Jurisdiction(s):
United Kingdom

Key definition

Construction Pre-Action Protocol definition

What does Construction Pre-Action Protocol mean? The structured steps parties take before issuing court proceedings in construction and engineering disputes: early exchange of information and key documents, focused identification of issues, and active consideration of settlement or ADR. In England and Wales, this refers to the CPR pre-action protocol for Construction and Engineering Disputes (for cases likely to be issued in the Technology and Construction Court). It is not statutory, but forms part of the CPR pre-action regime. Core steps include a detailed Letter of Claim, a Letter of Response (and any Counterclaim), a without prejudice pre-action meeting, targeted disclosure, and consideration of experts...

Construction and Engineering Pre-Action Protocol (2nd ed): Letters of Claim and Response, Counterclaims, Pre-Action Meetings, Jurisdictional Objections, Expert Evidence, Time Extensions and Costs (England and Wales)

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Practice notes

Key steps for compliance with Construction Pre-Action Protocol—checklist

This Practice Note reviews the obligations under the second edition of the Pre-action protocol for Construction and Engineering Disputes (the Protocol) that parties must satisfy before commencing proceedings in construction or engineering disputes, including professional negligence claims against architects, engineers and quantity surveyors. It sets out the required documents and meeting, offers guidance and practical points for each stage, and addresses other aspects of the Protocol such as objections to jurisdiction, the use of expert evidence, and the scope to extend time for compliance.

Issue a letter of claim
Provide a letter of response
Serve any reply to a counterclaim
Attend a without prejudice meeting

A concise overview of the essential actions is provided in: Key steps for compliance with Construction Pre-Action Protocol—checklist. Parties need not follow the Protocol if they agree otherwise, or where a permitted exception applies—see Practice Note: Construction Pre-Action Protocol—application, exclusions and objectives—Exceptions to the Protocol. Further information on compliance with the Protocol, including the basis of the requirement to comply, the...

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Web page updated on 21/05/2026

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