Pre-Action Protocol

The Protocol applies to most construction and engineering disputes and governs the parties’ conduct prior to the issuing of court proceedings. It is designed to encourage the early exchange of information in the hope that the parties can avoid litigation by setting out a pathway to settlement where parties can consider alternative methods of dispute resolution.

Where litigation cannot be avoided, the Protocol supports the efficient management of claims.

Under the terms of the protocol, parties are required to meet at least once before commencing a formal dispute resolution process. By doing this, the intention is to maximise the opportunity to settle disputes as early, fairly and inexpensively as possible without the need for litigation.

The Protocol does not apply to adjudication proceedings, but complying with the Protocol can help to “crystallise” a dispute and avoid costly jurisdictional challenges.