Care homes, construction defects and commercial loss–guidance from the Technology and Construction Court (Toppan & Abbey v Simply)
Construction analysis: The Technology and Construction Court (TCC) has handed down a significant judgment giving further guidance for fire safety claims and the appropriate measure of loss for damages. The decision, concerning fire safety and other defects in the design and construction of a care home in London, clarifies liability for remedial costs and underlines the TCC's willingness to award substantial damages where defects cause operational and financial disruption. This case will be of interest to construction law practitioners and professionals, as the industry continues to navigate the post-Grenfell landscape and associated fire safety claims. This case will also be of interest to anyone whose businesses have been disrupted and impacted by defects from construction works and confirms that those responsible for shoddy workmanship and design will ultimately be held to account. This article is written by Barry Hembling, partner, (bhembling@wfw.com) who led the legal team representing the successful claimants, and William Stewart, trainee solicitor, of Watson, Farley & Williams LLP.