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: Letter of Claim Precedent (England and Wales)

Published by a LexisNexis Construction expert

Precedents

[ ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS ]

[ Name of defendant or defendant’s solicitor, if known ]

[ Address ]

[ Date ]

Dear [ insert contact name ]

[ Insert names of parties and project, and any relevant references ]

[ As you will be aware, we OR We ] act for [ client ] [ regarding its claim against your client, [ insert name ], concerning [ brief description of dispute ] ]. [ We draw attention to our earlier correspondence, particularly our letter dated [ date ], about this matter, to which we have received no [ satisfactory ] reply. ]
This letter of claim is issued in line with the Pre-action protocol for Construction and Engineering Disputes (the Protocol), a copy of which is enclosed for your convenience. Disregarding this letter and failing to follow the Protocol may increase your client’s exposure to costs.
In accordance with section 8 of the Protocol, you must confirm receipt of this letter of claim by [ insert date 14 days from receipt ], and provide your substantive response by [ insert date 28 days from receipt ]...

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Web page updated on 22/05/2026

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