New Pre-Action Protocol for Construction and Engineering Disputes

New Pre-Action Protocol for Construction and Engineering Disputes

43748920_lThe long awaited new Pre-Action Protocol for Construction and Engineering Disputes is expected to come into force on Wednesday 9 November 2016.

The existing Pre-Action Protocol for Construction and Engineering Disputes came into force in October 2000 and was amended in 2007.

In 2015 Sir Vivian Ramsey commenced a review of the pre-action protocol due to concerns regarding the front-loading of costs. In the CPR Committee minutes for the November 2015 meeting, Coulson J noted that:

...the reported front-loading of costs promoted by the current PAP had been considered by Mr Justice Ramsey. The task of considering whether amendments to the PAP were required had now fallen to himself, and following a major market research exercise by Tecbar, amendments to the PAP were in hand.

The new Pre-Action Protocol for Construction and Engineering Disputes has been prepared jointly by TECBAR and TeCSA and is expected to come into force on Wednesday 9 November 2016. It is understood that significant amendments have been made to the existing protocol, including:

  • when the pre-action protocol can be disapplied altogether
  • the introduction of a 'Protocol Referee Procedure' which enables parties who have agreed to sign up to that procedure to seek directions from the Protocol Referee to assist the parties participating in and complying with the Protocol and/or to assist resolution of any non-compliance with the Protocol. The Protocol Referees will be appointed alternately by TECBAR and TeCSA

There is currently no detail as to any transitional arrangements.

To enable practitioners to be aware of the provisions in the new pre-action protocol, prior to coming into force, a launch will take place the week before at the Rolls Building at 6 pm on 2 November 2016 when copies will be made available. For further details on this event, see here.

The LexisPSL content on this pre--action protocol will be updated in line with the new Pre-action Protocol when available.

 

 

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