The new (2nd) edition of the Pre-Action Protocol for Construction and Engineering Disputes was unveiled at a launch event at the Rolls Building, Fetter Lane, London yesterday. The overhaul is responsive to industry and practitioner feedback arising from the Acuigen Survey commissioned by TeCSA. In broad terms, the revisions are intended to render the protocol process quicker and less costly. The key changes are:-
• Introduction of a consensual “Protocol Referee Procedure” for protocol compliance issues to be resolved rapidly via a fixed cost (£3,500) interim decision from a Senior Solicitor or Barrister.
• Process curtailed to a 2 month maximum period.
• The ability to opt out of the Protocol process.
• Emphasis on brevity in the Letter of Claim and Defendant’s response.
• Specific confirmation that expert reports are not expected or required.
The streamlining of the protocol process will be welcomed by both the Construction Industry and practitioners. The scope for the raising of compliance arguments has been substantially reduced with the ability for compliance arguments to be resolved very rapidly without recourse to the Court.
Please note that this information is provided for general knowledge only and therefore specific advice should be sought for individual cases.
For further information, please contact Philip Eyre