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Property Week quote Michael O’Connor and Carolyn Davies on what extended retrospective liability for defects under the Building Safety Act means for developers

Changes to regulations as part of the Building Safety Act (BSA) mean developers and their contractors can be held liable for safety defects in buildings dating back 30 years for residential schemes, compared with six years under the previous regime. If claims over such defects reach court, developers could have to hunt for records that may have long ceased to exist.

Michael O’Connor, Partner, and Carolyn Davies, Associate, provide comment for Property Week:

"Developers and construction firms will need to consider what they and their associated companies may be exposed to. They will need to assess all developments over the past 30 years, even if the schemes are not directly on their own books.

Any associated companies such as group or parent companies are exposed to potential liabilities through newly created Building Liability Orders, Building Information Orders and Remediation Contribution Orders.

[Developers’ and contractors’] exposure to potential new claims through the act will also require them to consider the extent to which they are able to pass those liabilities through supply chains.”

Read the full article in Property Week here.

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