Evidence & Documentation

Themes & Modules

Legal Framework

Tendering to Execution

Business Framework

Project Closure

Evidence & Documentation

Substantiate to prove your case with:

  • Progress Reports, Project Schedule, Emails, Communications, WhatsApp Messages, Site Logs, Diaries, Photos, Videos and various Records
  • Contemporaneous Records vs Belated Records, Delay Analysis, Expert Witnesses, Fact Witnesses
  • Direct Evidence, Corroborative Evidence, Documentary Evidence

Know this: Even a “weakest Document” is legally better than the “strongest memory”.

Major Evidentiary Lapses – Why Government Departments Lose Cases in Construction Projects

Theme: Project Closure; Module: Evidence & Documentation

Author: Dr. Pradeep Reddy Sarvareddy

Published Date: 06 Jan 2026

Government Departments have lost several high-value cases recently, mostly in Arbitration.  These loses have triggered the Government to question the forums of Dispute Resolution, which has now resulted in the Government restricting Arbitration to Claims under Rs. 10 Crores in many Government Contracts.  The aspect that has been missed out is the root cause, i.e., the question, why Government loses arbitration cases.  The primary issue is lack of proper evidence which arises from poor documentation in Government Construction Projects.  Contractors need to understand these aspects as real life examples that demonstrate that even big organisations like Governments can lose due to lack of evidence, which are failures during the lifecycle of a project, and ultimately decide the outcome of a dispute.  This Article explores four major evidentiary lapses that consistently cause the Government to lose cases in the Construction sector.

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