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Table of contents

• Background
• The decision
• What is a defect?
• What is a building safety risk?
• Should an RCO be made in favour of a well-informed investor?
• Should an RCO include ‘disproportionate’ remedial costs?
• To which respondents should an RCO extend?
• Implications

Article summary

Construction analysis: Section 124 of the Building Safety Act 2022 (BSA 2022) allows the First-tier Tribunal to make remediation contribution orders (‘RCOs’) where it considers it ‘just and equitable’ to do so. In this Insight, Marcus Birch considers the recent First-tier Tribunal decision in Grey GR Ltd Partnership v Edgewater (Stevenage) and others which provides long-awaited guidance on how the tribunal will apply the ‘just and equitable’ test in fire safety cases involving large numbers of respondents.