Michael O'Connor writes for Construction News on the potential impact of Building Liability Orders (BLOs) on the construction sector
The Building Safety Act 2022 (BSA) imposed new rights and obligations on the construction sector and owners of residential buildings. It also introduced new routes of recovery for parties affected by defects to residential buildings, with Remediation Contribution Orders (RCOs) and Building Liability Orders (BLOs) having the potential for the greatest impact.
Michael O'Connor, Partner in our Construction, Engineering & Projects team explains in an article for Construction News that arguments are being heard and tested in many of the current cases being heard in the courts and First Tier Tribunal. Mike argues that these cases will be critical in determining how BLOs will be applied in the future and how this will impact the construction sector more broadly.
Michael goes on to explore the arguments being run by the Galliford Try group of companies in its defence to claims brought by Taylor Wimpey concerning alleged defects in properties at Rope Quays, Hampshire, explaining that this is an important case for seeing how such questions around BLOs are answered. He concludes:
The scope and extent of the changes introduced by the BSA will undoubtedly lead to a substantial amount of case law seeking clarification and interpretation of the Act as to the rights and obligations it imposes.
"The industry will have to grapple, understand and accommodate any new decisions, and it would not surprise me if cases are being heard 30 years from now on the interpretation the rights and obligations of parties under the act.
Read the full article in Construction News here.
