New case on the Defective Premises Act 1972

Posted: 25/03/2024

On 25 March 2024, Mrs Justice Jefford handed down judgment in Mr and Mrs Vainker v (1) Marbank Construction Ltd; (2) Mercer & Miller (a firm); and (3) SCD Architects Ltd [2024] EWHC 667 [TCC] in which she found for the claimants, Mr and Mrs Vainker, against the main contractor Marbank and architect SCD (the claim against Mercer & Miller was settled shortly before trial).

The judgment contains an illuminating analysis of issues that can arise under the Defective Premises Act 1972 “(DPA”) such as:-

  • The test under s.1 DPA
  • Limitation;
  • The effect of s.6(3) DPA on ‘net contribution clauses’;
  • The measure of damages for breach of s.1 DPA; and
  • The measure of general damages for distress and inconvenience under s.1 DPA.

The judgment is essential reading for anyone handling a claim against a main contractor and professionals under the DPA, the Building Safety Act 2022 and defects claims more generally.

A note of the Judgment can be found here.

The Judgment is available here.

Daniel Crowley and Kate Legh acted for the successful claimants, Mr and Mrs Vainker, instructed by Charlotte Waters of Fisher Scoggins Waters LLP.


Daniel Crowley

Call: 1990

Kate Legh

Call: 2018


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