000			01969nas a22002297a 4500
007			ta
008			231129s2023 xxk||||os||||o00| 0 eng d
041			_aeng
245			_aURS Corporation v BDW Trading Ltd
260			_a[2023] EWCA Civ 772, _bCourt of Appeal _c5 July 2023
520			_aIn 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			_aBUILDING SAFETY ACT 2022
650			_aCIVIL LIABILITY (CONTRIBUTION) ACT 1978
650			_aDEFECTIVE PREMISES ACT 1972
650			_aDEFECTIVE WORKS
650			_aLIABILITY
650			_aPROPERTY DEVELOPERS
650			_aRESIDENTIAL PROPERTY
651			_aUnited Kingdom
856			_uhttps://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2023/772.html _zAvailable on BAILII
856			_uhttps://ww3.rics.org/uk/en/journals/built-environment-journal/defect-cost-rectification-claims.html _zArticle about the implications of the case in RICS Built Environment Journal
999			_c121721 _d121721