How a new ruling provides fresh clarity on building liability orders

Sheena Sood 2023

Sheena Sood on a new ruling that offers key guidance on the building liability orders created under the Building Safety Act

The Technology and Construction Court recently delivered a judgment concerning a Part 20 claim for a building liability order (BLO) under the Building Safety Act 2022 (BSA).

Willmott Dixon vs Prater & Others concerns allegations of unsafe or defective materials used in the design and construction of a mixed-use development. As is common in cladding claims, a multi-party claim has been brought. The defendants include the specialist envelope subcontractor and its guarantor, Prater Ltd (Prater) and Lindner Exteriors Holding Ltd (Lindner), the building services engineer, Aecom Infrastructure & Environment UK Ltd (Aecom), the architect, Sheppard Robson, and the approved inspector, AIS Surveyors Ltd. My firm is acting for Aecom.

 Following intimation of the main claim, Prater and the Lindner Group underwent corporate restructuring. On behalf of Aecom, we issued an additional claim for BLOs against four Lindner Group companies, three of those based in Germany and one in the UK: none of these companies were involved in the project.

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