URS Corporation v BDW Trading Ltd (Record no. 121721)
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| 000 -LEADER | |
|---|---|
| fixed length control field | 01969nas a22002297a 4500 |
| 007 - PHYSICAL DESCRIPTION FIXED FIELD--GENERAL INFORMATION | |
| fixed length control field | ta |
| 008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION | |
| 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 |
| 650 ## - KEYWORDS | |
| Keywords | CIVIL LIABILITY (CONTRIBUTION) ACT 1978 |
| 650 ## - KEYWORDS | |
| Keywords | DEFECTIVE PREMISES ACT 1972 |
| 650 ## - KEYWORDS | |
| Keywords | DEFECTIVE WORKS |
| 650 ## - KEYWORDS | |
| Keywords | LIABILITY |
| 650 ## - KEYWORDS | |
| Keywords | PROPERTY DEVELOPERS |
| 650 ## - KEYWORDS | |
| 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 |
| Withdrawn status | Lost status | Damaged status | Koha normalized classification for sorting | Not for loan | Home library | Current library | Shelving location | Date acquired | Total Checkouts | Full call number | Date last seen | Price effective from | Koha item type |
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| ONLINE_JUDGMENT | Virtual | Virtual | Online | 29/11/2023 | ONLINE JUDGMENT | 29/11/2023 | 29/11/2023 | Law report |