000			01524cam a2200205 4500
008			030311n2003 000 0 eng u
035			_a(Sirsi) u121589
100			_aHenchie, N.
245			_aCall their bluff: the legal system is tilted in favour of claimants
260			_c2003
490			_aBuilding _v258(8771) 21 February, 55(1)
520			_aIn 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.
590			_aABS
650			_aCONSTRUCTION DISPUTES
650			_aPRE-ACTION PROTOCOL
650			_aCONTRACT CLAUSES
650			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
690			_aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
942			_n0
999			_c72279 _d72279