In the case of LDC (Portfolio One) Ltd v George Downing Construction Ltd and another [2022] EWHC 3356 (TCC) (23 December 2022), it was held that the sub-contractor responsible for external walls (including cladding and rainscreen works) was liable for water ingress and building safety defects in three high rise residential properties in Manchester. In the judgment, the judge reviewed the scope of the sub-contractor’s obligations and notably held that the sub-contractor’s strict obligation to comply with statutory requirements (such as those under the Building Regulations) is not superseded by its lower duty to undertake the design in its works with reasonable skill and care.
The key takeaway from this case is that where you have two contract clauses imposing different standards or requirements, the clause imposing the lesser standard should be treated as a minimum requirement.
This is only intended to be a summary and not specific legal advice. If you would like further information or advice, please do contact a member of our team.
