Call their bluff: the legal system is tilted in favour of claimants
Series: Building ; 258(8771) 21 February, 55(1)Publication details: 2003Subject(s): Summary: In construction disputes, unlike in other cases, it is worthwhile a claimant testing out the strength of a claim by adjudication. Adjudication can be inexpensive and efficient. If a claim is likely to be complex and for a large amount, or cannot be adjudicated the pre-action protocol can be used. There is no cost penalty if a claimant decides later against pursuing the claim. The Technology and Construction Court will penalise defendants who do not comply with the pre-action protocol. Compliance with the pre-action protocol has become time-consuming and costly so a defendant can protect themselves by naming a good adjudicator in the contract, placing contract clauses deterring would-be claimants from adjudication, providing for arbitration and serve notices. And if all else fails try offering the claimant a deal.| Item type | Current library | Copy number | Status | Barcode | |
|---|---|---|---|---|---|
| Journal article | London Journal article | 1 | Available | 121589-1001 |
In construction disputes, unlike in other cases, it is worthwhile a claimant testing out the strength of a claim by adjudication. Adjudication can be inexpensive and efficient. If a claim is likely to be complex and for a large amount, or cannot be adjudicated the pre-action protocol can be used. There is no cost penalty if a claimant decides later against pursuing the claim. The Technology and Construction Court will penalise defendants who do not comply with the pre-action protocol. Compliance with the pre-action protocol has become time-consuming and costly so a defendant can protect themselves by naming a good adjudicator in the contract, placing contract clauses deterring would-be claimants from adjudication, providing for arbitration and serve notices. And if all else fails try offering the claimant a deal.