Building and fire safety defect claims

Since the Grenfell Tower fire in June 2017, there has been an increased focus on questions regarding which parties in the construction supply chain may be liable for building and fire safety defects, and how liability can be established. Building and fire safety defect claims are inevitably challenging, raising complex legal, technical and evidential issues.

Practice Notes: Fire safety defect claims for construction lawyers and Fire safety defect claims: practical considerations look in particular at claims in respect of fire safety defects, focussing on how fire safety defect claims may be brought in contract, tort, or under the Defective Premises Act 1972 (DPA 1972). They provide guidance on relevant considerations connected with applicable building regulations, and issues of loss, causation and limitation.

However, DPA 1972 creates potential rights of redress in relation to not only fire safety defects, but other defects which compromise the safety of a building, or

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