Defective Premises Act—Court of Appeal considers if developers are owed a duty (URS v BDW)

Article summary

Construction analysis: The Court of Appeal (CA) considered three appeals, arising from two decisions, by URS Corporation Ltd (URS), the defendant structural designer, in an ongoing claim by BDW Trading Ltd (BDW), a developer, for defects in residential buildings. The case considered whether a developer can be owed a duty under the Defective Premises Act 1972 (DPA 1972), section 1(1), and whether the claim could be amended to include a claim now available under the retrospective longer limitation period of 30 years for claims under the DPA 1972 under the Limitation Act 1980 (LA 1980) as amended by section 135 of the Building Safety Act 2022 (BSA 2022). The judgment also considered issues related to the ability to seek contribution under the Civil Liability (Contribution) Act 1978 (CL(C)A 1978) where no claim is brought against the party seeking contribution but where there is a liability.