Pre-Action Protocol for Construction Disputes ??? Letter of Claim & Procedure Guide 2026

Comprehensive legal walkthrough for homeowners and commercial property developers navigating the Pre-Action Protocol for Construction and Engineering Disputes.

1. Overview of the Construction and Engineering Protocol

The Pre-Action Protocol for Construction and Engineering Disputes applies to all building disputes, defect claims, and contractor disputes in England and Wales. The court expects parties to have complied strictly with this protocol before issuing proceedings in the Technology and Construction Court (TCC) or County Court.

2. Mandatory Steps Prior to Court Issue

1. Letter of Claim: The claimant sends a formal letter containing a clear summary of contract terms, full schedule of defects, expert evidence references, and monetary breakdown of rectification costs.
2. Defendant's Letter of Response: The contractor must respond within 28 days stating whether the claim is accepted, rejected, or subject to a counterclaim.
3. Pre-Action Meeting / ADR: The parties are required to hold a without-prejudice meeting (or mediation) to attempt settlement.