Understanding and responding to a claim against you
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 · Updated
Guidance for England and Wales. Check the contract, amendments and facts that apply to your job.
The short answer
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.
Identify the procedure and 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.
Make an issue list
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.
Prepare an evidence-based 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.
Consider resolution and ongoing obligations
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.
Example
Fictional example, not a client result. Figures are simplified to explain the point.
The facts
A decorator receives a £6,000 demand combining cleaning, damaged fittings and repainting.
What happens
It separates the three allegations and records the documents and deadline received.
It checks dated photographs, access records and inspection notes for each item.
It explains which facts it accepts and requests 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.