Sayfa 291B. The Standard of Proof and Its Resulting Obligation: Providing Adequate Supporting Documentation
A critical aspect a contractor must keep in mind is that the legal burden of proof…
In this respect, and so as to dispense with a potential maze of complicating assumptions…
Nonetheless, construction claims are relatively evidence-heavy: It can reasonably…
Forming and expressing a view on the ‘sufficiency’ of evidence disclosed is, of course,…
In the authors’ opinion, evidence presented or referred to by an expert as an exhibit…
■ Third-party generated;…
■ Contemporaneous;…
■ A document, capable of being separately identified and submitted/transmitted;…
■ Original;…
■ Relevant;…
■ Translated into the language of the proceedings – as per the contract or the procedural…
As a general, and rather obvious point, the evidence needs to make sense and clearly…
In practice, an arbitral tribunal often requires a contractor to prove each head…
To support the quantum, or monetary value, of each claim, a contractor should expect,…
This is sometimes easier said than done.…
Of course, the primary purpose of a comprehensive formal system of accounting, legal…
Once the appropriate type of record has been identified, the contractor (and its…
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