RIBA Feature: What does the Supreme Court ruling in the case between URS and BDW mean for architects?

A significant judgement from the Supreme Court in the case of developer BDW Trading Ltd (BDW) versus its structural engineer, URS Corporation Ltd (URS), has established a precedent that developers can pursue design consultants (and contractors) under the Defective Premises Act 1972 (DPA) on projects dating back 27 years.

The Building Safety Act 2022 (BSA) extended the DPA limitation period retrospectively to 30 years, but it was not clear until now whether the DPA would apply to recovery actions against designers and contractors. This ruling establishes that a recovery can be pursed against design consultants within the extended limitation period. The judgement was eagerly anticipated because it is the first of its kind relating to these issues under the DPA since the enactment of the BSA.

Joanna Lewis, Partner at international construction and insurance law specialists, Beale & Co, says the ruling also raises issues around the nature of liability under the DPA.

First published by RIBA in June 2025, which you can access here: URS v BDW