Design Responsibility and Construction Disputes

Design Responsibility and Construction Disputes

3 February 2026

Hosted by HKA 100 Embankment London

Many thanks to the wonderful panel below who took us through the issues concerning design responsibility and construction disputes.

Anneliese Day KC Day KC, Fountain Court Chambers

Paul Jolly HKA Principal at HKA

Mariya Rankin Senior Associate at EvershedsSutherland

The matters discussed, post the Grenfell fire were serious, and included the following.

A need for a formally appointed principal designer. No more passing the buck.

Where does criminal responsibility lie?

Structural fire construction

Cladding

Improving co-ordination and efficiency throughout.
design responsibility matrix.

Videoing a build to later be able to pinpoint where something went wrong. 3D images and site weekly scans

Late changes and use of poorer materials.

Why adjudication does not lend itself to such disputes ( due to the usual fast adjudication turn around).

Need for designer to have specialist skill, if not get specialist legal advice.

Comparison of English Law reasonable care and skill, with stricter civil law

obligations where an absolute obligation to achieve a specific result

exists.

Third Party funding

Insurance and the need for insurers to talk to the government.

Behavioural assessments of future working parties.

The question and answer format allowed for a more fluid, interactive

session. It also allowed the panel to gently inform those of us

unfamiliar which such issues.

Many thanks to all who braved heavy rain, winds and cancelled trains.

Finally many thanks to HKA for hosting, and for the wonderful spread that fuelled us for the journey home.