The impact of section 135 of the Building Safety Act 2022 on construction litigation

The decision of the Supreme Court in URS Corporation Ltd v BDW Trading Ltd [2025] UKSC 21 is one of considerable significance for the construction industry. It was held that the duty of care which the defendant owed to the claimant extended to the cost of repairs which had been carried out by the claimant notwithstanding the fact that the claimant was at the time under no legal obligation to carry out these repairs. The claimant was also held to be entitled to rely on section 135 of the Building Safety Act 2022 in order to extend the limitation period. It was further held that the claimant, as a developer, was entitled to rely on section 1 of the Defective Premises Act 1972 and that it was entitled to seek a contribution from the defendant despite the fact that there had been no judgment between the claimant and the third party and no third party had ever asserted a claim against the claimant. Having answered these questions of principle the case can now proceed to the trial of the action where issues of legal causation and mitigation can be dealt with in the light of the facts as they are established at trial.