MARTLET HOMES LTD v MULALLEY & CO LTD

[2022] EWHC 1813 (TCC), Technology and Construction Court, HH Judge Stephen Davies sitting as a High Court Judge, 14 July 2022

Claim for damages in respect of investigating and remedying, by removal and replacement, combustible external wall insulation rendered cladding – Whether cost of providing a waking watch recoverable

The claimant brought a claim against the defendant in which it sought to recover damages of approximately £8 million in respect of costs incurred in: (i) investigating and remedying, by removal and replacement, combustible external wall insulation rendered cladding which had originally been fitted by the defendant between 2005 and 2008 under a design and build contract made in 2005; and (ii) providing a waking watch safe precaution until the cladding had been removed. While the defendant admitted that there were some defects in the cladding, it denied that these defects had caused the need for the complete replacement of the cladding or the need for the waking watch.