Contractor Taylor Woodrow has failed to block a fresh claim by house builder Taylor Wimpey to recover around £24m in costs to rectify alleged fire safety defects at seven high-rise apartment blocks in Cardiff.
The High Court rejected the contractor’s argument that the house builder was trying to rerun a dispute already lost in arbitration.
The ruling allows the housing developer to pursue its claim over Victoria Wharf under the Defective Premises Act. It is also seeking a building liability order against the contractor’s parent, Vinci Construction Holding.
The decision does not establish liability for the alleged defects or order either defendant to pay for repairs.
Taylor Woodrow was appointed to design and build the development around 2005, with the blocks completed between November 2005 and July 2008. Fire safety defects were identified following the Grenfell Tower disaster.
An earlier claim by Taylor Wimpey Developments, which employed the contractor, hit the buffers in May 2022 when an arbitrator ruled its contractual and Defective Premises Act claims were out of time.
Just weeks later, the Building Safety Act extended the deadline for historic Defective Premises Act claims to 30 years.
But the change could not rescue the claim already dismissed. A remaining negligence claim failed in March 2024, principally because the arbitrator found Taylor Woodrow did not owe the developer the duty of care alleged.
Taylor Wimpey UK launched separate proceedings in October 2025, relying on its own interest in the development. Its case largely mirrors the earlier allegations over external wall systems, with an additional claim concerning steelwork.
Taylor Woodrow argued this was an abuse of process, accusing the house builder of treating the arbitration as a dress rehearsal.
Mr Justice Pepperall rejected that argument. He found Taylor Wimpey UK had an independent right to bring proceedings and the earlier statutory claim had been dismissed on timing grounds without its merits being decided.
He said: “In my judgment, requiring Woodrow now to address this DPA claim on its merits is not unjust harassment.”
The judge also rejected complaints about the age of the dispute, pointing out that Parliament had expressly extended the period for bringing historic claims.
Individual leaseholders could still pursue their own claims, he added, and it was “just and convenient” for Taylor Wimpey UK to pursue them on their behalf.
The ruling leaves the house builder clear to press ahead with its defects case and its bid for a building liability order against Vinci Construction Holding.
