Looking back at the legal year: 2024 in construction law

Rupert ChoatBW

In 2024 fire safety dominated the legal space, while liability caps and conditions precedent also produced a glut of cases

Seven years after the Grenfell Tower disaster, the final report of the public inquiry into the fire was published in September. It criticised the makers of fire safety rules and most of those who should have ensured compliance with them. The strongest criticism was reserved for many of the relevant cladding and insulation manufacturers. It remains to be seen how far the report’s wide-ranging recommendations will be implemented.

Fire safety defects were the subject of Abbey vs Simply. An adjudicator decided a contractor was liable for such defects to a tenant under a collateral warranty. The Supreme Court held that collateral warranties fall outside the Construction Act, save where unusually there is a distinct duty to carry out work for the warrantee. As a result, the adjudicator’s decision was void for lack of jurisdiction. Thus, ordinarily a warrantee will be unable to adjudicate a warranty breach unless the warranty expressly provides for adjudication.

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