Construction, Dispute Resolution

What to do when a legal claim is made against you

Written by: Samuel Okoronkwo

Published on: March 18, 2026

Responding to a legal claim is a time sensitive matter and one of the reasons it can be such a daunting task to complete – especially if you have no previous experience in the matter. However, it is vital that no matter the circumstances, you do not panic. Panicking can lead to costly mistakes and an outcome that could have otherwise been avoided.

Why have you received this claim?

Receiving a claim does not necessarily mean you deliberately did anything wrong.

From my time working closely with clients in the construction industry, I have found that misunderstandings or unclear contracts are just as common as:

Performance issues
Payment delays
Negligence

Of course, this is a very limited list of reasons you have received a claim. Even within these reasons are further branches to the nuances that will make up the claim being made against you. That is why, once again, panicking or reacting before you fully understand the claim is ill-advised.

If it is not clear to you what has triggered the claim, ensure you seek legal advice swiftly before moving forward.

What are the initial steps to dealing with a claim?

As I have already covered, understanding your claim is the very first thing you need to do. This begins with carefully reading over all documentation to identify:

Who is making the claim?
What are they demanding?
What evidence do they have?
What is the deadline for your response?

Should you strongly believe that the basis of the claim being made is weak, do not ignore it. Ignoring a claim is effectively forfeiting the opportunity to defend yourself.

When should you seek legal help?

Once you are confident you clearly understand the claim being made, it is vital that you seek legal support – if you have not done so already to understand the merits of the claim. There are many cases, especially in the construction industry, where a claim can be settled without going to court.

In cases where you are the Responding Party in a dispute that the Referring Party tends to take to adjudication, a barrister can help you prepare your case. In addition to validating the merits of the claim being made against you, they will take you through all of the necessary steps to adjudication.

Get in touch with the team at Mercantile Barristers to further understand your claim and the legal support available to you.