Abstract
The main issues arising from the considerations on latent defects liability in the Latham Committee consultation paper pertain to: joint and several liability; limitation periods and prescription of actions; and transfer of clients′ rights. The Government is reluctant to bring about compulsory insurance and this is considered justifiable. Discusses the reasons. It is considered that an improved voluntary system is the only and better way forward. Positive steps should be taken by the Government to put in place equitable conditions under which a voluntary and improved building users′ insurance against latent defects cover can emerge.
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