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ILN Today Post

The new Pre-Action Protocol for construction and engineering disputes

A version of this article was published in Construction News on 24 April 2017.

Background

Most construction and engineering disputes are settled by negotiation and without the need for formal dispute proceedings.  Where disputes cannot be resolved in this way, a claimant will usually have the option of pursuing its entitlements through statutory or contractual adjudication.  In some cases, however, litigation or arbitration will be necessary.

Before commencing court proceedings, a claimant must comply with the court rules which govern pre-action conduct.  These rules are set out in the “Pre-Action Protocols” which form part of the Civil Procedure Rules.

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