Spoliation is the destruction or significant alteration of evidence, or the failure to preserve property for another’s use as evidence in pending or reasonably foreseeable litigation.1 In the representation of architects and engineers (A/E), it has become increasingly important to be aware of the need to preserve all types of evidence that may eventually be required in order to properly defend a claim or potential claim. Failure to preserve critical project records or materials by the A/E professional can lead to the imposition of spoliation sanctions putting the client at a severe disadvantage in the litigation.
All types of evidence should be preserved in order to avoid possible spoliation sanctions. Beyond the obvious need for the client to preserve its entire project file, the client may come into possession of other materials that could become critical pieces of evidence in any litigation that arises such as boring samples; allegedly defective sprinkler heads, pipe fittings or valves; defective construction materials removed from a project site; or photographs taken at a site visit which depicted a temporary condition that no longer exists.
Preserving Evidence
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