Construction Pre-Action Protocol—comparison of editions
Construction Pre-Action Protocol—comparison of editions

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • Construction Pre-Action Protocol—comparison of editions

This Practice Note provides a comparison between the first and second editions of the Protocol. The second edition is in force from 9 November 2016

Full copies of the first and second edition of the protocol are available here:

Pre-action protocol for construction and engineering disputes—first edition

Pre-action protocol for construction and engineering disputes—second edition

Heading First edition Second Edition Changes
Introduction 1.1 This Pre-Action Protocol applies to all construction and engineering disputes (including professional negligence claims against architects, engineers and quantity surveyors). 1.1 This Pre-Action Protocol applies to all construction and engineering disputes (including professional negligence claims against architects, engineers and quantity surveyors). No change.
Exceptions 1.2 A claimant shall not be required to comply with this Protocol before commencing proceedings to the extent that the proposed proceedings (i) are for the enforcement of the decision of an adjudicator to whom a dispute has been referred pursuant to section 108 of the Housing Grants, Construction and Regeneration Act 1996 (“the 1996 Act”), (ii) include a claim for interim injunctive relief, (iii) will be the subject of a