How to respond to a construction claim
A deduction or demand is an allegation to examine. A useful response deals with the specific facts, contractual basis and calculation rather than denying everything.
by Jack Butler-Kettle · About 3 min readShare
Before you start
Keep the claim as received, its attachments and service record. Gather the relevant agreement, prior submissions and evidence.
Identify the type of document and its deadline first. Break the claim into issues and respond to each with evidence. Separate matters you accept, dispute or cannot assess without more information.
Step-by-step guide
1. Identify the procedure and response deadline
Distinguish an informal complaint, deduction, default notice, adjudication document and court document. They do not share one response period.
For covered contracts, section 108 of the Housing Grants, Construction and Regeneration Act 1996 provides adjudication rights. Check actual directions immediately if proceedings have begun.
Tell the relevant adviser and, where appropriate, your insurer promptly. Check notification conditions without assuming every dispute is insured.
2. Break the claim into issues
For each allegation, record the work involved, alleged obligation, event, claimed loss and supporting documents provided.
Separate responsibility from valuation. You may disagree with the cause, the amount, both or neither.
Ask for missing particulars clearly. A request for information does not itself extend a formal deadline.
3. Prepare an evidenced response
Use a table with allegation, your position, reason and evidence reference. Keep factual admissions distinct from disputed conclusions.
Check instructions, access records, inspections, approvals, photographs and calculations. Include relevant contrary evidence in your internal assessment.
Avoid unsupported accusations and unexplained totals. If you propose remedial work or settlement, make its scope and conditions clear.
Claim assessment and response involves testing the alleged entitlement, cause and value against the records, rather than issuing a blanket denial.
4. Approve the response and plan the next step
Review the disputed amount, strength of evidence, cost, urgency and ongoing working relationship. Read construction dispute routes for the available approaches.
In England and Wales, the construction pre-action protocol addresses information exchange and resolution before certain proceedings. It has exceptions.
That protocol is not a UK-wide response timetable. Check the jurisdiction and procedure before relying on it.
Before you finish: Check each concession, disputed item and missing document. Confirm approval and service responsibility against the actual timetable.
Worked example
The facts
A decorator receives a £6,000 demand combining cleaning, damaged fittings and repainting.
What happens
They separate the three allegations and record the documents and deadline received.
They check dated photographs, access records and inspection notes for each item.
They explain which facts they accept and request the missing cost breakdown while protecting the applicable response deadline.
What this shows
The response addresses distinct issues rather than making a blanket denial. Responsibility and the final amount remain to be established.