Technology and Construction Court (TCC) meaning

This Checklist explains the requirements and principal steps necessary to secure compliance, by a claimant or a defendant, with the second edition of the Pre-Action Protocol for Construction and Engineering Disputes (the Protocol). Parties involved in a dispute are expected to adhere to it before commencing proceedings in the Technology and Construction Court (TCC). It prescribes what should occur prior to starting a claim in the TCC. Does the Protocol apply? The parties should first verify that the Protocol is applicable to their dispute—see Practice Note: Construction Pre-Action Protocol—application, exclusions and objectives. Under the Protocol, the claimant may, with unanimous written agreement of all intended parties to the proceedings, dispense with the pre-action process. What does the claimant need to do to comply? ...

In this issue: Standard form contracts Building safety Expert witnesses Construction industry news Daily and weekly news alerts New and updated content Construction trackers Standard form contracts CLLS publishes 2024 edition of Letter of Intent The CLLS has released the refreshed 2024 edition of its Letter of Intent. Our commentary reviews the revisions made. See News Analysis: City of London Law Society publishes 2024 edition of Letter of Intent. Court refuses declaratory relief in JCT termination payment dispute (Shaylor v Valesecure) In Shaylor Group Ltd (in administration) v Valesecure Property Ltd (in liquidation) [2024] EWHC 750 (TCC), the Technology and Construction Court declined to issue declarations regarding the contractor’s right to payment after the termination of a JCT-based contract. In doing so, the court explored noteworthy issues of contractual interpretation, including the methodology for assessing sums owed to the contractor post-termination and the impact of an ineffective assignment by the employer. See News Analysis:...

Wilson and another v HB (SWA) Ltd [2025] EWCA Civ 1360 What was the background? The appellants, Mr and Mrs Wilson, were previous leaseholders of two flats in the Celestia development, Cardiff, a residential scheme completed in 2007 with Redrow Homes (South Wales) Ltd acting as the developer. The respondent, HB (SWA) Ltd, has taken over Redrow’s rights and liabilities. The Wilsons issued proceedings against the defendant seeking damages after fire safety shortcomings and other defects were discovered at the building. The causes of action advanced were breach of contract (breach of implied terms in the leases) and/or breach of the duty owed under section 1 of the Defective Premises Act 1972 (DPA 1972). Their Schedule of Loss set out nine heads of loss, seven of which the Technology and Construction Court (TCC) struck out as too remote or purely hypothetical; see News Analysis: Damages under the Defective Premises Act 1972—what’s recoverable? (Wilson v HB(SWA)). The Wilsons appealed. What did the court decide? The Court of...

Care homes, construction defects and commercial loss—guidance from the Technology and Construction Court (Toppan & Abbey v Simply) (1) Toppan Holdings Ltd, (2) Abbey Healthcare (Mill Hill) Limited v August 2008 LLP (formerly Simply Construct (UK) LLP) [2025] EWHC 1691 (TCC) What are the practical implications of this case? This decision will be of interest to the construction industry in a number of key respects: Contractors and designers will be expected to meet rigorous fire safety compliance standards The TCC has reaffirmed the established position that defects will be treated seriously, even when latent and uncovered only after practical completion. As emphasised in His Honour Judge Bowdery KC’s judgment, the court will take a dim view of parties who appear to ‘underestimate’ or ‘under‑appreciate’ the consequences of fire safety defects. The judge recorded on several occasions that the ‘appalling’ defects posed ‘a real risk to the health and safety of the elderly residents’, and that the presence of ‘potentially life‑threatening defects’ must...

This Practice Note offers a beginner’s overview of construction disputes, intended for trainee solicitors and others unfamiliar with the area. It outlines what a construction disputes lawyer does, the disputes that frequently occur on projects, and gives a primer on adjudication, dispute boards, proceedings in the Technology and Construction Court (TCC), construction arbitration and alternative dispute resolution (ADR). It also considers the nature of disputes that routinely emerge on construction projects and the role undertaken by the disputes lawyer. We suggest reading Practice Note: Construction law—new starter guide, which sets out the core principles of construction law and the characteristics of construction projects, before tackling this note. The content of this Practice Note is also available as a PowerPoint deck with speaker notes—see: Introduction to construction disputes—training materials. You might also consider Practice Note: Dispute Resolution—new starter guide, which addresses dispute resolution more broadly. The work of a construction disputes lawyer Construction lawyers handling disputes (often described as contentious or back-end practice) are typically asked to support clients...

This Practice Note This Practice Note examines how case management is conducted in the Technology and Construction Court (TCC), by reference to the provisions of CPR 60, CPR PD 60, and the Technology and Construction Court Guide. As these materials supplement the general provisions found elsewhere in the CPR, it should be read together with wider guidance on case management, in particular: the court’s array of case management powers under CPR 3, and case management more generally—see Practice Note: Case management of civil claims under the CPR, and Case management—checklist multi-track case management—see Practice Notes: Multi-track—case management, and Multi-track—case management conference (CMC) the significance and importance of complying with rules, practice directions and court orders, together with practical pointers to assist—see Practice Note: Case management—compliance As the TCC forms part of the Business and Property Courts, also consult Practice Note: Business and Property Courts, which provides guidance on the procedure to be followed when issuing and managing claims in the Business...

ARCHIVED: This Practice Note is archived and is no longer maintained. This Practice Note examines the effects on dispute resolution arising from temporary measures brought in due to coronavirus (COVID-19), and related procedures too. It should be read alongside Practice Note: Coronavirus (COVID-19) implications for dispute resolution [Archived], and considered in parallel. It is intended to help dispute resolution practitioners grasp the rapid developments to civil court processes and procedures during this period, and how those shifts and the pandemic could affect their practice and particular matters in practice and day-to-day work. It includes civil court-specific guidance issued in response to the coronavirus outbreak, all of which is readily available for quick and consistent access via the ‘jump-links’ in the expandable contents table on the left-hand side of this Practice Note. As most court and tribunal buildings have reopened in accordance with public health guidance, practitioners should use the Gov.uk ‘Find a court or tribunal’ service for up-to-date status information and contact details for courts and tribunals. See Practice...

Enforcing an adjudicator’s decision We recognise that, after the Adjudicator issued their decision (the Decision), [ insert name of the responding party ] has declined to pay the sums the Adjudicator directed be paid to you. You have asked us to set out what steps you may take against [ insert name of the responding party ] to compel compliance with the Decision. While adjudicators’ decisions are binding as a matter of law, they do not carry the same standing as court judgments, and therefore cannot be executed in the same manner. Consequently, to require [ insert name of the responding party ] to honour the Decision, you will need to apply to the court. A number of court procedures are available to secure enforcement of adjudicators’ decisions. The approach most often adopted-particularly in situations such as this, where the successful party seeks payment of a monetary award made by the adjudicator-is to commence a claim in the Technology and Construction Court (TCC). The TCC has created a dedicated,...

Note: This Practice Note provides targeted direction for proceedings in the Technology and Construction Court (TCC) under CPR 60, CPR PD 60 and the TCC Guide. Because these provisions are in addition to the CPR’s general regime, it should be read alongside broader guidance on preparing for and attending trial, including Trial—overview, which itself links through to more granular materials covering distinct elements of preparing for and attending trials and related steps at each stage of the process Shorter and flexible trials schemes—TCC claims issued on or after 1 October 2015 may qualify for, or be governed by, one or both schemes operating under CPR PD 57AB: the shorter trials scheme and the flexible trials scheme respectively. For further details on these schemes and their operation, see Practice Notes: Business and Property Courts—shorter trials scheme and Business and Property Courts—flexible trials scheme Electronic working—for further information on electronic working in the TCC, refer to Practice Note: TCC—starting a claim—High Court or County Court?—Electronic working and...

Note: This Practice Note provides targeted guidance for proceedings in the Technology and Construction Court (TCC) under CPR 60, CPR PD 60 and the TCC Guide. As these provisions supplement the CPR’s general rules, this Practice Note should be read alongside the broader guidance on preparing for and attending trial, including Trial—overview, which in turn directs you to detailed materials on particular aspects of trial preparation and attendance Shorter and flexible trial schemes—For TCC claims issued on or after 1 October 2015, one or both schemes under CPR PD 57AB may apply: the shorter trials scheme and the flexible trials scheme. For further details, refer to the Practice Notes Business and Property Courts—shorter trials scheme and Business and Property Courts—flexible trials scheme Electronic working—For guidance on electronic working in the TCC, consult Practice Note: TCC—starting a claim—High Court or County Court?—Electronic working and filing of documents Multi-track—All TCC cases are treated as allocated to the multi-track (CPR 60.6(1)) ...