Jurisdiction(s):
United Kingdom

TCC grants anticipatory BLOs against associates and enforces £14.9m adjudication award as a ‘relevant liability’ under BSA 2022: Crest Nicholson v Ardmore (England and Wales)

Published on: 10 April 2026

Published by a LexisNexis Construction expert

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Article summary

Crest Nicholson Regeneration Ltd and others v Ardmore Construction Ltd (in Administration) and others [2026] EWHC 789 (TCC)

What was the background?

The claimants (Crest), comprising developers and leaseholders, issued an application in the Technology and Construction Court before Constable J for building liability orders (BLOs) under sections 130–131 of the Building Safety Act 2022 (BSA 2022) against companies ‘associated’ with Ardmore Construction Ltd (ACL), the design and build contractor on a residential development. Prior to the hearing, ACL entered administration. Crest asserted that ACL was liable for fire safety defects under section 1 of the Defective Premises Act 1972 (DPA 1972) and sought to extend that liability to its associated companies. The application advanced two strands of relief. First, an ‘anticipatory’ BLO rendering the associated companies jointly and severally liable for any liability later established against ACL under the DPA 1972 or arising from a ‘building safety risk’ within BSA 2022, s 130(3). Second, a BLO to enforce an adjudicator’s decision awarding approximately £14.9 million against ACL concerning external wall defects. The defendants accepted they were ‘associates’ for the purposes of BSA 2022, s 131, but resisted both limbs. The central issues...

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