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 Disputes Pre-Action Protocol: Protocol Referee Procedure—Commencement, Appointment, Decisions, Non-compliance, Confidentiality and Costs

Published by a LexisNexis Construction expert

Practice notes

The second edition of the pre-action protocol for Construction and Engineering disputes (the Protocol) also introduces a formal mechanism allowing the parties to appoint a ‘protocol referee’ to direct how the Protocol should be conducted or to resolve allegations of non-compliance with it. The Protocol Referee Procedure (PRP) was devised and issued jointly by the Technology and Construction Solicitors’ Association (TeCSA) and the Technology and Construction Bar Association (TECBAR). A copy of the PRP is available here: The referee’s decision is binding upon the parties for the Protocol process—see The decision of the referee below. Until a decision is issued by the referee, however, the PRP does not affect the Protocol process; the time limits continue to run in accordance with the Protocol (PRP para 1.6).

How does a party start the procedure?

The procedure may only be used if both parties agree to it. In its letter of claim, the claimant should indicate whether it wants the PRP to apply, and the defendant should set out its position in the letter of acknowledgement. Either party may commence the PRP at any stage during the Protocol process by making a formal application directly to the Chair of TeCSA...

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Web page updated on 21/05/2026

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