The following Construction practice note provides comprehensive and up to date legal information covering:
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 quick summary of the key steps that the parties must undertake is also set out in: Key steps for compliance with Construction Pre-Action Protocol—checklist.
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 exceptions—see Practice Note: Construction Pre-Action Protocol—application, exclusions and objectives—Exceptions to the Protocol.
Further information on compliance with the Protocol, such as the basis of the requirement to comply, the level of compliance necessary, recovering the costs of the pre-action steps, and penalties for non-compliance, is provided in Practice Note: Construction Pre-Action Protocol—compliance issues and sanctions.
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