On 2 October 2000 the High Court issued a Pre-Action Protocol, which must now be followed before commencing litigation of any construction or engineering dispute. Jonathan Pawlowski examines what this actually means for building services contractors.

The pre-action protocol in brief

  • The objectives of the Protocol are to encourage the early and complete exchange of information about a claim and to help avoid litigation
  • The Construction Pre-Action Protocol applies to all construction or engineering disputes, and to professional negligence claims against architects, engineers and quantity surveyors
  • The Protocol sets out steps that parties should take before litigation commences
  • The Protocol does not apply to arbitration or adjudication proceedings
  • Proceedings to enforce an adjudicator’s decision under the Housing Grants, Construction and Regeneration Act 1996 are excluded from the Protocol

    • Source

    Electrical and Mechanical Contractor

    Postscript

    Jonathan Pawlowski is an associate at Clarks Solicitors. Call 0118 9585321 for advice.