In brief - Contracts and other documentary records often
provide the strongest defence
Should an engineer's work ever be called into question in
litigation, documentary evidence becomes crucial. Without it, the
case will turn into a battle of "he said, she said",
which causes significant problems for the client and lawyers
alike.
Contractual records, site and file notes can be used to counter
allegations
It is very important to document site meetings, contractual
discussions, site inspections and telephone calls with builders and
clients, because few people will remember the details of a job to
the extent needed should litigation arise after completion of the
project.
Factual evidence must most often be given via a witness
statement or affidavit and then tested in court through
cross-examination. The evidence that is accepted often comes down
to whoever the judge considers to be more credible.
