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circumstances in which the records supported part of the claim, the arbitrator could, if he wished, by inference be satisfied that those records also supported the remainder of the claim for which no direct record existed. Current editions of FIDIC contracts are less harsh on the contractor in providing that failure to keep contemporary records will reduce the contractor's entitlement to the extent that such failure has prevented or prejudiced investigation of the claim in question. Given that such records will often amount to the best evidence of what transpired at the time, a contractor who relies on witness statements to fill in gaps in its records may still suffer considerably as a result. For further information on this topic please contact Roger Button at Shadbolt & Co's London office by telephone (+44 20 7332 5750) or by fax (+44 20 7332 5799) or by email (roger_button@shadboltlaw.co.uk). The Shadbolt & Co website may be accessed at www.shadboltlaw.co.uk.
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