## Core Principles of Burden of Proof Allocation in Construction Contract Disputes

In disputes over construction project contracts, the allocation of the burden of proof follows the basic principle of "he who asserts must prove." However, due to the complexity of construction projects, the law establishes specific rules for the inversion of the burden of proof in certain matters. For example, when a contractor claims payment for the project, it must prove that the construction has been completed in accordance with the contract and has passed acceptance inspection. When the employer claims defects in project quality, it must prove a causal relationship between the defects and the contractor's construction activities. However, if the defects involve concealed works or the main structure, the inversion of the burden of proof may apply. Additionally, in disputes over project delays, the party claiming an extension of the construction period must provide written evidence such as site instructions or meeting minutes. Understanding these allocation rules is key to gaining an advantage in litigation or arbitration.

## Key Points of Proof Under Major Dispute Types

In specific litigation, the focus of proof often centers on three areas: project quality, project cost, and project duration. In quality disputes, the employer must submit preliminary evidence such as completion acceptance reports and supervision records, while the contractor, if claiming quality compliance, must provide sub-item acceptance documents. In cost disputes, both parties should focus on proving contract budgets, change negotiation records, and payment vouchers; if an appraisal is involved, the applying party must prepay the appraisal fee and cooperate with site inspections. In delay disputes, the claiming party must provide evidence such as commencement orders, suspension notices, and force majeure proof, while the opposing party must rebut by showing no fault or that the delay resulted from multiple causes. The completeness and relevance of each piece of evidence directly determine its credibility with the court or arbitration tribunal.