Overview

As the Grenfell disaster demonstrated, the results of building defects can be catastrophic. While the civil law provides a range of potential remedies to those affected by the consequences of defects – whether they are those who paid for the work, those who occupy the premises or those who have to pay for remedial work – the availability of those remedies very much depends on the particular circumstances in which the work was carried out.  This book takes the reader through the duties and remedies available, explaining where they are applicable and the potential difficulties involved. A particular feature is explanation of why the law has reached its current position, which can sometimes seem perplexing at first sight. The effect of recent statutory reform is covered in detail, and all the leading cases are considered. By tracing the development of the law, particularly statutory intervention, the author shows that difficult issues remain to be resolved, particularly in relation to limitation and to the existence and nature of any concurrent duty owed by contractors as opposed to construction professionals. In addition, he takes the view that it is by no means clear that some of the concerns expressed by the Grenfell Inquiry will be laid to rest by the reforms that are in the process of being introduced under the provisions of the Building Safety Act 2022. The book provides a reliable and helpful guide to all those involved with such claims, particularly in relation to practical considerations such as expert evidence and the respective merits of the various available dispute-resolution procedures.

Full Product Details

9781916749610

Table of Contents

Reviews

“This is an excellent book: clearly written and comprehensive. I enjoyed it all, but certain chapters were particularly impressive. The introductory chapter, which gives a masterly overview of the changing face of defects claims in the last 50 years, should be recommended reading for anyone thinking of practicing in this area of law. Chapter 4 on ‘Warranties’ highlights the unsung importance of warranties in the construction context, while Chapter 7 on ‘Claims Under the Building Safety Act’ will be of enormous assistance to everyone as they learn to navigate their way round this long and complex piece of legislation. And then, in Chapter 9 on ‘Insurance Claims’, there is an invaluable dissection of the different insurance arrangements that can come into play when defects are discovered. Every construction lawyer – without exception – will need to buy a copy.” — Lord Justice Coulson “Darryl Royce’s book on building defects is an original and authoritative commentary on what is, sadly, the perennial problem of the UK construction industry, as most recently expressed in the report on the Grenfell Tower Inquiry. The book guides the reader through the increasingly dense and complex field of legal remedies – extending to insurance – and includes coverage of cases from other common law jurisdictions. Building Defects Law is to be welcomed as providing an unusual and impressive level of detailed commentary on the authorities which make up the body of construction law.” — Professor John Uff KC, founding director, Centre of Construction Law & Dispute Resolution, Kings College London “Labelling a problem with a building (or with another work of construction) as a defect is usually a step towards a hoped-for form of redress against a person or entity responsible for that defect, whether that is ‘the builder’, designer, seller, landlord, warranty provider or insurer. Doing so and then identifying the possible next steps towards an effective remedy and the legal and other obstacles that may lie in the way (including adequate expert evidence to support a claim) is not straightforward. Darryl Royce’s excellent new book explores in depth the routes (contract, tort, statute and more) that may lead to an answer in English law and the procedural aspects of each, generously supported by references to standard form contracts, case law and statutory material, including the new possibilities under the Building Safety Act 2022.” — Philip Britton LLB BCL, co-author of Residential Construction Law (Hart Publishing, 2025)

Author Information

Darryl Royce, BA, Barrister of Gray’s Inn, is a member of Atkin Chambers. He is a contributing editor to Hudson’s Building & Engineering Contracts and to Knight’s Guide to Building Control Law & Regulations. Darryl also edits the Technology & Construction Law Reports in the 'Construction Law Journal'. His book, 'Adjudication in Construction Law', is now in its second edition (2023). Darryl was one of the 12 founder members of the SCL (Society for Construction Law).

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