There is a Court approved Protocol which should be adopted by any client considering making a claim against a construction professional, which applies to all construction and engineering disputes and specifically includes claims against Architects, Engineers and Quantity Surveyors.
The Protocol is designed to encourage the early exchange of full information so that the parties can hopefully avoid issuing proceedings and settle their dispute or, if not, to limit the matters in dispute so that the case can be dealt with more quickly and cost less.
Cases against these professionals are normally brought in a specialist Court – the Technology and Construction Court, – where the Judges are well used to the nature of the issues, which are typically both complex and technical. The Court is used to the statutory elements of such claims, where reliance is often placed on the Defective Premises Act 1972 and the duties imposed by the Contractual (Design and Management) Regulations 1994.
As an alternative, such a claim can be referred to “adjudication” in certain circumstances. The adjudication decision is binding and enforceable through the Courts, but the process is much quicker and less costly than Court proceedings.
For help and assistance on queries relating to construction, contact our Commercial Dispute Resolution team on 0161 832 6131 or get in touch by filling out one of our online enquiry forms.
Find out more on our Commercial Dispute Resolution page.