Wallace Estates Limited v Durkan Estates Limited & Anor

Facts

Wallace Estates Limited is the landlord of Centrillion Point in Croydon, a building subject to a remediation order made by the First-tier Tribunal on 4 January 2024 on the application of the leaseholders under section 123 of the Building Safety Act 2022, requiring Wallace to remedy certain relevant defects within the meaning of section 120 of the Building Safety Act 2022. By a Remediation Agreement dated 1 July 2024, Durkan Estates Limited agreed with Wallace to remedy those defects at its own cost. At a hearing on 24 June 2025 the First-tier Tribunal rejected Wallace's application to extend time for compliance with the completion date in the remediation order, and two days later Wallace served notice purporting to terminate the Agreement, both contractually and at common law, and took over the remedial works. On 29 September 2025 Wallace applied to the First-tier Tribunal for a remediation contribution order under section 124(1) of the Building Safety Act 2022 against Durkan and its parent, Durkan Holdings Limited, currently estimated at £13,586,797.02 inclusive of VAT. Durkan issued proceedings in the Technology and Construction Court on 6 February 2026 seeking a declaration that the termination was unlawful and damages; Wallace counterclaimed, asserting further defects not caught by the remediation order. Both sides applied for joint case management.