Our Take on the Supreme Court’s Landmark Decision

Published: 08/06/2025

In a landmark ruling, the Supreme Court has sided with Barratt Redrow in its case against structural engineer URS, clearing the way for developers to claim back costs from consultants and designers for defects requiring remediation, regardless of whether the developer still owns the buildings.

This decision has major implications for the UK construction and property sectors. It affirms that developers who take proactive steps to fix safety issues, even voluntarily, can pursue recovery from those responsible, including historic claims under the Defective Premises Act (DPA), now subject to a 30-year limitation period following the Building Safety Act.

Critically, the court ruled that:

Developers can recover losses even when they’ve already sold the properties.
Voluntary remediation doesn’t block recovery.
The extended 30-year period under the DPA applies broadly, including to negligence and contribution claims.
Developers are owed duties under the DPA, not just homeowners.
Remediation can form the basis of a contribution claim, even without formal settlement or judgment.

This pivotal decision removes much of the uncertainty around historical liability and confirms that responsibility doesn’t simply disappear when buildings change hands or developers step up to fix issues. It is likely to influence many ongoing and future disputes relating to building safety and opens the door for recovery from those originally responsible.

In our opinion, it sends a clear message: doing the right thing is not just the ethical approach, it is now legally recognised and protected. Developers who took early, voluntary action to correct defects are no longer at a disadvantage. Instead, they now have clearer legal tools to seek redress from those whose design or construction work caused the issue in the first place.
It also raises the bar for everyone involved in the supply chain.
Those engaged in structural design, specification, and oversight can no longer rely on outdated limitations or technical arguments to shield themselves from accountability.

As a firm that has always taken a diligent approach to quality and compliance, this decision validates the actions of firms like ours that’ve led from the front.

How Harris Associates Can Help

We support clients in identifying potential recovery routes under the DPA and Building Safety Act, reviewing historical appointments and contracts, and preparing robust claims where remediation costs have been incurred.
If your developments have been affected and you’ve undertaken or are considering safety works, we can help you. Our expert team can assess your position, protect your interests, and explore your recovery options to guide you through the next steps.

GET IN TOUCH to find out how we can support you.