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Supplier and Sub-subcontractor Claims & Defence

In a dispute with a supplier or sub-subcontractor? We assess the incoming claim or your own claim, reconcile the account and prepare the evidence for your representative.

Updated: . By Jack Butler-Kettle, Construction Claims Consultant.

England and Wales. Other jurisdictions assessed individually.

The problem

As a subcontractor you may also be buying work or materials. An incoming payment claim, defective supply, delay or incomplete work must be assessed under that separate agreement; your upstream position does not decide it.

The solution

We establish the commercial record, reconcile work, deliveries and payments, assess the figures on both sides and prepare a clear claim or response schedule. Each agreement and each party’s obligations are assessed separately.

Your representative confirms the operative terms, legal basis, valid notices and available procedure, including whether construction-payment legislation applies to a supply-only or mixed agreement. Your solicitor advises on liability and set-off. Planning, technical and insurance questions go to the relevant specialist; we prepare the figures and evidence.

To reduce the risk on future jobs: Claims Risk Prevention.

What you get

You receive the traced assessment, indexed evidence, assumptions, response record and clear next responsibilities. The outcome may be payment, a revised position, withdrawal or an unresolved dispute; none is guaranteed. Practical prevention actions are agreed with a named owner, check and review date.

Includes a Handover Pack: key dates and sources, next steps, likely responses, scope limits and any ready-to-send letters.

Fee: A fixed fee covers the agreed figures-and-evidence work. Specialist appointments, proceedings and any later support stage are separately scoped and priced before that work starts.

Turnaround: the action timetable is agreed against the actual deadlines and available records. Enquiries receive a same-day response; substantive work starts only after capacity and instructions are confirmed.

How it works

  1. Claim stage: Event

    You explain the issue and agree the scope

    We check fit and conflicts, agree responsibilities and the fixed fee, then you authorise the work and provide the records.

    What you get: A written scope, responsibilities, fixed fee and timetable

    • A

      The order and operative agreement

      Quotation, purchase order or sub-subcontract, acceptance, incorporated terms, amendments and relevant authority records.

      Where to find it: Procurement files, quotations, orders and acceptance correspondence.

      Why we need it: The work, terms and parties determine payment and performance obligations.

      How we will use it: We record the agreement evidence and refer formation, incorporation and statutory-scope questions.

    • B

      Work and delivery records

      Scope, specifications, instructions, delivery tickets, progress records, acceptance, inspection and any defect evidence.

      Where to find it: Site records, delivery tickets, inspection records and supplier correspondence.

      Why we need it: The account must be tied to what was ordered, supplied, performed and accepted.

      How we will use it: We compare scope and performance with each invoiced or disputed item.

    • C

      Applications, invoices and notices

      The incoming claim or your demand, payment applications, invoices, notices and original service evidence.

      Where to find it: Your accounts team and the original incoming and outgoing communications.

      Why we need it: The amount claimed and payment-notice position need separate assessment.

      How we will use it: We link each demand to its cycle, basis and service evidence for your representative.

    • D

      Payments and account reconciliation

      Ledger, bank receipts or payment confirmations, credits, retention where applicable and a cumulative account.

      Where to find it: The accounting ledger, bank confirmations and credit-note register.

      Why we need it: Payments and credits must be accounted for without duplicating a claim.

      How we will use it: We reconcile the gross account, payments, retention and credits separately from disputed counterclaims.

    • E

      Loss and response evidence

      Itemised loss or remedial costs, supporting records, replies, mitigation steps and related claims that may overlap.

      Where to find it: Project, finance and procurement records, replies and appointed specialists.

      Why we need it: A counterclaim requires its own basis, causation and supported amount.

      How we will use it: We assess each item and identify overlap, mitigation and unresolved specialist questions.

    • F

      Deadlines and adviser details

      Proceedings or formal correspondence, actual response dates, representative details and relevant technical or insurer requirements.

      Where to find it: Your representative, insurer or broker and original correspondence.

      Why we need it: Live procedural, contractual and insurer requirements determine who must act and when.

      How we will use it: We preserve original notices, record the responsible adviser and flag uncertain deadlines for confirmation.

    Copies are fine. Send what you have and we will tell you what's missing.

  2. Claim stages: Notice, Entitlement, Evidence and Quantum

    We assess the records and figures

    We check the evidence and assess the figures on the basis confirmed with your appointed specialists and representative.

    What you get: A traced assessment with assumptions and disputed items

  3. Claim stage: Assembly

    We set out the position and options

    You receive the assessment, open questions and proposed evidence. We keep private settlement instructions separate.

    What you get: A recommended position and submission evidence

  4. You approve what goes out

    You approve the proposed submission or response, with legal wording and any insurer consent checked before issue.

  5. Claim stage: Resolution

    We support the response and close-out

    We assess replies, record the result and outstanding matters, and agree the practical controls to address the causes.

    What you get: An outcome record and prevention action plan

We hand over the assessment and next steps

See the full outcome in What you get.

Prefer to start online? Try the optional self-assessment.

More on this claim: Problems, Tips, FAQs.