Fire safety defect claims: practical considerations
Published by a LexisNexis Construction expert
Last updated on 09/09/2021

The following Construction practice note provides comprehensive and up to date legal information covering:

  • Fire safety defect claims: practical considerations
  • General features of the case
  • Multiple claimants
  • Investigating defects
  • Expert evidence
  • Claimant’s loss
  • Documents
  • The defendants
  • Insolvency
  • Considerations for construction parties
  • More...

Fire safety defect claims: practical considerations

This Practice Note sets out practical points that those advising on fire safety defect claims may wish to consider in preparation for such claims. It follows from the guidance set out in, and may be read in conjunction with, Practice Note: Fire safety defect claims for construction lawyers, which considers the legal issues arising from such claims.

This Practice Note is intended primarily for those acting for claimants in fire safety defect disputes, with a focus on cases that may involve multiple leaseholder or owner claimants, against the parties responsible for designing and building the works—whether the original developer, a consultant or other supplier (referred to as the construction parties or the construction team).

It is intended to provide a checklist of issues that parties might wish to investigate, in order to more fully develop their statements of case and build the evidence supporting their allegations. This, in turn, could help to avoid ‘skirmishes’ in the early stages of litigation, as may arise where the claimant’s pleadings are not sufficiently detailed—eg strike-out applications by the defendant, or applications to amend pleadings. See, for example, Naylor v Roamquest, in which, in a claim for fire safety defects, the court made acute criticisms of the lack of evidence and specificity in the claimant’s statement of case, and stated that the case could not proceed

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