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ARTICLE · 15 OCTOBER 2026

When Does A Pre-Construction Services Agreement Really End?

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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Pre-Construction Services Agreements (“PCSAs”) have become a staple of the construction industry's approach to complex projects. They can be a valuable tool for both parties in the period before construction...

United KingdomReal Estate and Construction
Nicholas Downing
Nicholas Downing
Matthew Bool
Matthew Bool
Becky Johnson
Becky Johnson
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Pre-Construction Services Agreements (“PCSAs”) have become a staple of the construction industry's approach to complex projects. They can be a valuable tool for both parties in the period before construction works begin – but as seen in a recent case, whether or not the main contract draws a clean line under the pre-construction phase will depend on the drafting of the PCSA. Clients should consider PCSAs in the round, including how to preserve their rights in relation to prior breaches of the PCSA, as well as how that might interact with end of liability provisions and caps on liability.

Belong v Seddon

The decision in Belong (Construction) Limited v Seddon Construction Limited [2026] EWHC 1275 (TCC) illustrates the uncertainty that can arise over which rights and liabilities existing under a PCSA will survive entering into the main contract.

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