What is the burden of proof in a construction contract dispute?
British Columbia, Canada
The following excerpt is from Aslan, Electrical, Plumbing, Gasfitting, Refrigeration & Sheetmetal Services Ltd. v. Vernon Full Gospel Tabernacle, 2021 BCCRT 940 (CanLII):
14. The party asserting that work is deficient or not in proper compliance with the contract bears the burden of proof to show the contract has been breached: Lund v. Appleford Building Company Ltd. et al, 2017 BCPC 91 at paragraph 124. Where a dispute’s subject matter is technical, or beyond common understanding, it is often necessary to produce expert evidence to determine the appropriate standard of professional competence and to show whether the standard was breached: Bergen v. Guliker, 2015 BCCA 283 at paragraph 119.
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