Construction Pre-Action Protocolā€”letters of claim, response and meetings


Published by a UUĀćĮÄÖ±²„ Construction expert
Practice notes

Construction Pre-Action Protocolā€”letters of claim, response and meetings


Published by a UUĀćĮÄÖ±²„ Construction expert

Practice notes
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This Practice Note considers the Requirements of the second edition of the Pre-action protocol for Construction and Engineering Disputes (the Protocol) which must be complied with before parties can commence proceedings in respect of construction or engineering disputes (including professional negligence claims against architects, engineers and quantity surveyors).

These requirements include the provision of a letter of claim, letter of response and reply to any counterclaim, as well as attendance at a without prejudice meeting. Guidance and practical considerations for each step are also covered, as well as other provisions in the Protocol, such as objections to jurisdiction, the use of expert evidence, and the ability to extend the time for compliance.

A summary of the key steps that the parties must undertake is also set out in: Key steps for compliance with Construction Pre-Action Protocolā€”c³ó±š³¦°ģ±ō¾±²õ³Ł.

It is important to be aware that the parties do not need to follow the process prescribed by the Protocol if they agree not to, or if the dispute comes within one of the permitted exceptionsā€”see Practice

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Jurisdiction(s):
United Kingdom
Key definition:
Construction Pre-Action Protocol definition
What does Construction Pre-Action Protocol mean?

The ā€œPre-action protocol for construction and engineering disputesā€ is a series of steps which should be undertaken when a dispute arises before litigation is commenced, unless agreed otherwise. Applies to all construction and engineering disputes (including professional negligence claims against architects, engineers and quantity surveyors).

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