Geert De Buyzer publishes on the law of evidence in construction cases

Geert De Buyzer publishes on the law of evidence in construction cases

The first 2016 issue of the Tijdschrift voor Bouwrecht en Onroerend Goed (TBO - Journal for Construction Law and Real Property) contains an extensive note under three decisions of the Court of Appeal of Brussels in which Geert De Buyzer discusses the law of evidence in construction cases. 

The law of evidence has great importance in contracting cases, since it often occurs in the construction sector that the “paperwork” is pushed aside in favour of the “real work”. Naturally, this practice can give rise to disputes, and the outcome of such disputes is largely determined by the law of evidence.

Along with a general discussion of the applicable principles, which are all too often forgotten, the note focuses on a number of points that often come up in contracting cases, such as the evidence-law consequences of the execution of the works and of the failure to respond (in a timely manner) to correspondence or (draft) contracts. The ticklish matter of the obligation to collaborate and cooperate in the area of evidence is dealt with as well.

The note seeks to be a practice-oriented tool for properly applying the rules of evidence. After all, a good knowledge of the rules of evidence can often mean the difference between winning and losing a case.

For more information, you can consult Geert De Buyzer (author).