If your only dispute resolution option is to go to court, the court requires all parties to in construction and engineering disputes to firstly before proceedings are issued to take part in Pre-Action Protocol. The process is set out in the Pre-Action Protocol for Construction and Engineering Disputes 2nd Edition.
The Pre-Action Protocol Objective is to prepare properly for litigation and/or reach a settlement. The protocol in brief:
- Sets out a timetable for the written exchange of the parties’ positions. (e.g. Letter of Claim, Defence, Reply, etc)
- Requires that the parties meet at least once to narrow the issues or settle the matter.
- Suggests that the parties consider some form of ADR (Mediation, Adjudication, etc).
- Takes approximately three months to complete before court proceedings can be started.
- If the protocol is refused or ignored, it can result in adverse legal costs being imposed.
- Does not apply to ADR processes such as adjudication or arbitration, it only applies to court proceedings.
Why Use Arbicon:
- Claim or Defence compiled by an expert construction claims consultant to set out your position properly.
- Experienced in negotiation and specialists in construction ADR processes.
- For court proceedings we have access to the best solicitors and direct access barristers who regularly work closely with us.