Pre-action conduct

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Practice notes
This Practice Note examines agreements entered into under sections 38 and 278 of the Highways Act 1980, considering the obligations they impose and,...
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9th Nov
Practice notes
Claims by contractors for loss and expense arising from a disturbance to progress of the works are one of the most debated and contentious areas of...
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9th Nov
Practice notes
Brexit impact—public procurement: The UK public procurement regime derives from EU public procurement laws, and is therefore impacted by the UK’s...
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9th Nov
Practice notes
This Practice Note looks at Employer’s Requirements (also referred to as ERs) within a building contract. It explains what Employer’s Requirements are...
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9th Nov
Practice notes
It is standard practice in construction projects for the contractor, key sub-contractors and consultants (referred to in this Practice Note as...
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9th Nov
Practice notes
A collateral warranty is a contract which is collateral to, or sits alongside, the underlying or primary contract (ie the construction contract or...
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9th Nov
Practice notes
What is sectional completion?Where the construction contract splits the works into sections or parts, usually to be started at different times, there...
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9th Nov
Practice notes
This Practice Note explains what liquidated and ascertained damages (LADs/LDs) are and their purpose in a building contract. It considers the...
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9th Nov
Practice notes
This Practice Note looks at the SBCC (Scottish Building Contract Committee) standard forms of contract and the key differences between them and the...
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Produced in partnership with MacRoberts LLP 12th Jan
Practice notes
This Practice Note looks at the FIDIC Conditions of Contract for Plant and Design Build 1999, commonly known as the FIDIC Yellow Book 1999.FIDIC...
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Produced in partnership with Victoria Tyson of Corbett & Co 12th Jan
Practice notes
This Practice Note considers ‘pay when paid’ clauses and ‘pay when certified’ clauses in construction contracts, and the relevant provisions of the...
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Produced in partnership with Womble Bond Dickinson 12th Jan
Practice notes
Produced in association with 4 Pump CourtPrinciples of natural justiceIf an adjudicator breaches the rules of natural justice during the adjudication...
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9th Nov
Practice notes
This Practice Note examines the extent to which contractors, sub-contractors and consultants have a duty to warn their employer of inadequacies that...
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9th Nov
Practice notes
Produced in association with 4 Pump CourtParties to a 'construction contract' have the right to refer any dispute that has crystallised to...
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9th Nov
Practice notes
This Practice Note considers the status of the programme in a construction contract, what difference it makes if the programme is a contract document...
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9th Nov
Practice notes
This Practice Note identifies the key parties involved in most construction projects (including the employer, the contractor, the professional team of...
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9th Nov

Most recent Pre-action conduct content

Practice notes
Many contracts contain dispute resolution clauses which provide an alternative to a straightforward agreement to resolve any disputes that arise by...
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12th Apr
Practice notes
The second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) provides for a procedure whereby the parties...
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8th Apr
Practice notes
This Practice Note considers the basis of the requirement to comply with the Pre-Action Protocol for Construction and Engineering Disputes (the...
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8th Apr
Practice notes
This Practice Note provides guidance on when the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) applies, as well as the...
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8th Apr
Practice notes
This Practice Note considers the requirements of the second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the...
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8th Apr
Practice notes
ARCHIVED: This Practice Note provides a history of the background to the second edition of the Pre-Action Protocol for Construction and Engineering...
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8th Apr
Practice notes
The purpose of this Practice Note is to set out the steps which should be taken in the pre-action phase in order to maximise prospects of success....
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Produced in partnership with Abdul Jinadu of Keating Chambers 8th Apr
Precedents
[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify division][Specify specialist...
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31st Mar
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of defendant or defendant’s solicitor, if known][Address][Date]Dear [insert contact...
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12th Mar
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of defendant or defendant’s solicitor, if known][Address][Date]Dear [insert contact...
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12th Mar
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of defendant or defendant’s solicitor, if known][Address][Date]Dear [insert contact...
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12th Mar
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS][Name of defendant’s solicitor][Address][insert date]Dear [insert contact name][PROSPECTIVE...
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10th Mar
Practice notes
ARCHIVED: This archived Practice Note provides a comparison between the first and second editions of the Protocol. The second edition came into force...
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10th Mar
Q&As
The pre-action protocols (Protocols) and, in the event that none of the specific pre-action protocols apply, the Practice Direction Pre-Action Conduct...
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4th Mar
Q&As
STOP PRESS: this Q&A is based on the first edition of the pre-action protocol (in force until 8 November 2016). For a comparison of the two editions...
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24th Feb
Q&As
As set out in paragraph 1 of the Practice Direction Pre-Action Conduct and Protocols, the purpose of the Protocols regime under the Civil Procedure...
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Produced in partnership with Ryan Turner of Lamb Chambers 15th Feb
Q&As
The obligations of parties pre-action are set out in the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction) and the...
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11th Feb
Q&As
The Pre-Action Protocol for Debt Claims (the Debt Protocol) came into force on 1 October 2017.The Debt Protocol is not a general protocol which...
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Produced in partnership with Julia Dias QC of 7KBW 8th Jan
Q&As
A letter of claim is a prerequisite to the issue of proceedings under the Practice Direction Pre-Action Conduct and Protocols (the Practice...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

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