7 November 2022

Cladding disputes: liability – Dan Cudlipp, Emma Forsyth & Phoebe Jackson write for the Property Law Journal

Construction Senior Associate, Dan Cudlipp, and trainees Emma Forsyth and Phoebe Jackson, have written for the Property Law Journal, on construction contracts and the implication of the judgment in Martlet Homes v Mulalley.

This article was first published in Property Law Journal 402 (November 2022) and is also available on lawjournals.co.uk.

The case of Martlet Homes v Mulalley [2022] concerns the use of defective cladding in high-rise tower blocks and is of particular significance as it is the first High Court judgement on a cladding system dispute following the Grenfell Tower tragedy.

Cudlipp, Forsyth and Jackson write of the background to the case, the claim judgement, and wider significance and highlight how: "In a construction contract, the question of whether there has been a design or specification breach requires a consideration of professional negligence.“

They summarise that “a holistic approach when considering regulatory framework is essential. Moreover, design and build contractors cannot shy away from their responsibilities as qualified designers by seeking to rely on what others in the industry may be doing.”

The full article can be read here.

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