Legal issues
Typical issues include breach, defective performance, acceptance, variation, contractual notice provisions, set-off, counterclaim, misrepresentation, limitation and contractual interest.
Evidence that matters
Relevant evidence can include contracts, scopes of work, change requests, purchase orders, timesheets, delivery evidence, inspection records, complaints, emails, meeting notes and part-payments.
Reasonable lines of enquiry
Identify each reason given for non-payment and test it against the contract and contemporaneous records. Check whether the complaint relates to the whole invoice or only part of it, whether defects were notified in accordance with the contract, whether the debtor accepted or used the goods or services, and whether any alleged set-off or counterclaim has been quantified.
Where technical quality or valuation is genuinely disputed, consider whether targeted expert evidence would clarify the merits before significant litigation cost is incurred.
What happens next
The dispute should be framed in pre-action correspondence, with documents exchanged proportionately and settlement or ADR considered. If unresolved, a County Court claim can determine liability and quantum.
Immediate steps
Identify the debtor's exact reason for withholding payment and match each point to the contract and evidence. Preserve project records and avoid reducing the dispute to invoice copies alone.
What should you send us?
Send the contract, invoice, scope, variation documents, completion or delivery records, complaints, emails and payment history.