Background
Daily reports often become critical evidence when a project dispute arises. They may document manpower, work performed, delays, and directives from the owner or design professional. However, daily reports frequently become contested months or years later, particularly when one party claims that the reports were inaccurate, incomplete or self-serving.
A daily report presumption provision encourages the parties to review project records while the events remain fresh. If the receiving party does not object within a stated period, the report becomes presumptively accurate. The provision does not make the report conclusive, but it shifts the burden to the party challenging it and discourages late disputes over routine project documentation.
Contract Provision
Daily Reports and Project Records. Contractor may prepare and distribute daily reports documenting labor, manpower, equipment, materials, deliveries, weather, site conditions, inspections, work performed, delays, disruptions, directives and other material project events. Each daily report shall be deemed presumptively accurate unless Owner provides Contractor with a specific written objection identifying the disputed information within five business days after receipt. A general objection or reservation of rights shall not be sufficient. Failure to timely object shall not make the report conclusive, but the report shall constitute prima facie evidence of the matters stated therein. The parties may rely on daily reports, photographs, time records, delivery tickets, equipment logs and similar contemporaneous records in evaluating claims for additional time or compensation.
