This week’s “Wise Up Wednesday” is prompted by a problem that I’m helping one of our Buddies to solve right now, and it’s about a recurring problem that catches Specialist Contractors out over and over again.
Here’s an extract from the email that I sent my client this morning;
“As regards establishing the extent of work undertaken, my advice would be that you cannot have too much evidence. So, the kind of things that spring to mind immediately are marked up drawings, photographs, videos, marked up cable schedules, site records, time records, delivery notes, witness statements etc.
At this stage we are looking to establish a physical measure, a comprehensive picture of the extent of the work done.”
It’s All About The Evidence!
Or to put it another way, and I quote from a learned source;
“Most cases are won or lost based on the strength or weakness of the parties’ evidence, so it is vital to ensure that as much relevant evidence (both documentary and witness) as possible is gathered at an early stage (ideally before proceedings are even issued).”
3 Crucial Factors Determine Whether You Win or Lose
There are three crucial factors that determine whether you win or lose and please, please, please bear these in mind even before you enter into the contract, and especially when you are doing the work. Because come the end of the job (and you’re not getting paid properly) it will be too late.
The three factors are;
- the evidence (facts),
- the relevant law when applied to those facts, and thirdly,
- the tactics of the case.
Whilst our Consultants are extremely good at the law and the tactics, the most important of the three is the evidence, as very few cases are won without strong evidence to support the winner’s arguments.
Getting the right evidence early is crucial, not only so you can properly assess the strength or weakness of your case, but also to try to persuade your opponent to negotiate an early and hopefully cost-effective settlement.
If you are not sure what evidence to collect or how to collect it, please give me a call on 01773 712116 and let’s talk it over.
Need More Information?
We have lots of resources at your disposal from the free information on our web site, to our specially written guides for Specialist Contractors, to our exclusive LinkedIn Group of 2,192 Specialist Contractors, right through to our best selling Gold Buddy Membership.
(Speaking of which, I’d just like to remind our Gold Buddies to use their free consultancy time to help you resolve any of your problems. We love helping!)
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I hope you enjoyed my Wise Up Wednesday email and that it gave you some food for thought, and I sincerely hope to speak with you soon.