Call their bluff: the legal system is tilted in favour of claimants
Henchie, N.
Call their bluff: the legal system is tilted in favour of claimants - 2003 - Building 258(8771) 21 February, 55(1) .
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.
CONSTRUCTION DISPUTES
PRE-ACTION PROTOCOL
CONTRACT CLAUSES
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
Call their bluff: the legal system is tilted in favour of claimants - 2003 - Building 258(8771) 21 February, 55(1) .
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.
CONSTRUCTION DISPUTES
PRE-ACTION PROTOCOL
CONTRACT CLAUSES
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION