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Prettys Solicitors Ipswich
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New Pre-Action Protocol for Construction and Engineering Disputes Launched

November 2016 - Issue 87

The Pre-Action Protocol for Construction and Engineering Disputes was originally introduced in October 2000 with the aim to avoid litigation where possible by encouraging parties to exchange information. A review of the Protocol in 2015 revealed that the majority of practitioners felt that although the pre-action mechanism was valuable, it required amendments.

The Protocol is an extremely valuable pre-action mechanism for dealing with construction disputes in order to promote resolution and settlement. It assists in early consideration of issues and exchange of information.

The revised Pre-Action Protocol came into force on 14 November 2016, jointly prepared by the Technology and Construction Bar Association (TECBAR) and the Technology and Construction Solicitors Association (TeCSA).

The new Protocol incorporates some noteworthy changes, including:

The application of the Protocol is intended to be quicker and less expensive. Only time will tell whether or not this will be borne out in practice.

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