Design liability could be wider than you think

Kate Onions

A recent case suggests courts plan to give maximum leeway for developers seeking redress from designers

The Technology and Construction Court has determined a set of preliminary issues in BDW Trading vs URS Corporation. This is a claim by BDW Trading – which owns Barratt Homes, David Wilson Homes and Barratt London – against engineering firm URS Corporation (and one other) in respect of defects arising from allegedly negligent design.

BDW had appointed URS to provide the structural designs for multiple residential properties it developed and owned. Investigations – carried out by the housebuilder post Grenfell once works were complete – revealed serious structural defects at several of the buildings, which are now said to be inadequate.

Despite no longer owning the buildings, BDW considered that, as a responsible developer, it should ensure the properties were made safe. As this meant BDW would incur considerable expenditure in carrying out remedial works, it commenced court proceedings to recover those losses from URS.

 

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