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ARTICLE · 24 APRIL 2024

Defective Premises Act 1972: Lessons From Recent Case Law On Defects Claims

Gowling WLG
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In Vainker & Anor v Marbank Construction Ltd & Ors [2024], the Technology and Construction Court (TCC) found the defendants liable under the Defective Premises Act 1972...

United KingdomReal Estate and Construction
Sue Ryan
Sue Ryan
Sean Garbutt
Sean Garbutt
Emma Knight
Emma Knight
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In Vainker & Anor v Marbank Construction Ltd & Ors [2024], the Technology and Construction Court (TCC) found the defendants liable under the Defective Premises Act 1972 (DPA) in respect of certain defects at a residential property.

In reaching her decision, Mrs Justice Jefford DBE made a number of observations about factors that will be relevant when seeking to establish a breach of the duty in section 1 of the DPA. She also provided welcome judicial guidance on the question: can a net contribution clause be relied upon in respect of liability under the DPA?

Background facts

The claimants, Mr. and Mrs Vainker, had engaged SCd (the architect) to design and Marbank (the contractor) to construct a residential property in Twickenham. The claimants commenced proceedings in May 2020, alleging multiple defects in the property.

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