Technology and Construction Court Guide 2026 (fourth edition)

The fourth edition of the Technology and Construction Court (TCC) Guide 2026 is the most significant update to TCC practice in several years.

What construction litigators should know

It gives practitioners a clear steer on how the court expects modern construction and technology disputes to be run: efficiently, proportionately and with early, constructive engagement.

This article highlights the key changes, other than building safety which is covered separately by Alison Garrett in: Building safety: Fourth edition of the Technology and Construction Court Guide is live.

A clear theme running through the revised Guide is the court’s expectation that parties communicate properly and engage constructively from the outset. The TCC’s message is simple: identify the real issues early, avoid procedural point-scoring and work sensibly to narrow the dispute.

Start in the right TCC centre (sections 1.3.2, 3.6, 10.2.6 and 20.3)

The revised Guide gives renewed emphasis to issuing claims in the appropriate TCC centre and reinforces the importance of the regional technology and construction courts.

In London, the indicative dividing line between the High Court and the County Court has increased from £500,000 to £1,000,000, subject to exceptions where a hearing before a High Court Judge is justified.

Outside London, the indicative dividing line is £100,000. 

Parties should not issue in the Rolls Building in London by default if another TCC centre is more appropriate.

Adjudication enforcement proceedings worth less than £100,000 should ordinarily be commenced in the County Court, although High Court issue may still be appropriate where the case raises significant or novel points of principle, or allegations of fraud.

AI enters the TCC — but lawyers stay responsible (section 1.6)

For the first time, the TCC Guide expressly addresses the use of AI by legal representatives. The court recognises that AI tools are likely to become part of day-to-day litigation practice, but the warning is clear: responsibility for accuracy, confidentiality and professional judgment remains with the lawyer.

Telephone hearings are the exception (section 4.4)

The revised Guide reflects the TCC’s post-pandemic experience of remote hearings. Telephone hearings are now likely to be the exception, not the norm. If a party wants a matter dealt with by telephone rather than remotely, it should be ready to explain why.

Alternative dispute resolution moves further into the mainstream (section 7)

The updated Guide reflects the courts’ increasing willingness to encourage, and where appropriate require, parties to engage in alternative dispute resolution (ADR). The revised section reinforces the expectation that ADR should be considered throughout the life of a dispute, not left as an afterthought to shortly before trial.

Adjudication enforcement (section 10)

The revised Guide makes several practical changes to adjudication enforcement, including that hearing bundles must now be lodged three clear days before the hearing, rather than two.

Expert evidence must earn its place (section 14)

The revised Guide reinforces the TCC’s expectation that expert evidence should be used only where it is genuinely needed and should be proportionate to the issues in dispute. Parties should identify early the precise issues requiring expert opinion and ensure that experts are properly instructed, focused on matters within their expertise and used in a way that assists, rather than overcomplicates, the court’s task.

Costs management gets a refresh (section 17.3)

The costs section has been rewritten to reflect the introduction of PD51ZG1, simplified costs budgeting, Precedent Z and Precedent RZ.
The Guide now gives more detailed guidance on which cases are subject to budgeting and how the newer costs-management procedures operate in the TCC. For practitioners, the point is to check the applicable costs regime at the outset, rather than treating costs budgeting as a standard-form exercise.

Procurement claims: A new regime (Appendix H)

The Guide has been updated to reflect the Procurement Act 2023 and the new regime for public procurement challenges. This is a notable development given the TCC’s role in urgent procurement disputes, where speed, focused case management and procedural discipline are critical. Parties should approach procurement claims with both the updated Guide and the new statutory framework firmly in mind.

Note that the Guide refers at Appendix H: TCC Guidance Note on Procedures for Public Procurement Cases to a confidentiality ring at Annex 1. To date, there is no Annex 1. 

Trial bundles: Efficiency is the theme (Appendix J)

The revised Guide updates the court’s expectations for trial bundles, continuing the wider emphasis on efficient case presentation, electronic working and proportionality.

Conclusion

The fourth edition confirms the direction in which the TCC has already been travelling: tighter case management, earlier engagement, more active use of ADR, responsible use of technology and greater procedural discipline. These are not cosmetic changes; they affect how parties should prepare, issue and manage TCC proceedings in practice.

Practitioners should therefore read the amended Guide carefully. Understanding its implications at the outset may make a real difference to strategy, TCC centre choice, case management and cost.

Talk to a member of the construction team for more advice on recent changes.

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