The Remediation of Unsafe Cladding Bill, introduced to Parliament on 14 October 2026, signals a tougher approach to unsafe cladding in residential buildings in England. For contractors and developers, the message is clear: historic cladding and fire-safety work may bring renewed scrutiny, while delays to remediation could carry serious consequences.
The Bill proposes a legal duty on responsible entities to identify, assess and fix cladding issues without delay. The First-tier Tribunal could impose financial penalties of up to £500,000 for failing to comply with a Remediation Order, and obstruction could lead to criminal penalties. The government expects every building over 11 metres with unsafe cladding to be remediated, or to have a clear completion date, by the end of 2029. Third parties such as Homes England or local authorities could step in if those responsible repeatedly fail to act.
This is not the same as a new 30-year insurance policy or a blanket extension of every contractor’s liability. The 30-year retrospective limitation period for qualifying claims under the Defective Premises Act comes from the Building Safety Act 2022. But the practical effect is important: some historic work can remain within reach of claims for much longer than many businesses might expect.
The recent High Court decision in Taylor Wimpey UK v Taylor Woodrow Construction is a reminder that point. The court allowed a new claim over alleged fire-safety defects at Cardiff’s Victoria Wharf to proceed under the extended limitation period, rejecting an argument that it was an abuse of process. It did not decide whether the alleged defects were proved or who was liable. For contractors, though, the case shows why records and insurance arrangements need careful review.
1. Map the historic exposure, not just current contracts
Start with a timeline of relevant projects, design work, refurbishments and remedial work, including the dates each was completed. Identify the role your business performed and the companies involved, such as developers, designers, subcontractors and product suppliers.
The 30-year period does not apply to every construction dispute or every type of work. Whether a claim can proceed depends on the legal basis and facts. But it is no longer safe to assume that an old project is automatically beyond the reach of a Defective Premises Act claim simply because the usual six-year period has passed.
List the professional indemnity policies, insurers and any run-off arrangements that may be relevant to historic work. If your company has merged, changed name or ceased trading, note that too. Seek legal advice on limitation and potential liability; insurance policies need to be reviewed separately because they respond according to their wording and notification requirements.
2. Check PI notifications and cladding exclusions
Professional indemnity insurance is often central to allegations involving design, specification or professional advice. Check the full policy wording for cladding and fire-safety exclusions, sub-limits, retroactive dates, excesses and how defence costs affect the available limit.
A notification clause may require you to tell insurers about a claim or circumstances that could reasonably lead to one. Don’t wait for formal proceedings if you receive a defect report, a request for documents, a demand for repairs or correspondence suggesting a building is unsafe. Give the broker and insurer the information promptly, follow the policy process, and keep a dated record of what was sent and when.
General contractor liability insurance also needs review, but it is not a substitute for PI cover. Public liability may respond to certain third-party injury or property damage claims, while a design or workmanship allegation may raise different questions. Contractors’ all risks cover is generally aimed at insured physical loss or damage during works, not every historic defect claim. The wording, facts and timing matter.
3. Keep the evidence that explains who did what
When a claim arrives years later, the people who managed the job may have moved on and memories can be incomplete. Preserve contracts, drawings, specifications, change orders, inspection records, handover documents, subcontractor agreements and product information. Keep correspondence about design decisions, defects, fire assessments and any remedial recommendations.
Make sure important records are stored securely and can be found by project and date. Your subcontract agreements should clearly set out responsibilities, insurance requirements and document-retention expectations. This does not prevent a claim, but it can help establish the work undertaken, support a response to allegations and assist insurers in assessing the matter.
4. Treat manufacturer recovery as an opportunity, not a guarantee
The Bill proposes a simpler route for developers, contractors and others who have paid to make buildings safe to seek recovery from cladding manufacturers where their products contributed to the risk. That may help parties pursue costs, but recovery will not be automatic. Evidence about the product, its use, the building and the cause of the defect is likely to matter.
Insurers will also want a clear account of the work, payments, agreements and any legal action. Before admitting liability, agreeing a settlement or waiving recovery rights, check the relevant policy and seek appropriate advice. Keep evidence of the products installed and who selected, supplied and approved them.
5. Review cover before the 2029 deadline becomes urgent
The target for buildings over 11 metres means remediation programmes and related deadlines may gather pace. Review cover before taking on cladding, fire-safety or remedial work. Confirm the required limits for PI, public liability, employers’ liability and contractors’ all risks, and check whether the contract requires insurance to continue for a specified period after completion.
Also review your renewal presentation. Describe the work your business actually performs, including any cladding installation, façade work, design responsibility or remediation activity. Make sure policy schedules and declarations are accurate, and ask your broker to explain exclusions in plain terms. Moyak’s guide to construction contractor insurance and our article on a contractors’ insurance clause that could leave you uncovered are useful starting points.
The Bill is expected to accelerate remediation for around 12,000 residents, while its proposed penalties and recovery provisions sharpen the pressure on those involved. For contractors, the practical next step is to map historic projects, check notification duties and exclusions, and make sure records and current cover match the work being undertaken.
Moyak Insurance Services arranges business insurance for contractors across Essex, Kent and London. Call 01375 392087 or email info@moyakinsurance.co.uk to arrange a cover review.