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What is the construction protocol? It’s Free! It’s an agreement for those involved to work collaboratively with the GLAA to share information that will help stop or prevent the exploitation or...
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For construction and engineering disputes, the parties should follow the process set out in the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol), which is sometimes referred to as the Construction Protocol or PAP.
Nov 18, 2016 · The Pre-Action Protocol for Construction and Engineering Disputes (the Protocol) was reviewed in 2015 due to long-held concerns about its effectiveness. It was often felt that the use of the Protocol led to a time-consuming process and the front loading of costs, which was far from its intended aim.
What is a Construction Protocol? Think of a construction protocol as a rulebook specifically designed for your project. It outlines the agreed-upon procedures and expectations for all parties involved – you (the client), the contractor, subcontractors, architects, and any other relevant consultants.
- 1 Introduction
- 2 Exceptions
- 3 Objectives
- 4 Compliance
- 5 Proportionality
- 6 Overview of The Protocol
- 7 The Letter of Claim
- 8 The Defendant’S Response
- 9 Pre-Action Meeting
- 10 Other Matters
1.1 This Pre-Action Protocol applies to all construction and engineering disputes (including professional negligence claims against architects, engineers and quantity surveyors).
2.1A Claimant shall not be required to comply with this Protocol before commencing proceedings to the extent that the proposed proceedings (i) are for the enforcement of the decision of an adjudicator to whom a dispute has been referred pursuant to section 108 of the Housing Grants, Construction and Regeneration Act 1996 (“the 1996 Act”), (ii) incl...
3.1 The objectives of this Protocol are: 3.1.1to exchange sufficient information about the proposed proceedings broadly to allow the parties to understand each other’s position and make informed decisions about settlement and how to proceed; 3.1.2to make appropriate attempts to resolve the matter without starting proceedings and, in particular, to ...
4.1If proceedings are commenced, the Court will be able to treat the standards set in this Protocol as the normal reasonable and proportionate approach to pre-action conduct. It is likely to be only in exceptional circumstances, such as a flagrant or very significant disregard for the terms of this Protocol, that the Court will impose cost conseque...
5.1The overriding objective (CPR rule 1.1) applies to the pre-action period. The Protocol must not be used as a tactical device to secure advantage for one party or to generate unnecessary costs. In many cases, including those of modest value, the letter of claim and the response can be simple and the costs of both sides should be kept to a modest ...
General aim
6.1The general aim of this Protocol is to ensure that before Court proceedings commence: 6.1.1 the Claimant and the Defendant have provided sufficient information for each party to know the outline nature of the other’s case; 6.1.2each party has had an opportunity to consider the outline of the other’s case, and to accept or reject all or any part of the outline case made against him at the earliest possible stage; 6.1.3there is more pre-action contact between the parties; 6.1.4better and ear...
7.1Prior to commencing proceedings, the Claimant or his solicitor shall send to each proposed Defendant (if appropriate to his registered address) a copy of a letter of claim which shall contain the following information: 7.1.1the Claimant’s full name and address; 7.1.2the full name and address of each proposed Defendant; 7.1.3a brief summary of th...
The Defendant’s acknowledgment
8.1Within 14 calendar days of receipt of the letter of claim, the Defendant should acknowledge its receipt in writing and may give the name and address of his insurer (if any) and shall also confirm whether or not it wishes the Protocol Referee Procedure as provided at paragraph 11 below to apply. If there has been no acknowledgment by or on behalf of the Defendant within 14 days, the Claimant will be entitled to commence proceedings without further compliance with this Protocol.
Objections to the Court’s jurisdiction or the named Defendant
8.2If the Defendant intends to take any objection to all or any part of the Claimant’s claim on the grounds that (i) the Court lacks jurisdiction, (ii) the matter should be referred to arbitration, or (iii) the Defendant named in the letter of claim is the wrong Defendant, that objection should be raised by the Defendant within 28 days after receipt of the Letter of Claim. The letter of objection shall specify the parts of the claim to which the objection relates, setting out the grounds reli...
The Defendant’s Response
8.5Within 28 days from the date of receipt of the letter of claim, the Defendant shall send a letter of response to the Claimant which shall contain the following information: 8.5.1A brief and proportionate summary of the Defendant’s response to the claim or claims and, if the Defendant intends to make a Counterclaim, a brief summary of the Counterclaim containing the matters set out in paragraph 7.1.3 above; 8.5.2 the names of any experts already instructed on whose evidence it is intended t...
9.1Within 21 days after receipt by the Claimant of the Defendant’s letter of response, or (if the Claimant intends to respond to the Counterclaim) after receipt by the Defendant of the Claimant’s letter of response to the Counterclaim, the parties should normally meet. 9.2It is not intended by this Protocol to prescribe in detail the manner in whic...
10.1The parties may agree longer periods of time for compliance with any of the steps described above save that no extension in respect of any step shall exceed 28 days in the aggregate. 10.2The Protocol process will be concluded at the completion of the pre-action meeting or, if no meeting takes place, 14 days after the expiry of the period in whi...
Oct 16, 2023 · What is construction dispute resolution? Common causes of disputes in the construction industry. How to avoid construction disputes. Comprehensive contract drafting. Effective project planning and documentation. Carrying out due diligence checks. How to resolve a construction dispute. Adjudication. Arbitration. Mediation.
People also ask
What should a user know about the construction protocol?
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Why is a construction dispute so complex?
F. Users of the Protocol should apply its recommendations with common sense. The Protocol is intended to be a balanced document, reflecting equally the interests of all parties to the construction process.
