Construction disputes can quickly become complicated, particularly when the parties involved have different views about what was agreed, what work was carried out or who is responsible for a problem.
When a dispute arises, having clear and reliable evidence can make a significant difference.
The right evidence can help establish what happened, what was agreed and whether either party has failed to meet their contractual obligations.
It is important to keep a clear record throughout the project rather than trying to gather everything once a disagreement has already arisen.
Documents you will need
Your contract is likely to be one of the most important pieces of evidence in a construction dispute. It can help establish the scope of the works, payment terms, timescales and each party’s responsibilities and obligations.
You should keep copies of the signed contract and any associated documents, including schedules, specifications, drawings, quotations and purchase orders.
It is also important to retain records of any variations or changes to the original agreement.
This could include written variation orders, revised drawings, instructions for additional works or records showing that changes were approved.
Other useful documents may include:
- Invoices and payment records.
- Estimates and quotations.
- Timesheets and records of labour.
- Delivery notes and receipts.
- Site reports and inspection records.
- Certificates, surveys and expert reports.
- Records of defects, remedial works or snagging.
- Photographs and videos of the works.
Keeping these documents together and organised can make it much easier to establish a clear timeline if a dispute arises.
Communication and visual evidence you will need
Not all important evidence will be contained in a formal contract. Emails, text messages and other written communications can help demonstrate what was discussed and agreed during a project.
This can be particularly important where instructions or changes were made after the original contract was signed.
For example, an email confirming that additional work was requested could help establish that the work was authorised. Similarly, correspondence about delays, defects or payment can provide useful evidence about how the dispute developed.
You should also preserve relevant photographs and videos. Visual evidence can be particularly useful in construction disputes involving defective or incomplete work, damage or the condition of a property at a particular point in time.
Where possible, photographs should be dated and clearly identified so that it is obvious what they show and when they were taken.
It can also be helpful to keep records of site meetings, including who attended, what was discussed and what actions were agreed.
If instructions are given verbally on site, consider confirming them by email afterwards so there is a written record.
How we can help you
Understanding the evidence that is needed when a dispute arises is imperative when trying to resolve the dispute.
Our team can advise you on the evidence that you will need during a dispute and we can support you through the dispute resolution process.
For support with dispute resolution, get in touch with our team.