A lot has already been written about the outcome of the Martlet Homes vs Mulalley case. As the dust settles, we discuss below the potential wider impact of the decision on other building safety claims.

Wider impact?

First, it’s important to remember that this is a first instance decision of the Technology and Construction Court which could be the subject of an appeal. Secondly, it’s equally important to note that Martlet’s claim was for breaches of a bespoke contract concerning a building with its own design, configuration and construction. The decision could be distinguished and so it would be careless to think of it as a silver bullet. That aside, the judgement does confront key themes which are common to many building safety claims:

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