Construction Pre-Action Protocol—comparison of editions [Archived]
Construction Pre-Action Protocol—comparison of editions [Archived]

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

  • Construction Pre-Action Protocol—comparison of editions [Archived]

ARCHIVED: This archived Practice Note provides a comparison between the first and second editions of the Protocol. The second edition came into force on 9 November 2016.

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

HeadingFirst editionSecond EditionChanges
Introduction1.1 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.
Exceptions1.2 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 claim for summary judgment pursuant to Part 24 of the Civil Procedure Rules, or (iv) relate to the same or substantially the same issues as have been the subject of recent adjudication under the 1996 Act, or some other formal alternative dispute resolution procedure.2.1 A Claimant shall not be required to comply with this Protocol before commencing proceedings to the extent that the

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