URS Corporation v BDW Trading Ltd (Record no. 121721)

MARC details
000 -LEADER
fixed length control field 01969nas a22002297a 4500
007 - PHYSICAL DESCRIPTION FIXED FIELD--GENERAL INFORMATION
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fixed length control field 231129s2023 xxk||||os||||o00| 0 eng d
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 ## - TITLE STATEMENT
Title URS Corporation v BDW Trading Ltd
260 ## - PUBLICATION INFORMATION
Place of publication [2023] EWCA Civ 772,
Publisher Court of Appeal
Date 5 July 2023
520 ## - ABSTRACT
Abstract In a claim brought by a developer for the defective design of a tower block where no physical damage had occurred, the designer owed the developer a duty of care notwithstanding that the developer had sold the individual flats before the design defect was discovered. The cause of action for economic loss accrued at the time of practical completion, when the defective structural design had been irrevocably incorporated into the buildings. There was nothing to prevent the developer from bringing a further claim against the designer under the Civil Liability (Contribution) Act 1978 s.1(1), even though no claims had been brought against the developer by the purchasers of the flats. The ruling has made it easier for developers of residential buildings that have incurred costs in remediating unsafe dwellings to recover such costs from those that carried out the defective works. Confirms that the extended limitation periods introduced by the Building Safety Act 2022 have retrospective effect, and apply even to claims that are already the subject of live proceedings.
650 ## - KEYWORDS
Keywords BUILDING SAFETY ACT 2022
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Keywords CIVIL LIABILITY (CONTRIBUTION) ACT 1978
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Keywords DEFECTIVE PREMISES ACT 1972
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Keywords DEFECTIVE WORKS
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Keywords LIABILITY
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Keywords PROPERTY DEVELOPERS
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Keywords RESIDENTIAL PROPERTY
651 ## - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name United Kingdom
856 ## - ONLINE RESOURCE
Uniform Resource Identifier https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2023/772.html
Public note Available on BAILII
856 ## - ONLINE RESOURCE
Uniform Resource Identifier https://ww3.rics.org/uk/en/journals/built-environment-journal/defect-cost-rectification-claims.html
Public note Article about the implications of the case in RICS Built Environment Journal
Holdings
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