Maintaining records to meet the burden of proof and demonstrate causation in your construction claim or defence is essential. It’s all on you!

Burden of proof -

The burden of proof to be satisfied in construction matters is in line with civil procedures, namely ‘on the balance of probabilities’. This standard is thought to be vague compared to the higher standard of proof in criminal cases ‘beyond reasonable doubt’. However, who has the burden of proof may depend on the circumstances under which a claim arises and the burden can shift from one party to the other in defence of an assertion.

Please see full Publication below for more information.