For many years, the prospect of suing a builder was a daunting one and the legal process was slow and not user friendly. It was often a question of sending a letter before action and then waiting for a reply. If none was received, a Claimant had the unenviable task of deciding how long he or she must wait before taking the plunge and issuing Court proceedings.
The Civil Procedure Rules, which came into force in April 1999, created pre action protocols for the bringing of certain types of claim which give fixed time limits for replies and further action. In recent years, a protocol for Construction and Engineering disputes has been created. Its stated purpose is to enable both sides to exchange all of the relevant documents to their respective cases and try to avoid the need to issue proceedings wherever possible. Where litigation is unavoidable, the protocol is designed to help the parties and the Court to efficiently manage the dispute.
The protocol works in the following way:
Please be aware that this is only a brief précis of the protocol and should not be taken as formal legal advice. If you consider you have a dispute which may fall within the Construction and Engineering Protocol, call us at Fraser Dawbarns LLP for bespoke and friendly advice.
Our Litigation team has an excellent reputation for getting results. Our combined legal knowledge and experience make us one of the most formidable Litigation teams in East Anglia. We are skilled negotiators, we understand risk management and we pride ourselves on our pragmatic, timely and cost effective advice.
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*We are recommended for the following practice areas: Corporate and Commercial, Debt Recovery, Employment, Personal Injury: Claimant, Agriculture and Estates, Contentious Trusts and Probate, Family, Personal Tax, Trusts and Probate & Commercial Property.ServicesContact