The Technology and Construction Solicitors Association (TeCSA), the UK’s leading association for solicitors practising construction and information technology law in England and Wales instructed Acuigen to undertake research of law firms, in-house counsel and construction firms into the effectiveness of the Pre-Action Protocol (PAP) used in construction or engineering disputes, and to solicit suggestions on how it might usefully be amended.  The findings were to go on to provide independent insight into the process and asstsed the court simplify proceedings.

The Challenge

The Construction and Engineering Pre‑Action Protocol (PAP) sits at the heart of dispute resolution in the construction and engineering sector. Amid growing criticism and proposals for radical reform or abandonment, TeCSA needed robust, independent evidence to understand whether the PAP continued to deliver value in practice.

Crucially, TeCSA wanted insight that went beyond legal theory. It needed to capture the views and experiences of those directly involved in disputes—both legal specialists and senior industry participants—and to identify where the PAP works well and where targeted improvements could strengthen its effectiveness.

Acuigen’s Approach

Acuigen was commissioned to design and deliver an independent, evidence‑based research programme that combined depth, credibility, and sector relevance.  The programme included:

• Detailed analysis of 216 disputes across a significant sample of construction and engineering cases
• In‑depth qualitative interviews with senior construction lawyers, in‑house counsel, and leading construction firms
• A balanced research design that reflected real‑world dispute experience rather than isolated viewpoints

Acuigen’s methodology ensured that findings were grounded in practical outcomes, commercial realities, and the lived experience of dispute resolution.

Key Insights

The research produced clear, consistent findings:

• The vast majority of respondents regard the PAP as a valuable and effective pre‑action mechanism
• Participants reported that the PAP supports early clarity, encourages engagement, and helps narrow disputed issues
• Many recognised its role in improving access to justice through proportionate and structured early processes
• Rather than calling for replacement, respondents favoured practical refinements to improve consistency and usability

The study also identified specific areas where measured reform could further enhance effectiveness, including pre‑action guidance and greater clarity around costs.

Impact

The research provided TeCSA with independent, evidence‑based validation of the PAP’s continued relevance and value. It enabled TeCSA to contribute constructively to reform discussions with confidence, supported by credible data from across the legal and construction communities.

The findings demonstrated that:

• The PAP remains strongly supported by those who use it
• It continues to achieve its core objectives
• Any reform should be evolutionary, building on an established and effective framework

Why Acuigen

This project illustrates Acuigen’s expertise in delivering high‑credibility research on complex, technical, and sensitive issues. By combining rigorous methodology with deep sector understanding, Acuigen helps professional bodies and industry leaders move beyond opinion to evidence‑led decision‑making.

Acuigen enables organisations to listen to experienced voices, uncover actionable insight, and shape policy with confidence.