So am I by requesting Tekton prove that they have suffered hardship before going any further.I was talking about avoiding litigation, not what to do during litigation.
Again, not a lawyer, however, I have had a lot of experience with contract law in construction disputes. My understanding is that there is a lot of onus on the claimant to show they/he is not being frivolous. You can make life very difficult and create a lot of work for Tekton before you need to spend any money yourself by insisting they substantiate their claim.
e..g.
1. prove that the review by Erin was conducted in a non professional (non scientific) manner and
2. itemise their losses.
A simple one page letter can stop them in their tracks and give them cause to re-evaluate their cause of action.