Vainker v Marbank Construction Ltd & Others [2024] EWHC 667 (TCC). It was probably inevitable that the retrospective extension of time to 30 years for bringing claims under the Defective Premises Act 1972 (the ‘DPA’), introduced by the Building Safety Act 2022, would lead to increased scrutiny of the DPA. Until then, with some honourable exceptions, the DPA had received relatively little attention, no doubt because, in most cases, it presented a more difficult route to ascend up the same mountain as would a claim in contract or tort. All that has now changed … (more)
[David Pliener KC, Gatehouse Chambers, 22 July 2024]
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