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Legal Notes: Grenfell Fire report hammers U.K. construction

John Bleasby
Legal Notes: Grenfell Fire report hammers U.K. construction

Seven years after the death of 72 residents in the horrific Grenfell Tower apartment fire in London, U.K., the long-awaited of the Grenfell Inquiry was released in early September. It spans seven volumes, over 1,600 pages and more than 1,500 witness statements.

The inquiry鈥檚 purpose was to determine which elements of the 2015 Grenfell Tower鈥檚 exterior refurbishment allowed the fire鈥檚 rapid spread.

It asked the question, 鈥淗ow was it possible in 21st century London for a reinforced building, itself structurally impervious to fire, to be turned into a death trap that would enable fire to sweep through it in an uncontrollable way in a matter of a few hours despite what were thought to be effective regulations designed to prevent just such an event?鈥

The report assigned responsibility across all project players.

Overall, the 鈥渁bsence of formality鈥 in contractual relations resulted in casual behaviour that was described as a 鈥渞ecipe for disaster.鈥 This allowed the development of an 鈥渦nedifying merry-go-round of buck-passing鈥 among those involved in the Grenfell refurbishment.

To start, the government was criticized for 鈥渄ecades of failure鈥 to investigate the dangers of combustible materials and to take preventative action. The report said the Department for Communities and Local Government was 鈥減oorly run鈥 and was 鈥渄efensive and dismissive鈥 concerning fire safety issues.

A 鈥渟ignificant degree鈥 of responsibility was attributed to the project architects, Studio E. The firm had specified the combustible ACM cladding system used on the tower鈥檚 exterior, later found to bear primary responsibility for the spread of the fire.

The U.K. construction industry and various supervisory agencies were slammed in the Grenfell Inquiry Phase 2 Report.
NATALIE OXFORD/WIKIMEDIA COMMONS – The U.K. construction industry and various supervisory agencies were slammed in the Grenfell Inquiry Phase 2 Report.

鈥淚ts failure to recognize that ACM was dangerous and to warn the TMO (Kensington & Chelsea Tenant Management Organisation) against its use represented a failure to act in accordance with the standard of a reasonably competent architect,鈥 the report said. Studio E closed in 2020.

Criticism was also levelled at the project鈥檚 main contractor, the fa莽ade engineering advisers, and the fire consultancy. All fell short of the professional expectations associated with their responsibilities.

Even the TMO itself 鈥渕ust also bear a share of the blame.鈥 It had, 鈥渇ailed to take sufficient care in its choice of architect and paid insufficient attention to matters affecting fire safety, including the work of the fire engineer.鈥

And of course, there was Arconic, Celotex and Kingspan, manufacturers of the rain screen cladding and insulation products used in combination on the Grenfell exterior. Each was complicit for the 鈥渟ystematic dishonesty鈥 of their testing and marketing methods.

Arconic apparently had data showing its Reynobond 55 PE rain screen in cassette form could react dangerously to fire.

Celotex had 鈥渆mbarked on a dishonest scheme to mislead its customers and the wider market鈥 in an effort to promote its combustible polyisocyanurate foam insulation RS5000 into the highrise insulation market.

Kingspan was found to have spread falsehoods in the marketing of its K15 insulation product.

Test bodies, specifically the British Board of Agreement, the Local Authority Building Control and the Building Research Establishment, were criticized for allowing dangerous products on the market.

The British construction industry was braced for a harsh assessment ahead of the report鈥檚 release.

Mark Reynolds is co-chair of the U.K.鈥檚 Construction Leadership Council and also chief executive of the Mace Group, one of Britain鈥檚 largest construction firms.

In the issued in August, Reynolds said since the Grenfell fire, 鈥淭he industry has taken its responsibilities seriously.鈥

While claiming 鈥渟ignificant progress has been made by many people across all parts of the sector,鈥 he admitted that despite meaningful change, 鈥渨e recognize that this isn鈥檛 enough.鈥

The inquiry did not rule on any legal liability. However, the report鈥檚 findings may form the basis of further legal action, the consequences of which remain to be seen. According to the Metropolitan Police and Crown Prosecution Service, charges are likely, although not until late 2026.

In the meantime, British Prime Minister Keir Starmer companies named and shamed in the Grenfell Inquiry report will not be handed government work in the future.

John Bleasby is a freelance writer. Send comments and Legal Notes column ideas to editor@dailycommercialnews.com.

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