Construction Pre-Action Protocol letter of claim—defects
Construction Pre-Action Protocol letter of claim—defects

The following Construction precedent provides comprehensive and up to date legal information covering:

  • Construction Pre-Action Protocol letter of claim—defects


[Name of defendant or defendant’s solicitor, if known]



Dear [insert contact name]

[Insert names of parties and project, and any relevant references—an example is provided below]

De Fex House: DFH Ltd v B.A.D. Contractors Ltd

Your reference: BADC1234

Our reference: DFH001.1

    1. 1

      [As you are aware, we OR We] act for DFH Ltd (‘DFH’)[ in respect of its claim against your client, B.A.D. Contractors (‘BADC’), for the defective vinyl flooring installed at De Fex House]. [We refer to our previous correspondence, in particular our letter of [date], relating to this matter, to which we have had no [satisfactory ]response].

    1. 2

      This letter of claim is written in accordance with the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol), a copy of which is enclosed for your ease of reference. Ignoring this letter and failing to comply with the Protocol may increase your client’s liability for costs.

    1. 3

      Pursuant to section 8 of the Protocol, you are required to acknowledge receipt of this letter of claim by [insert date 14 days from receipt], and to provide your substantive response by [insert date 28 days from receipt]. In the absence of an acknowledgement or substantive response to this letter within the time scales we have set out, our client is entitled to commence proceedings without further reference to your client, and your client’s conduct will be

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