Legal issues
Typical issues include formation and incorporation of terms, the identity of the contracting parties, performance, acceptance, defects, variations, termination, set-off, counterclaims, limitation, contractual interest and pre-action conduct.
A defence should plead the material facts relied on rather than simply state that the invoice is disputed. Any counterclaim should be identified and quantified as far as reasonably possible.
Evidence that matters
Preserve the contract, terms, quotations, purchase orders, project files, delivery records, complaints, remedial work, emails, messages, account statements, payment records and any documents supporting loss caused by the claimant.
Reasonable lines of enquiry
Map each part of the claim to the evidence supporting or contradicting it. Identify witnesses, technical evidence and any contractual notice or dispute-resolution requirements. Check whether the claimant has sued the correct legal entity.
What happens next
At pre-action stage, the business can provide a reasoned response, exchange documents and explore settlement or ADR. If a claim has been issued, the defendant must comply with the applicable acknowledgment and defence timetable. The case may then proceed through allocation, disclosure, witness evidence, ADR and trial if unresolved.
Immediate steps
Do not ignore a solicitor's letter or sealed claim. Record the response deadline, preserve the transaction file and stop informal staff replies from creating avoidable admissions before the position has been reviewed.
What should you send us?
Send the letter before action or claim form, particulars, contract, invoices, payment history, complaints, project records and documents supporting any set-off or counterclaim.