Property Disputes analysis: This is the first High Court case to hold that defective works by a developer gave rise to a ‘relevant liability’ as a result of a ‘building safety risk’ under section 130(3)(b) of the Building Safety Act 2022 (BSA 2022), paving the way for the claimant right to manage company (RTM Co) to apply at a subsequent hearing for a building liability order (BLO) against the parent company of the insolvent developer. The Technology and Construction Court (TCC) gave guidance on the procedure for seeking a BLO. Further, the RTM Co was, under an agreement to purchase the property, able to recover against the developer and by extension against the parent company as guarantor, all of the individual leaseholders’ losses for...
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