To Which Claims Does The Construction And Engineering Pre-Action Protocol Apply?

To Which Claims Does The Construction And Engineering Pre-Action Protocol Apply?

To Which Claims Does the Construction and Engineering Pre-Action Protocol Apply? in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]The court will expect all parties to have complied in substance with the provisions of the Construction and Engineering Pre-Action Protocol in all construction and engineering disputes. The only exceptions to this are identified in paragraph 2.3 below. The Technology and Construction Court regards the Construction and Engineering Pre-Action Protocol as setting out normal and reasonable pre-action conduct. Accordingly, whilst the Construction and Engineering Pre-Action Protocol is not mandatory for a number of the claims noted by way of example in paragraph 1.3.1 above, such as computer cases or dilapidations claims, the Technology and Construction Court would, in the absence of a specific reason to the contrary, expect the Construction and Engineering Pre-Action Protocol generally to be followed in such cases prior to the commencement of proceedings in the Technology and Construction Court.


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