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ARTICLE · 26 JUNE 2025

Legal Developments In Construction Law: June 2025

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The Supreme Court has delivered its judgment in the litigation between developers and designers over structural defects in high-rise buildings, some of which were constructed in 2005...

United KingdomReal Estate and Construction
Richard Craven
Richard Craven
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1. Developers win again as Supreme Court rejects a "voluntariness principle"

The Supreme Court has delivered its judgment in the litigation between developers and designers over structural defects in high-rise buildings, some of which were constructed in 2005 (see Court of Appeal judgment in September 2023 update). In dismissing all four grounds of appeal the Supreme Court dealt with some key construction law issues.

The developer's claim against the designers in the tort of negligence was for pure economic loss. There was an assumption of responsibility by the designers to the developers that they would take reasonable care in providing their structural designs, so that buildings constructed on the basis of those designs would not be defective and so cause the developers pure economic loss. On the assumed facts, it was not in dispute that the designers were in breach of that duty of care and that the developers incurred repair costs factually caused by that

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This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.

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