On 14 July 2022 the Technology and Construction Court handed down its judgment in Martlet Homes Ltd v Mulalley & Co Ltd  EWHC 1813 (TCC) – The first substantive decision from the Court relating to cladding and fire safety.
In a decision that will be of significant interest to the industry, the Court held that a contactor, which had installed a combustible insulated EPS render system (StoTherm Classic) under a design and build contract between 2005 and 2008, was liable for the costs of a full-scale replacement of the system together with costs pertaining to the ‘waking watch’ whilst it was remediated. The Court found that a repair of the system would not have been sufficient.
This judgment offers a first look into how the Courts are viewing these types of issues in combustible cladding cases. Given the serious and potentially costly implications of this judgment for the industry, Clyde & Co and Diales will be co-hosting a remote seminar on 7 September 2022 at 13:00 to discuss the judgment and the practical implications for contractors and developers going forward.
To register your interest for the event, please click on the link below.