Willmott Dixon Construction Ltd v Prater Ltd

[2024] EWHC 1190 (TCC) — TCC, 21 March 2024 (Jefford J)

Judgment: [2024] EWHC 1190 (TCC) (National Archives)

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Issue

Claims exceeding £40 million relating to alleged fire safety defects in the external wall system of a mixed-use development in Woolwich. Proceedings involved multiple parties across the construction supply chain (subcontractors/suppliers).

Outcome

Notable for addressing the operation of Building Liability Orders (BLOs) under s.130 of the Building Safety Act 2022, which allow the High Court to extend liability for building safety defects to associated corporate entities where it is just and equitable to do so.

Notes

  • One of the early TCC decisions to substantively engage with BLOs.
  • Relevant to due diligence on contractor/subcontractor corporate structures where associated companies might otherwise shield the original contracting entity.