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Part 36 offers: It's all in the timing

September 2011
Rachel Barnes

Most people with some acquaintance of construction litigation (or indeed any litigation) will have heard
of a Part 36 offer. It is a type of offer that one litigant can make to the other to settle the litigation. Both the claimant and the defendant can make Part 36 offers, although they are more commonly made by
defendants. A Part 36 offer made by a defendant to the claimant must include an offer to pay the
claimant's costs up to a minimum period of 21 days after the offer is made.

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