How can a claimant recover its losses associated with cladding remediation when the developer no longer exists, or does not have the money to cover the costs? The Building Safety Act 2022 provides two new solutions: Remediation Contribution Orders and Building Liability Orders. These allow claimants to access cash held by companies in the same group as the developer, provided it is "just and equitable". But what does that mean? David Pliener KC and Helena White from Gatehouse Chambers joined Fenwick Elliott Partner Lucinda Robinson to discuss what guidance the courts have given us so far.
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