13 Accepted

Product manufacturers found to have been criminally responsible for defective products extending back 30 years...

Conclusion
Product manufacturers found to have been criminally responsible for defective products extending back 30 years must be legally required to automatically replace faulty materials free of charge, including compensating others who have already paid to replace the materials in question.
Government Response Summary
The government states that the Building Safety Act introduces provisions for construction products companies to contribute to remediation costs, including a new cause of action and powers to make costs contribution orders, and that it is establishing a Recovery Unit to pursue firms that have failed to do the right thing.
Paragraph Reference
32
Government Response
Accepted
HM Government Accepted
The Building Safety Act introduces a range of provisions related to construction products . These are intended to require construction products companies to contribute towards the cost of putting right building safety defects that they have contributed to causing. First, we are introducing a new cause of action that will provide an additional route for redress. It will enable a party who has suffered a loss to bring civil claims against manufacturers or suppliers of construction products that are defective, mis-sold, or in breach of existing construction product regulations. If these products have been incorporated in a dwelling, and they have caused or contributed to a dwelling being unfit for habitation, then relevant parties will be able to seek compensation. We are also creating a power in the Act to make regulations that would allow the Secretary of State to make a costs contribution order or apply to the court for an order to be made, to require construction products manufacturers, their authorised representatives, importers and distributors (‘economic operators’) to contribute towards the cost of remediation works. The Secretary of State would be able to use this power following a successful prosecution for non-compliance with construction products regulations, where the relevant product has caused or contributed to dwellings being unfit for habitation. Cladding and insulation manufacturers are yet to accept their share of responsibility and come forward with a proposal. We will do whatever it takes to make sure that construction product manufacturers are held to account through the powers in the Building Safety Act. We are establishing a new Recovery Unit that will pursue firms that have failed to do the right thing, including through the courts. Other powers will also be carefully considered to make sure that there are significant commercial and reputational consequences for those firms that have not stepped up.
Addressee Bodies
Ministry of Housing, Communities and Local Government
Timeline
Recommendation age 4.2 yrs
Report published 11 Mar 2022