The pre-action protocol for construction and engineering disputes has been updated and a second edition came into force on 9 November 2016.
On 2 November 2016, presentations by Alexander Nissen QC and Simon Toulson at an event at the Rolls Building provided insights into the history behind the new edition, the changes to the pre-action protocol and the introduction of a new procedure called the Protocol Referee Procedure. The presentations were followed by a keynote speech from Mr Justice Coulson.
In summarising the changes, Alexander Nissen QC noted the following as the headlines to take away:
- parties can now agree to ‘contract out’ of the Protocol
- costs sanctions will only be imposed for flagrant or significant breach of the Protocol
- the Protocol is shorter and should be less expensive for parties to implement
- the Protocol has a greater focus on the issue of proportionality
For subscribers to LexisPSL Construction, our construction content has been updated to reflect the second edition and the new Protocol Referee Procedure which can be accessed through TCC practice and procedure.
To see how the second edition compares to the first edition, we have provided the following download which also contains copies of the revised protocol and procedure. Click on the link below to access:
Some of the links in the free download are to expert guidance on LexisPSL. This requires a subscription. Click here for a free trial to access if you are not a PSL subscriber.