Q&As

Which dispute resolution method should I use?

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Published on LexisPSL on 16/01/2018

The following Construction Q&A provides comprehensive and up to date legal information covering:

  • Which dispute resolution method should I use?

Which dispute resolution method should I use?

Case Study: A builder (A) quoted a price to carry out works at B’s property, which was accepted by B. There was no reference in the quotation, or subsequently, to arbitration. B now alleges that the works done by A are defective, incomplete and delayed. In light of the fact that the quotation and acceptance is silent on the need to use arbitration or follow the construction protocol, if B was to commence proceedings, would B have to follow the procedure set out in the Pre-Action Protocol for the Construction and Engineering Disputes, or could B commence proceedings by issuing a letter of claim under the general pre-action protocol?

A dispute may only be referred to arbitration where there is an arbitration agreement which, among other things, must be in writing. For more information, see subtopic: AA 1996—the arbitration agreement—England and Wales—overview. Where there is no arbitration agreement then the dispute is to be resolved by way of court proceedings.

The Pre-Action

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