Search

How can we help?

Icon

Claiming for the cost of replacing cladding   

Much attention and concern has focussed on the use of combustible cladding in high rise buildings since the Grenfell Tower tragedy in 2017 where a fire destroyed the  24-storey block of flats in North Kensington and 72 people died. This prompted an independent review of building regulations and fire safety and local governments have investigated other tower blocks to find those that have similar cladding. Efforts to replace the cladding on these buildings are ongoing. The recent Technology and Construction Court  TCC decision in Martlet Homes Limited v Mulalley & Co Limited is the first occasion where the Court has considered a claim for the cost of replacing such cladding.   

Martlet’s was the owner of five 1960s tower blocks. Mulalley, as design and build contractor, had installed StoTherm Classic (external wall insulation comprising expanded polystyrene) as part of refurbishment works in 2005.   

Following the Grenfell Fire, Martlet replaced the cladding with non-combustible stone wall insulation and instituted a ‘waking watch’ until these works were completed.  It successfully claimed from Mulalley the cost of the works, totalling approximately £8 million. 

Martlet’s claim included: 

  • Mullalley’s installation of the cladding system and its cavity barriers was defective 
  • The use of StoTherm Classic did not meet the fire standards in place at the date of the contract 

The judgment is particularly timely in the light of the extended limitation periods and causes of action introduced by the Building Safety Act 2022, which may open the door to other similar claims. 

Both claims succeeded.  Although every claim will be decided on its own facts and merits, the decision gives a helpful indication of the principles that the Court is likely to apply in other cladding disputes. 

  • The Building Regulations 2000 included an obligation for external walls to resist the spread of fire, taking into account the height, use and position of the building 
  • A British Board of Agrément certificate is not a guarantee of compliance with Building Regulations 
  • An action can still be negligent even it was common practice in the industry at the time 
  • The cost of a waking watch is reasonably foreseeable and likely to awarded as a separate head of loss 

The judgment is particularly timely in the light of the extended limitation periods and causes of action introduced by the Building Safety Act 2022, which may open the door to other similar claims.   

 

 

About this article

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

About this article

Read, listen and watch our latest insights

art
  • 02 July 2025
  • Employment

Day One Rights: What the New UK Employment Bill Means for You and Your Workplace

Let’s unpack what’s changing in the UK Employments Rights Bill, and why it matters, and what both employees and employers should expect.

art
  • 01 July 2025
  • Privacy and Data Protection

Data protection compliance: tricky issues for employers

This article highlights key issues organisations may face when processing personal data and stresses the importance of a proactive approach. It also outlines tailored training packages to support compliance and build internal expertise.

art
  • 26 June 2025
  • Employment

A shift in EHRC guidance on single sex spaces in the workplace

In a recent significant shift, the Equality and Human Rights Commission (“the EHRC”) has quietly amended its guidance on single sex spaces in the workplace.

art
  • 25 June 2025
  • Immigration

Immigration Changes in Statement HC 836 – what do they mean?

The UK government has released its latest Statement of Changes to the Immigration Rules (HC 836), with shocking implementation dates throughout July 2025.

art
  • 20 June 2025
  • Privacy and Data Protection

Data Protection reform receives Royal Assent: What is the Data (Use and Access) Act 2025 (DUAA) and what it means for your business

The UK’s data protection framework is about to undergo its most significant change since the UK GDPR came into force. After months of parliamentary debate, the Data (Use and Access) Act 2025 (‘DUAA’) has successfully received Royal Assent.

art
  • 18 June 2025
  • Employment

Pride Month: How Can You Celebrate as an Employer

The UK held its first Pride Parade in 1972, inspired by events held in major American cities following the Stonewall rebellion in New York in June 1969.