Email often is the most common form of communication during a construction project and can be a great way to document issues that arise during the project. However, communications via email sometimes can become more informal and used less carefully as a project progresses.
Whether a project manager is communicating with an owner or a subcontractor is communicating with a supplier, McDonald Hopkins shares simple guidelines you should consider when communicating via email during a construction project.
- Include a clear, direct subject line. The subject line should include the name of the project, which can help you track messages internally if you need them later. It also can contain other identifying words related to the message, such as “Delay Claim” or “Schedule Update.”
- Keep it professional. Avoid using foul language, sarcasm or off-color humor. If you would not say it in a letter, do not say it in an email. Additionally, if you would not want to read the contents of your email in a room full of strangers (such as in a courtroom), find another way to make your point.
- Stick to the facts. Providing only the facts in your email communications can help you avoid having your individual feelings or perceptions misconstrued if there is a future dispute. Avoid personal attacks, judgmental comments and using antagonistic language.
- Be direct with your message. Make your point and move on. Vague messages can result in lack of clarity during a dispute and can lead to ineffective notice of a claim, create ambiguity regarding the claim being raised and undermine the purpose of the message you want to send.
- Do not be self-critical in email communications. You also should avoid being critical of your company in emails. Those emails could come back to haunt you if there is a claim that results in arbitration or litigation.
- Keep the email content related to a single project. If you are involved with multiple projects with the recipient, keep an individual email related to an individual project as much as possible to eliminate confusion related to project instructions.
- Be vigilant in maintaining attorney-client privilege. If you are communicating with an attorney representing your company during the project, be careful about who you involve in those conversations. If you bring in a third party, attorney-client privilege can be destroyed.
- If it is important, put it in a letter. If the message you are sending is critical to the project or a claim you are making regarding a project, put the message in a letter. You still can send the letter via email, but a written letter signed by the sender and sent by email will be taken more seriously than an informal email message. Note your contract may require certain notices be provided by means other than email, such as certified mail or personal delivery, so be sure you know what your contract requires before you submit crucial messages via email.
