Persimmon Homes Limited v Amec Foster Wheeler Group Limited & Ors

Facts

Persimmon Homes Ltd developed a residential scheme at Orwell Quay, Neptune Marina, Ipswich, about twenty years ago. The First Defendant, AMEC Foster Wheeler Group Ltd, carried out the works under a design and build contract, and practical completion was achieved in 2006. After the Grenfell fire, the management company investigated fire safety at the development. It found defects in the external walls and in the internal compartmentation, said to give rise to a risk to life and safety. Remedial works were carried out under a settlement agreement, and Persimmon alleges that it incurred costs of £17,716,106.74. Persimmon claims those sums from the contractor under section 1 of the Defective Premises Act 1972. Against the Second and Third Defendants it seeks building liability orders under section 130 of the Building Safety Act 2022, in case the First Defendant cannot pay. The Particulars of Claim pleaded the external wall defects wall type by wall type, identifying the blocks affected and the breaches of the Building Regulations and Approved Document B relied on. The internal defects were pleaded in five categories, plus defects to the AOVs and dry risers, with an appendix giving examples only. At the case management hearing the Defendants asked the court to order a full Scott schedule. According to the Claimant's counsel, the Defendants had raised this request for the first time only days before the hearing.