A tribunal of fact is not compelled to accept uncross-examined expert evidence where there exists a credible and persuasive body of substantial evidence in direct contradiction; the correct starting point is prima facie acceptance, but the evidence may be given less weight in light of countervailing considerations. In building contracts, where a completion definition permits minor defects in one limb and requires the builder to have done 'everything' required in a second limb, the two limbs must be read consistently so that the second limb does not require completion of work that would otherwise qualify as a minor defect under the first limb. An offer of compromise addressed to two defendants jointly, requiring acceptance by both, cannot ground an indemnity costs order against one defendant where the other defendant reasonably refused the offer.
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