Thread by @andrewjteacher

THREAD - LANDMARK RULING – This exclusive @GeorgeNHammond in @ftweekend is a significant step forward to justice following #Grenfell. The ruling sets a principle that construction contractors can be held accountable... 1/11 @GrenfellUnited @officialJ4G 1/ ft.com/content/bb964f…

2/11 ...for the remedial costs of removing dangerous cladding.The 92 page Approved Judgment in Martlet Homes Limited v. Mulalley and Co Limited [2022] EWHC 1813 (TCC) can be found here on the National Archive lnkd.in/e3buUGqV

3/11 Thursday’s landmark ruling confirmed that Mulalley & Co, fitted defective cladding that risked the safety of hundreds of people living in four towers in Portsmouth.
The High Court agreed with Hyde that...

4/11 ...the contractor’s design AND workmanship were defective, in breach of contract, and that the cladding system installed did not comply with the Buildings Regulations. AT THE TIME. This is key.

5/11 The High Court also endorsed Hyde’s choice of remedial scheme and agreed that Hyde is entitled to recover the cost of that scheme and of the related waking watch from the contractor.

6/11 While the final amount of damages has yet to be assessed, Hyde is confident it will recover the majority of the £8 million it claimed. In total, Hyde has spent £80m on fire remediation works since 2017.

7/11 Andy Hulme, Hyde’s CEO, said: “This is a landmark ruling for the industry that draws a line in the sand and establishes that the costs of defective work must be borne by those responsible for it...

8/11 "We have not re-charged leaseholders for the costs of any major fire safety works or ‘waking watch’ measures to date. Millions of people are still being affected by the cladding crisis. The costs of that crisis across the UK have been for too long borne by residents...

9/11 "...the taxpayer and by the poorest people in society who are seeing affordable housing budgets cut to cover the costs of making homes safe. This case is a welcome step forward in helping right the wrongs of the past...

10/11 "And it will hopefully mean that remedial works can be commenced more swiftly and damages sought for remedial works are more likely to be settled out of court with less delay...

11/11 “As a not-for-profit housing association, we will continue to work hard to provide safe and decent homes for those who desperately need them and help tackle the housing crisis in London and the South of England.”