Key considerations at the pre-action stage of a construction dispute
Produced in partnership with Abdul Jinadu of Keating Chambers
Key considerations at the pre-action stage of a construction dispute

The following Construction practice note Produced in partnership with Abdul Jinadu of Keating Chambers provides comprehensive and up to date legal information covering:

  • Key considerations at the pre-action stage of a construction dispute
  • Initial information to be gathered/understood
  • Preliminary advice
  • Strategic considerations
  • Pre-Action Protocol
  • Witnesses and experts
  • Considering settlement
  • Considering seeking interim relief
  • Advising on costs

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. While the steps identified may be relevant to other types of actions, it is assumed that the claim in question is a construction/engineering dispute to be conducted in the English courts under the CPR (albeit many of the considerations will also be relevant to disputes that will be the subject of an arbitration).

Initial information to be gathered/understood

Construction and engineering disputes usually involve complex technical and factual issues. Such disputes have a propensity to require the expenditure of substantial sums to resolve. It is therefore important that, at the outset, care is taken to gather as much information as is available in order to evaluate the prospects of success of the claim and to determine the appropriate strategies to adopt.

At the earliest stage it is important to identify the basis on which the contemplated claim is to be brought, ie is it a claim under a contract—if so, is it a claim for breach of contract or a claim pursuant to the contract?

The next step is to consider the technical information to identify precisely what is being alleged.

Documents are critical to the assessment of the claim and the success of any action, therefore it is imperative that documents

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