What should a letter of claim for a construction or engineering dispute contain?

The Pre-Action Protocol for Construction and Engineering Disputes sets out details as to what a letter of claim for a construction or an engineering dispute should contain.  

The Pre-Action Protocol for Construction and Engineering Disputes applies to all construction and engineering disputes, including professional negligence claims against architects, engineers and quantity surveyors. However, a Claimant is not required to comply with the Protocol in the following circumstances: 

  • Where Court proceedings are for the enforcement of the decision of an adjudicator to whom a dispute has been referred pursuant to section 108 of the Housing Grants, Construction and Regeneration Act 1996;
  • Where Court proceedings include a claim for an interim injunction;
  • Where the Claimant seeks summary judgment pursuant to Part 24 of the Civil Procedure Rules; or
  • Where the dispute relates to the same or substantially the same issues as have been the subject of a recent adjudication under the Housing Grants, Construction and Regeneration Act 1996, or some other formal alternative dispute resolution procedure. 

A Claimant is allowed to commence Court proceedings without complying with the Protocol if, by reason of complying with it, their claim may be time-barred.

Unlock this article now!

 

For more information on:

  • What are the requirements of the Protocol?
  • Information about the Claimant
  • Information about the proposed Defendants
  • The facts
  • The basis of the claim
  • The remedies sought
  • Claims made previously and rejected by a Defendant
  • Expert evidence