- Proving the expenses paid and included in the claim for damages is the contractor’s obligation.
- However, arbitration practice expresses some understanding that it may sometimes be difficult to meet the burden of proof for the causal connection between the delay and the specifically paid expense.
- Based on arbitration practice, it may be generally inferred that specified statements are required stating when and to which extent there has been an additional consumption of time.
To support the connection between the delay and the specifically paid expense, written material, including minutes from site meetings, correspondence, time schedules, variation orders and statements given during the case is given a probative value.