The recent decision in Martlet Homes Ltd vs Mulalley & Co Ltd [2022] EWHC 1813 (TCC) highlights some of the challenges the construction sector has been facing in the post-Grenfell landscape.

It has been increasingly difficult to untangle the disputes on building safety and reach sensible compromises without incurring significant costs. Building owners want to focus on preserving resident safety and getting remedial works under way as soon as possible. But they are met with arguments over what regulations were applicable, design liability, defective workmanship and whether costs incurred can be recovered from public funds, contractors or consultants. Such lengthy disputes, coupled with the challenges of the new legislation, continue to weigh heavily on the sector. And there has been no judicial guidance to use as a reference point – until now.

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