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ARTICLE · 05 DECEMBER 2016

The New Pre-action Protocol Has Come Into Force

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The Pre-Action Protocol for Construction and Engineering Disputes ("the Protocol") first came into force some 16 years ago.

United KingdomReal Estate and Construction
Tatyana Tihhomirova
Tatyana Tihhomirova
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The Pre-Action Protocol for Construction and Engineering Disputes ("the Protocol") first came into force some 16 years ago. Following consultation between TeCSA, TECBAR and the judges who deal with construction disputes, a new updated Protocol came into force on 14 November 2016. The revised Protocol introduces some interesting changes, but first it is worth recalling the purpose behind the introduction of the Protocol.

What is the Protocol?

The Protocol applies to all construction and engineering disputes (including professional negligence claims against architects, engineers and quantity surveyors). There are some exceptions where parties will not be expected to comply with the Protocol before commencing proceedings, for example where there may be an issue with limitation or where the claim is in respect of enforcement of an adjudicator's decision, or arises out of matters that have recently been the subject of an adjudication.

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