The Duty to Warn and the Combustible Cladding Crisis

Much has been written over the years on the application of the so-called “duty to warn” to construction projects. In more recent times, the building industry has been rocked by the combustible cladding crisis. Public inquiries, litigation and building industry reform initiatives have ensued, as stakeholders and regulators look to apportion blame, allocate rectification costs and prevent situations like the Grenfell fire from recurring. So, this presentation will revisit the legal principles that underlie the duty and the case law that has since developed, before considering how it applies to the circumstances that transpired on the Grenfell and Lacrosse buildings. This presentation by Owen Hayford is based on his ‘highly commended’ entry in SoCLA’s 2020 Brooking Prize essay competition.  SoCLA members can access the essay here via SoCLA’s website. More information is available on this flyer. The Zoom link is https://us02web.zoom.us/j/82164933876?pwd=NWgrOUhIUWRhR1Z3WXhzOTRhczhOQT09