- 13 Jan 2025
- •
- 3 min read
How to bring a defective cladding product claim against a manufacturer

Trethowans are currently handling retrospective defective cladding product claims against manufacturers. These claims require a detailed assessment of historic marketing materials produced by manufacturers, along with evidence of misleading statements made to the wider building project team, including appointed architect advisers.
Defective cladding product claims inevitably involve specialist technical evidence, but it is equally important to ensure that historic files, documents, and emails are preserved. These can contain critical evidence in relation to any misleading manufacturer statements.
Retrospective Liability under the Building Safety Act 2022
Section 149 of the Building Safety Act 2022 introduced retrospective liability for cladding manufacturers, extending up to 30 years for works completed before 28 June 2022. For works completed after this date, the limitation period is 15 years. This article focuses on the retrospective liability aspect.
This means that at the time of writing this article, relevant buildings which were completed as far back as 1995 could potentially still be the subject of claims against cladding product manufacturers. This opens the doors for potential claimants, including developers, subsequent building purchasers, and even tenants to affected buildings who have been directly prejudiced by the supply of defective cladding products. Likewise though, and just as importantly, it allows redress for third party professionals (such as architects and designers) who are being held accountable for incorporating defective products into a design in situations where they could not have known the existence (or implications) of the manufacturers’ failures.
How to assess if you have a claim
With the abundance of Building Safety Act insights available online, how can potential claimants (to include those professionals who are looking to pass on a potential liability) determine if they have a claim? While early specialist legal advice is essential, a good starting point is to consider the following questions:
- Does the building qualify? Is it a relevant building with two or more dwellings and at least 11 meters in height or five storeys.
- When were the works completed? Were the works completed, and any misleading statements made, before 28 June 2022? If so, note the 30-year limitation period.
- What type of product is involved? Was the product a cladding system (or a component of one)? This could include panels, insulation, aesthetic materials, or other components. If uncertain, technical evidence may be needed.
- Is the product inherently defective? Was it unfit for its intended purpose?
- Were misleading statements made? Did the manufacturer publish misleading marketing materials or make misleading statements? Preserve all historic files, emails, and records from manufacturers, contractors, and professional advisers involved in the project.
- Did the product comply with the relevant requirements? Compliance depends on when the product was supplied. For products supplied after 31 December 2020, different requirements apply due to the UK’s departure from the EU.
- Was the building or dwelling unfit for habitation? As a result of the issue with the cladding product, was the building, or a dwelling within it, unfit for habitation? This can be the sole cause, or just one of the causes. The Technology and Construction Court has established that failure to meet the Building Regulations requirements for fire safety will render a building unfit for habitation.
Next steps
These questions provide an initial framework for potential claimants, and also for third party professionals (such as architects and designers) considering contribution claims against manufacturers However, seeking specialist legal advice at the earliest opportunity is crucial. At Trethowans, we excel in working with claimants to conduct thorough historic document reviews and build strong cases for defective cladding claims. We liaise with original project advisers and contractors as necessary to gather evidence.
Should you wish to discuss any retrospective defective cladding claims, Trethowans’ specialist construction dispute resolution team is here to help.

Disclaimer
This information is intended for general informational purposes only and does not constitute legal advice. We recommend seeking professional advice before taking any action on the information provided. If you would like to discuss your specific circumstances, please feel free to contact us on 0800 2800 421.