- Exploring the new Pre-Action Protocol for the Construction and Engineering Disputes
- Why did the second edition come about?
- How was the new Protocol drafted?
- What are the key changes in the new Protocol?
- Are there any changes people were hoping for that were not made (and if so, why)?
- Given the greater emphasis on proportionality, what factors will be relevant to this (ie is it mostly focused on the size of the claim or will other factors such as complexity of the issues also be relevant)?
- Will the TCC Guide be updated to reflect any of the changes?
- Are the changes made to the Protocol likely to be incorporated into the other pre-action protocols?
Construction analysis: The second edition of the Pre-Action Protocol for the Construction and Engineering Disputes (Protocol) came into force on 9 November 2016 and represents a significant change from the first edition. Alexander Nissen QC, barrister at Keating Chambers specialising in construction law, and a lead member of the Protocol working group, explores the changes and why they were made.
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