A Labour MP has warned that proposed cladding legislation could shift remediation liabilities onto main contractors if costs are not recoverable from specialist subcontractors and suppliers. The concern is that this could create financial strain and potentially trigger contractor failures while building safety remediation remains unresolved.
The article examines the expanding use of building liability orders (BLOs) under the Building Safety Act 2022, which can extend liability for building safety defects beyond the directly responsible company to associated entities. Recent Technology and Construction Court decisions suggest the courts are taking a purposive approach, with the scope of BLOs likely to continue developing through further cases and appeals.
The article argues that blockchain and smart contracts could improve traceability, accountability and record-keeping in construction, particularly for safety-critical materials and compliance data. It links this to the post-Grenfell push for better information management, including the golden thread requirements introduced in England in October 2023.
