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NEWS
Managing Editor James Parker
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FROM THE EDITOR
W
hat is being seen as a landmark case in the long wake of the Building Safety Act has seen the then Barratt Developments (now Barratt Redrow) win out, establishing a precedent that developers won’t have to pick up the bill for remedying buildings. In particular, this case shows that developers can pass on this cost to subcontractors even if the work was historical, and they commissioned the work voluntarily.
Barratt subsidiary BDW Trading (including David Wilson Homes) won in the Supreme Court recently against structural engineer URS Corp (part of Aecom). In 2019 Barratt underwent a review of its high-rise buildings and structures in London, Leicester and Croydon were found to have serious issues. However, the real issue for the industry going forward is that a seven-member judging panel found that URS was accountable for the cost of remedying these defective designs – despite these occurring before the newly tightened provisions of the BSA.
When the Government, shocked by the Grenfell tragedy, asked developers to inspect and remedy defects on their high-rise buildings, Barratts proactively engaged in this process across a range of sites. They claimed the cost of the repairs under the Defective Premises Act 1972, whereas the structural engineers’ case rested on the somewhat confusing basis that Barratts was liable as it was not under any legal obligation to remedy the defects. The judges threw it out, starkly clarifying the Building Safety Act’s 30 year limitation on liability. Expect a fl ood of cases from developers pursuing alleged negligent designers and subcontractors for historic building safety failings.
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At the same time as bolstering developers’ confi dence that they will not foot the bill for remedial works, momentum is building for central Government to bolster its support of domestic retrofi t. The Energy Security and Net Zero Committee however recently issued a major report on the current retrofi t programme, which criticised “stop-start measures and short funding cycles,” which have “undermined confi dence of consumers, installers, and the wider supply chain.” It also attacked the Government for not having clarifi ed “how it will support retrofi t beyond 2026, when key schemes are due to expire.”
The Committee’s long list of recommendations include a simpler set of schemes suitable for less affl uent homeowners, and more consumer education. One also echoed the Federation of Master Builders’ long-term call for licensing of retrofi t contractors. Which of these will the Government even look seriously at?
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There is confi dence being shown by a couple of major players on the supply side, that not only the Future Homes Standard will eventually see the light of day, but also that the retrofi t agenda is going to support a major upsurge in demand for insulation. Saint Gobain and Knauf recently announced they are to open UK factories making mineral wool, in Melton Mowbray and Shotton respectively, as the two giants pursue Scope 3.
James Parker, Editor
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YY BUILDING, CANARY WHARF BREEAM Outstanding refurb by Buckley Gray Yeoman reuses an early Docklands building for bio-enhanced workspace
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The YY Building in Canary Wharf, a refurbishment of the former 30 South Colonnade into 415,000 ft2 biophilically-enhanced workspace.
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