Expert Witness Journal Issue 68 August 2026 - Flipbook - Page 17
In any event, Sto Germany did not participate in
the proceedings, and so Mulalley obtained a default
judgment against them. The only question left for
the Court was how much could Mulalley claim in
contribution from Sto Germany?
Germany under the BLO) was set at 87.5% of the
costs of carrying out the remedial works.
Commentary
This is another example of BLOs cutting through
companies group structures and insolvency
protections in building safety claims.
The Court noted that notwithstanding Sto
Germany’s failure to engage, Mulalley must prove its
loss or damage by evidence. In this regard, Mulalley
produced evidence from its Commercial Directors
as to the remedial costs incurred and independent
expert evidence as to the reasonableness of these
remedial costs.
Unlike most recent defective cladding cases, where
a building owner has been seeking to recover from
the original contractor, this was a contractor passing
the costs “downstream” to the cladding supplier
after already reaching an “upstream” settlement
with the building owner.
The Court found the remedial costs to be reasonable,
and so next looked to how much Mulalley could
recover in contribution towards these remedial
costs.
The award of 87.5% against the supplier of the
defective cladding system is a good indicator as to
how similar future cases may be decided, however,
each case will turn on its respective facts. As Sto
Germany did not take part in proceedings, they
could not dispute either the reasonableness of
the remedial costs or forward any defence as their
liability. If defended, it’s possible the award would
not have been so high.
In doing so, the Court had to consider both the
seriousness of Mulalley and Sto’s faults, and their
causative relevance. The Court accepted that it
was to adopt a similar approach to that between a
contractor and an architect on the basis that Sto, like
an architect, was responsible for any design defect.
It found that the principal cause of the remedial
works was that Sto had marketed and supplied an
inherently defective cladding system.
This is a developing area, and we will continue to
provide updates as to the various court’s approaches
to BLO’s, contribution orders, and historic cladding
claims.
On that basis, it found that the just and equitable
contribution payable by Sto (and therefore Sto
Mr. Matthew Klinefelter
Delay & Programming Expert
BSc (HONS) IEng, MICE, MCIArb
Matthew Klinefelter is an Expert Witness and Director at Planetal Limited, where he leads
the Delay Analysis & Expert Services team.
Mr Simon Levy
Chartered Building Surveyor
FRICS MAE
Matthew is a seasoned construction expert with over 19 years' experience across a
multitude of sectors. His career has combined practical project delivery with specialist
expert witness appointments across the UK, Europe, USA and the Middle East. With
experience on projects ranging from circa £30,000 to over £250 million, he has acted for
Tier 1 Contractors, Subcontractors, Employers and their legal representatives.
If you need any advice on legal matters relating to property,
or if you require an expert witness to gather factual and impartial
evidence that could help you win your case, then you should
contact the professionals at Simon Levy Associates
on 020 8207 6100.
His expertise is deeply rooted in practical on site delivery experience, having held senior
management roles for both Tier 1 Contractors and Subcontractors before specialising in
expert witness work. This practical background provides a unique perspective, allowing him
to combine sound engineering judgement with technically robust analysis when forming
independent expert opinions.
Matthew has developed a reputation for resolving highly complex delay and disruption
disputes, particularly where conventional approaches alone are insufficient. His
appointments frequently require the development of bespoke or hybrid analytical
methodologies, carefully tailored to the facts, available evidence and complexity of each
commission. This ability to adapt his approach, whilst maintaining independence, technical
rigour and practicality, enables him to deliver clear, well-reasoned opinions that assist
clients, legal teams and tribunals in understanding the true causes and extent of delay.
Contact: Simon Levy Associates
Tel: 020 8207 6100
Mobile: 0780 1698016
Email: sl@simonlevy.net
Fax: 020 8207 6313
Website: www.simonlevy.net
Address
Link House, 49 Theobald Street, Borehamwood
Hertfordshire, WD6 4RT
EXPERT WITNESS JOURNAL
Contact:
Telephone: +44 (0) 1379 770 930
Alternate Telephone: +44 (0) 1379 770 722
Mobile: +44 (0) 7540 533 092
Email: matthew.klinefelter@planetal.uk
Website: www.planetal.uk
15
AUGUST 2026
