Tips for Managing Documentary Evidence During Arbitration

Delays are very common in the construction industry, which often leads to construction claims and disputes. Claims often arise due to problems like unforeseen circumstances, delays, conflicts, and insufficient information. It can be made for multiple reasons like loss, extension in time, liquidated damages, and more.

These construction disputes lead to voluminous documentation and legal issues. Documents are the backbone of every industry, including construction, because they provide definitive evidence to support and defend a claim. For this reason, proper document management is crucial in the construction industry.

Managing documentary evidence is an ongoing process that should start from the very beginning of the project even before a dispute arises. Below is a brief guide to help you manage construction documents during a project and make claims easier to handle.

Documentary evidence during construction claim consists of different drawings, maps, pictures, videos, and written documents. Following are some of the materials typically required in construction arbitration:

1. Pre-contractual documents like construction drawings, tender documents, project draft specifications, and correspondence between different parties on the construction job.
2. Contractual documents, including project drawings, contracts, annexes, and appendices.
3. Original time schedules and amended schedule in case of delay claims.
4. Correspondence and daily records, including site logs, project progress reports, and also minutes of each meeting.
5. Post-contractual correspondence among all the parties (owner, contractor, supplier, etc.) also including day-to-day issues or legal notices.
6. Other evidence, including quantum documents like receipts, cost documents, invoices, proof of payment, etc.

These are some of the basic documents required in arbitration. The legal documentary evidence requirements may change depending upon local state laws. Therefore, it is highly recommended that you must get assistance from construction claims consultants Dubai based professionals that can help you win your claim.

During the arbitration, make sure to manage documentary evidence in ensure the following steps:

Documentary evidence needs to be managed throughout the construction dispute and life of the project. However, the early document preparation is essential because gathering evidence after the dispute can be frustrating and even expensive. It can also lead to further delays in responding to the claim and starting arbitration.

All the parties involved in the construction work should adopt specific practices and internal controls to ensure a proper document trail is kept that can be used later on. If all the documents related to a project are kept organized from the beginning, it will make it easier for you later in case of a construction claim.

All the parties should be mindful of recording their internal documents from the start. They should maintain records of every meeting, transaction, and negotiation between other parties. This is particularly important in case a dispute arises. Parties should also consider construction claims consultant counsel even before a dispute arises to assists in the preparation of legal documents.

As soon as you see early signs of a dispute arising, immediately conduct an initial assessment with a comprehensive documentary evidence review. This way, you can easily separate documents that are most relevant to your case. Categorize documents that would be required by your counterparts, and third party construction claims consultants during the arbitration.

An early documentary review can also help you spot confidential documents that can be held in the upcoming claim. Again, it is recommended to engage outside help to assist your company with early assessment and review of the documents. It can pay off a hundred times later in the future if a dispute arises.

Just like in any other dispute, the party that asserts the claim in arbitration bears the burden of proof in the construction industry. Here are some tips to follow during the arbitration process to ensure success.

As the party that claims the dispute bears the burden of proof, thus, for this proof, you need extensive evidence and documents to prove your claim and disprove the other party’s case. Therefore, the document production phase in the arbitration is vital in obtaining critical evidence that is required to prove the claim in the court.

According to the IBA rules on Taking of Evidence in Arbitration, all the documents in arbitration have to be tailored according to the case. They should describe in detail every aspect of the project and claim. Make sure to prepare detailed documents to avoid any unpleasant surprises later on during the case presentation.

The golden rule in the arbitration is to help the arbitration tribunal to focus on the most compelling evidence in the most effective ways possible. You need them not to get distracted by other aspects of the project and focus on where you need them to be. One of the best ways to do that is to present evidence in chronological order.

This way, you can build a strong foundation and narrow down the scope of the issue that needs to be addressed. To establish a proper chronology, you must get the help of construction claims consultants to help you present your case to the tribunal in an efficient way to ensure success.

Construction disputes and arbitration requires extensive documentary evidence that needs to be compiled and managed since day one of the project. You cannot expect to win a claim without proper documentation and organized evidence. Therefore, don’t take chances and consult a construction claims professional at the start of the project to make sure you have a proper documentation system regarding the project.

Don’t wait till the claim has been filed. Take early measures to manage construction documents.