Expert Witness Journal Issue 63 October 2025 - Flipbook - Page 114
Recent Case Laws Relating to the
Defective Premises Act 1972: Its Impact
on Contractors and Consultants
by Antony Davis, BA(Hons), DipArch, ARBUK, RIBA, PCGHE, MSc (Construction Law)
& Joan Kennedy, BSc(Arch), MSc (Bldg Science), MSc (Construction Law), FCIArb, FPIArb,
AMAE, UAP
Introduction
Limitation Period and Time Bar Issues
for Claims
1
The Building Safety Act 2022 (BSA 2022) (which
gained Royal Assent on 28 April 2022), has had a
signi昀椀cant impact on liability around the design
and construction process. One of the changes
brought about by the BSA 2022 is the change in
the limitation periods to bring a claim under the
Defective Premises Act 1972 (DPA). This legislative
change has prompted claims under the DPA (which
would have been time-barred pre-BSA 2022), where
claims in contract and tort2 are time-barred.
Vainker v Marbank [2024]
In Vainker v Marbank, Mrs Vainker the homeowner,
and SCd the architect, entered into contract in 2011
for Royal Institute of British Architects (RIBA)
work stages E to L.11 Even though the contract was
not signed, Mrs Vainker paid SCd (around October
2011) for services with respect to Stage E works.12
The view of Mrs. Justice Je昀昀ord DBE (the Judge) was
that a signature is not a pre-requisite for a concluded
contract and that the conduct of Mrs Vainker in
asking and paying for SCd’s services was su昀케cient to
con昀椀rm acceptance of a contract.13
The recent UK Supreme Court and High Court
decision on URS v BDW [2025] UKSC 21,3 and
High Court decisions on Vainker v Marbank [2024]
EWHC 667 (TCC)4 and BDW v Ardmore [2024]5
provide new guidance on DPA claim outcomes
within the Courts and their potential impact on the
UK construction industry.
During the course of the works (between 2013 and
practical completion on 15 May 2014) Mrs Vainker
complained about the brickwork 昀椀nish and water
ingress at the property.14 The Judge found that
Mrs Vainker’s claim against SCd, with respect to
breach of contract based on SCd’s design and / or
inspection around these areas, was time-barred as all
the relevant breaches occurred well before practical
completion and therefore more than six years before
the commencement of proceedings15 in 2020.
Relevant Limitation Periods Overview
The Limitation Act 1980 (LA 1980) states the time
limits for bringing actions. An action in tort has a
limitation period of six years from the occurrence of
damage6 or three years from the date of knowledge
if that period expires later than the normal six year
limitation period.7 A simple contract has a limitation
period of six years from the date of breach.8 A
contract under seal has a limitation period of 12
years.9
The Judge also found that the claim in tort in respect
to design and / or inspection was also time-barred
as Mrs Vainker had knowledge of the damage that
was attributable to SCd, in whole or in part, from
late 2013.16 This is more than three years from the
date of knowledge where the period expires later
than the normal six year limitation period.17 The
claimant therefore opted to claim against SCd for
breach under the DPA,18 as the claim in contract and
tort were both time-barred.
The BSA 2022 section 135 (s.135 BSA) inserted
section 4B into the LA 1980, and has retrospectively
increased the limitation period for a claim under
section 1(1) of the DPA (s1(1) of the DPA) from six
years to 30 years from the date on which the right
of action occurred prior to 28 June 2022 or 15 years
where the right of action occurred after that date.10
This legislative change has prompted new claims
under the DPA when claims in contract or tort are
time-barred. This is evident in the background of
the claims brought to the Courts on URS v BDW
[2025], Vainker v Marbank [2024] and BDW v
Ardmore [2024].
EXPERT WITNESS JOURNAL
BDW v Ardmore [2024]
BDW v Ardmore [2024] covered a summary
judgement application by BDW (the Claimant), to
enforce an adjudication decision, requiring Ardmore
(the Defendant) to pay over £14M of damages plus
adjudicator’s costs and expenses after BDW obtained
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