We begin with our usual round up of the latest Building Safety news. Responsibility for fire safety has now transferred to Ministry of Housing, Communities and Local Government (MHCLG), delivering one of the key recommendations in the Grenfell Tower Inquiry's Phase 2 report. MHCLG has promised to publish quarterly updates documenting their progress with the recommendations as well as performance data for the Building Safety Regulator.
This quarter we also have a special feature focussing on the state of cladding remediation in Scotland.
Also on the topic of building safety, we review the much anticipated Supreme Court judgment in URS Corporation Limited v BDW Trading Limited. The judgment provides guidance on the duties owed, it also provides clarification on the extended limitation periods introduced by the Building Safety Act 2022, the application of the Defective Premises Act 1972 and the circumstances in which a claim for contribution can be made under the Civil Liability (Contribution) Act 1978.
We report on the decision in Jaevee Homes v Fincham where parties entered into a construction contract via an exchange on WhatsApp. We also look at the scope of an architect's duty in Vistoe Ltd v Waugh Thistleton Architects.
Finally, we consider some of the recent case law on use of GenAI in the legal profession, which provides important reminders to us all regarding the need to check and review GenAI work.
Latest developments under the Building Safety Act 2022 – Q2 2025 update
In this quarterly update, we aim to summarise the latest publications and round up developments in Building Safety news since our March 2025 update.
Cladding remediation in Scotland: an update (Q2 2025)
Earlier this month, the Scottish Government published the Cladding Remediation Programme's latest estimates of the number of residential buildings in Scotland where remedial works may be required to reduce external wall system and life safety fire risks.
Supreme Court upholds wide range and intent of the BSA (and its impact on the DPA 1972) - URS Corporation Limited v BDW Trading Limited (2025)
The Supreme Court decision in URS Corporation Limited v BDW Trading Limited constitutes a veritable feast.
Can a WhatsApp or text message form a legally binding contract?
In Jaevee Homes Ltd v Fincham (t/a Fincham Demolition) [2025] EWHC 942 (TCC), the Court found that an exchange of WhatsApp messages formed the basis of the contract between parties.
An Architect's tale of rotten timber (and Claimant's rotten luck)
Vitsoe Ltd v Waugh Thistleton Architects Ltd [2025] EWHC 850 (TCC) considers the scope of an Architect's duty in respect of Cross Laminated Timber ("CLT") and the need to adequately protect it from moisture.
AI hallucinations hit the High Court
Generative Artificial Intelligence ("GenAI") continues to have a profound impact on the legal industry. While many practitioners are still getting to grips with the various new technologies which promise to improve efficiency, recent developments highlight the dangers of overreliance.
