to the actual claims and defenses. Once the major events, participants, and document systems are understood, requests can be refined.

A practical sequence is:

1.  Obtain the pleadings and principal agreements.

2.  Identify the major disputed issues.

3.  Obtain the project logs.

4.  Use the logs to locate relevant underlying records.

5.  Build a chronology.

6.  Identify missing or inconsistent documentation.

7.  Determine whether additional targeted requests are required.

The objective is to reconstruct the project using records created while the work was underway.

Conclusion

Construction disputes usually become more understandable when the project records are organized chronologically and reviewed together.

Contracts establish obligations. Drawings and specifications define the work. Schedules show the planned sequence. Daily reports and meeting minutes document what occurred. Change orders and requisitions show how scope and cost evolved. Photographs preserve physical conditions. Corrective-work records show what happened after the dispute arose.

Obtaining these materials early allows counsel and the expert to focus on the construction facts rather than spending valuable time trying to recreate a project from incomplete information.

Article disclaimer

This article is provided for general informational purposes and does not constitute legal advice. The documents required for a particular matter will depend on the project, claims, defenses, governing agreements, and applicable discovery requirements.

Author biography

Robert Hession is the founder and principal of RFH Partners, LLC. He has more than 36 years of construction experience, including senior executive leadership of complex commercial, healthcare, institutional, renovation, and corporate interior projects. He provides construction expert witness, litigation support, construction risk, draw review, and capital project advisory services.