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By Rupert Choat2026-01-09T06:00:00
Cases on defective premises dominated construction law in 2025, and 2026 is likely to follow suit
In the sphere of our construction law, URS vs BDW was the leading judgment of 2025. The case concerned a claim by developer BDW against its engineer, URS, for the cost of remedying design defects in 12 residential tower blocks. When remedial works were carried out, BDW had no proprietary interest in the tower blocks and any relevant third-party claims against BDW (there were none) would have been time-barred. However, BDW had seen a serious risk to the occupants and its reputation.
The Supreme Court held that there is no general rule preventing a claim in negligence for what URS said was a voluntarily incurred loss. Nevertheless, URS would still be entitled to argue, later in the litigation, that it had not caused the loss and that the loss had not been mitigated.
Among other important points, the court decided that BDW, while owing duties to homeowners under the Defective Premises Act 1972 (DPA), was also owed a duty by URS under the DPA.
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