Different defendants may hold different parts of the project record
Preserve provenance and version differences when project records from several defendants are assembled for a construction claim.
Corporate Recovery Partners
01 / 06
The shared folder looks complete until versions differ
After a claim names the builder, engineer and contractor, documents begin circulating among the parties. A combined folder can help locate material, but it can also conceal where each file came from and which version was used on site. Preserve your own originals and ask the lawyer how any coordinated document exchange should be handled.
Record whether a document came from your business, another defendant, the claimant or a later request. Keep the original filename, date and relevant covering communication where useful. Do not treat a newly supplied document as something your team necessarily received during construction. That distinction may matter when explaining what information was available at a particular stage.
Business.gov.au recommends protecting business records from alteration and keeping backups. Retain your existing project file while comparing copies supplied by others. Avoid replacing it wholesale with a folder described as complete. A consolidated set can be a working reference, but the source records should remain available so differences and gaps can be explained accurately.
Imagine the engineer supplying a revised drawing that differs from the copy in the contractor's site file. The question is not simply which drawing looks newest today. The records should establish when each version was issued and received. The example does not decide responsibility for the work; it identifies a provenance issue that needs examination before a factual position is adopted.
Ask your lawyer about the appropriate process before sharing legal advice, draft statements or other sensitive material with another defendant. Do not assume a shared interest makes every exchange protected or suitable. Keep disagreements about facts visible rather than editing the combined file until all versions appear consistent. An honest difference is information for the advisers to assess.
Prepare an index showing significant version differences, missing material and the source of each item. Keep it separate from any formal disclosure or filing required by the court unless advised otherwise. A useful shared record preserves the history of the documents. It should not create a misleading impression that every defendant held and relied on exactly the same information.
