Webinar – Differing Perspectives on the Building Safety Act 2022

Agenda

This webinar by Fenchurch Law’s Construction and Property Risks Group will be introduced by Joanna Grant, who leads the group and will feature sessions from Alex Rosenfield, Amy Lacey and Rob Goodship as follows:

Alex will address the new limitation periods for claims under the Defective Premises Act (which will either be 15 or 30 years, depending on when the claim accrued), as well as the new avenues of redress for claimants against (i) manufacturers or suppliers of construction products; and (ii) associated companies of subsidiaries or SPVs who undertook the original building work. The common objective of all of these claims is to ensure that, insofar as possible, leaseholders are not required to foot the bill for the significant costs of remediating defective buildings.

Amy will discuss the impact of the BSA for developers and managers of buildings with historical safety defects, including the “waterfall” approach to remediation costs implemented through industry levies, the Building Safety Fund and restrictions on service charge contributions for qualifying leaseholders.

Rob will round off with a discussion about the potential insurance implications for policyholders operating in the construction sector, focussing on those with emerging liabilities for historic works as a result of the retrospective change to the limitation period under the Defective Premises Act. This will include reference to difficulties policyholders may face under PI and PL policies, and how those difficulties might be managed.

Speakers

Joanna Grant, Partner,

Alex Rosenfield, Senior Associate

Amy Lacey, Partner,

Rob Goodship, Associate Partner,