Baltimore, MD commercial litigation attorney James Howard shares his most frequently given advice for his construction clients. He frequently advises his construction clients, particularly in construction defect cases, where a subcontractor may have performed framing, window, or HVAC work, and years later faces a lawsuit alleging defects in their work. These cases often involve smaller subcontractors rather than large general contractors.

His guidance emphasizes proactive documentation and risk management. While past issues cannot be undone, he strongly recommends that clients on future projects meticulously document their work, take photographs, and ensure that contracts and insurance coverage adequately protect them. He notes that subcontractors are often asked on-site to make changes that may not align with the original plans, and in such cases, it is critical to get all instructions in writing.

He stresses that clear records—emails, correspondence, and written confirmations—are essential, as disputes can arise years later, potentially involving hundreds of thousands or even millions of dollars, particularly in cases like water intrusion at large properties. If a subcontractor believes a directive could create liability, he advises confirming it with other project personnel and obtaining written approval—or, if necessary, walking away from the project to avoid long-term risk.

In short, his key advice to construction clients is: document everything, get all instructions in writing, maintain organized records, verify changes through proper channels, and prioritize long-term protection over short-term convenience.