A recent Supreme Court ruling has sent shockwaves through the construction sector. Developers now have a stronger legal footing to pursue contractors and consultants for historic defects.
On paper, that looks like a win. Finally, the ability to recover costs when poor workmanship or bad advice comes back to bite years later. But here’s the catch: you only win if you can prove exactly who was responsible.
Why it matters
The case involved BDW, who took action against their engineering consultants after defects surfaced in major residential schemes. The Court agreed developers should not be left paying the bill for someone else’s mistakes.
That sets a new tone across the industry. Liability doesn’t fade quickly. Legacy defects can resurface long after practical completion, and the responsibility can still find its way back to the project team.
The hidden risk
While developers might cheer the ruling, there’s a flip side. Legal battles like this hinge on one thing – evidence. Without a clear record of what was agreed, when it was done, and who signed off, you could still end up carrying the cost.
Paper trails get lost. Emails vanish. Spreadsheets aren’t enough when a defect worth millions is on the line.
How to protect your projects
The message is clear: track everything. From design sign-offs to site changes and aftercare issues, you need a system that builds proof as you go.
That’s where digital platforms come in. Ubrix is designed to give developers, contractors, and site teams one shared record of the build. Every update, every action, every defect logged in real time. So if questions are raised years later, the evidence is already there.
Final thought
The Supreme Court has shifted the balance. Developers can push liability back down the chain, but only if they’ve got the receipts. In a world where risk lasts longer, tracking isn’t admin – it’s insurance.
View more at – https://mhclgmedia.blog.gov.uk/2025/06/19/landmark-ruling-reinforces-that-those-responsible-must-pay-for-building-defects/
