UK

What Price Pre-Action Protocols outside Litigation?

Declan O'Mahony, Richard Anderson and John Tackaberry QC
December 2005
A discussion paper based on talk given to the Society of Construction Law north west branch on 1st November 2005.

The authors describe this as a 'question' paper to provide a framework for discussion, asking 'should adr practitioners seek to reflect the trend in court practice and procedure by requiring parties to comply with the equivalent of a pre-action protocol before commencing formal adr proc

The PFE Change Management Supplements: Are they what the industry wants?

Peter Aeberli

December 2005

A paper based on talk given to the Society of Construction Law in London on 8th June 2004.

The author considers whether general adoption of the Pickavance/Fenwick Elliott Change Management Supplements to popular standard forms would be helpful in reconciling these with the SCL Delay and Disruption Protocol.He argues that the approach of the PFE Supplements is too detailed, too prescriptive and too costly - for the Employer - as well as failing to achieve the better resolution of time issues in projects.