By Eugene J. Heady, © Smith, Currie & Hancock LLP

Tony pressed send. The damage was done. While the pen is mightier than the sword, minor disagreements can quickly blossom into major disputes when your “pen” is haphazardly used for blood-letting. When writing notice letters slow down the process and document facts, not feelings.

Tony, a green, young project engineer, climbed up into the passenger seat of Jake’s Ford 150 as they left the jobsite old and wise project manager taught me that when you’re and headed back to the office. Jake, the project angry with someone on the job, you should write out your superintendent, was 40 years Tony’s senior. response and then always hold off on sending it out for at least 24 hours. He called it the 24 Hour Rule. In 24 hours, Jake saw that Tony was angry and asked, “What’s got the pick it up, read it again, rewrite it, and tone it down,” Jake hair up on your back?” added.

“It’s Joe, he’s delaying the project,” Tony replied. “That crusty old project manager would constantly remind me, ‘Just give ’em the facts, not feelings. Leave your Joe, the electrical subcontractor, had just sent a terse feelings out of it,’ he would say.” response to Tony’s latest nasty email. Agitated, Tony flipped open the cover to his iPad and was primed, pumped and Tony took Jake’s advice and wrote out his response to Joe ready to fire back. Tony exclaimed, “I’ve had it with Joe! on a sheet of paper. “Give it to me to read,” Jake instructed. Look at the crap that I have to put up with. Enough is Jake read the handwritten response and observed, “Well, enough. Joe is incompetent, and his uncooperative attitude you’re still pretty angry, aren’t you? Put it away now and is the sole reason that this project is a month behind read it again in the morning. If you still feel that strongly, schedule. I’m putting him on notice. I’m gonna let him have revise it and send it out. But, let me take a look at your final it now,” Tony shouted. draft before you send it, and I’ll give you my reaction.”

As Tony pounded out a reply on his iPad, he proudly read it The next morning, Tony revised his response and handed it aloud to Jake. “Dear Joe, You are, without a doubt, the to Jake. Jake read it aloud, “Dear Joe, The schedule on this slowest, most incompetent, poorest excuse for an electrical job is in serious trouble, and if the situation is not corrected subcontractor that I have ever had the misfortune to work promptly, we are looking at some significant extra costs for with. We intend to take out of your lazy, sorry hide every which we will expect reimbursement from someone. Your dollar we spend as a result of any overall delay to this job.” work is behind schedule, and we are very concerned about your ability to do the work. If your work delays the job “Whoa! If you attack Joe like that, this new-fangled email is completion, we will look to your company for all additional gonna get you into big trouble, for sure! Slow down and put costs. Please advise us no later than Friday of your plan for down that iPad,” Jake demanded. “I understand that Joe completing your work on schedule and as required by the has you upset. Instead of firing off another nasty email, I Contract Documents.” suggest you get out your pen and paper and write out the response. Then, sleep on it. Read it again in the morning “Excellent! You’ve made your point and put Joe on notice of when you’ve had time to cool off. When I was your age, an the delay without the nasty personal attack,” Jake said. "This content was brought to you through a partnership with Construction Connection. For questions or comments contact us at 1 | P a g e [email protected] or call us toll-free 877-545-4473"

“Thanks for your advice,” Tony replied. “Hopefully, I can Recognizing this, Jake’s approach was to encourage and help Joe get the schedule back on track.” allow Tony to get his anger out on paper, but then, after 24 hours of quiet reflection, tone it down to keep from escalating As Tony got up to leave, Jake asked, “Where are you the conflict. headed now?” From the fountain pen, to fax machines, to email, profound “I’m heading back down to the jobsite,” Tony replied. “I’m advances in technology have brought us to an era where taking Joe to lunch, and we’ll start over.” instant messaging is the norm. Technology has dramatically changed the way and speed in which we communicate. As Jake responded, “Great! But, leave that darn iPad with me!” the above example illustrates, this change is not always better. Sometimes doing things the old way really does In the example above, Jake’s approach suggests that when make the most sense. The tried and true “24 Hour Rule” for angry, one should follow the Biblical dictum to “be quick to project management personnel is a prime example. I hear, slow to speak, and slow to act.” The Sixteenth century encourage each of the construction professionals reading Spanish author Miguel de Cervantes Saavedra wrote, “The this article to print it out and add it to your training materials pen is the tongue of the mind.” Jake and the wise, old for both the newbies like Tony and the old-timers like Jake. project manager who trained him understood that there is an automatic link between one’s feelings and the ink one spills on paper when angry.

Eugene J. Heady is a Partner in Smith, Currie & Hancock’s Atlanta office. Smith, Currie & Hancock is a national law firm focusing on construction law, government contracts, environmental law, and commercial litigation. Gene is a regular contributor to the Construction Connection Newsletter. He has over 30 years of experience as a problem solver in the construction industry. Following a successful career in the construction business, Gene began practicing law in 1996. He represents and assists owners, general contractors, builders, subcontractors, suppliers, architects, engineers, designers, sureties, real estate developers, and manufacturers in avoiding and resolving disputes related to construction projects throughout the continental United States, Alaska and the Caribbean. His work involves private, local, state and federal government contracts and commercial, industrial and institutional construction projects. Gene literally grew up in the construction industry; his father was a successful electrical contractor. Unlike most construction attorneys, Gene has hands-on experience. Gene has worked with the tools, at the drafting table and at the helm of a construction company. In 1981, Gene earned a B.S. degree in Engineering from the University of Hartford, majoring in Electrical Contracting. Before law school, he worked in the electrical construction business as a project engineer, project manager, and construction business owner. Gene is a prolific writer and has published numerous works related to the construction industry. He is also a frequent lecturer on construction law topics. Contact Gene at [email protected] or directly at 404-582-8055.

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