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If you do not reach a settlement with the customer you will be required to submit a written defence to their claim with supporting evidence.
The defence, and any evidence that you choose to submit alongside, will be put before the adjudicator and will be taken into account when a decision is made.
You should bear in mind that the way an adjudicator approaches a case is very similar in its essential elements to the approach that a judge would adopt in a court of law.
However, all of the disputes brought to CISAS are decided on the documents submitted by the parties alone – there are no oral hearings. Therefore, the statements you make and the evidence you provide with your defence are extremely important.
Please note that our staff cannot provide any advice as to how to defend against a claim but they can provide advice and information in relation to how the CISAS service works.
What should be included in a defence?
The principal purpose of a defence is to respond to each of the points that the customer has raised in their application to CISAS.
The defence should deal with each and every complaint that the customer has made, stating clearly whether you agree or disagree with the points made and your reasons why.
The danger of not responding to all of the complaints is that the adjudicator will only have one side of the story for those complaints that you remain silent on. This could result in the adjudicator finding in the customer’s favour on that point.
Where you disagree with the customer and wish to put across an alternative point of view, you must provide evidence to support your position.
Adjudication is an evidence-based process, so you must show to the adjudicator’s satisfaction that your position is correct.
Examples of evidence you can submit include (but are not limited to):
- The contract between your company and the customer;
- A copy of your terms and conditions;
- Any relevant bills or invoices;
- Any letters or e-mail correspondence that has been exchanged;
- Any relevant call recordings or account notes.
