Published Saturday 15 August 2026 · By the JustEng team
Two significant English court decisions on Building Safety Act liability, a major US cause determination and an ongoing New York structural investigation lead this week’s forensic round-up — alongside what each development means for forensic engineer recruitment and expert witness hiring.
First ruling on quantifying a BSA contribution claim
In Mulalley & Co Ltd v Sto Ltd and Sto SE & Co KGaA [2026] EWHC 1552 (TCC), the High Court considered for the first time how a contractor’s contribution claim against the supplier of a defective external wall system should be quantified. The claim arose from 2006 refurbishment works at Parkside Court in Chelmsford and was brought under section 149 of the Building Safety Act 2022, with a building liability order also pursued against Sto’s German parent under section 130.
Source: Kennedys construction brief
Hiring angle: Contribution claims of this kind live or die on materials and building physics evidence, and demand for façade and render system specialists who can act as testifying experts has risen sharply. Consultancies building out this capability are competing for a very small pool — see our forensic engineering recruitment desk.
TCC and First-tier Tribunal set out joint case management blueprint
Mr Justice Constable and Judge Siobhan McGrath handed down judgment in Wallace Estates Ltd v Durkan Estates Ltd, giving the first real guidance on managing concurrent TCC and First-tier Tribunal proceedings arising from the same Building Safety Act facts. The dispute concerns a remediation agreement covering relevant defects at Centrillion Point in Croydon.
Hiring angle: Parallel proceedings mean the same engineering evidence is tested twice, in two forums, which lengthens expert engagements and tightens availability. Firms are increasingly hiring associate-level engineers specifically to support expert teams rather than relying on a single named partner.
First decision on Fire Safety Order duties and combustible cladding
Judgment in Essendi UK Hotels 2 Ltd v London Property Company Ltd [2026] EWHC 1354 (TCC) followed a two-week trial in March 2026, with the court finding the defendant in breach of both covenants relied on. It is understood to be the first decision to consider a party’s obligations under the Fire Safety Order in relation to combustible cladding in a commercial setting.
Hiring angle: Extending cladding exposure beyond residential stock widens the client base for fire engineering evidence, and fire engineer vacancies with a disputes bias are among the hardest briefs we run. Candidates who combine FRA competence with report-writing discipline are commanding a premium.
NIST publishes technical findings on Champlain Towers South
NIST released the technical findings of its National Construction Safety Team investigation into the 2021 partial collapse of Champlain Towers South, concluding that the building’s margins against failure were too narrow from the outset. The work included materials testing beneath the site, full-scale replica testing and a revised collapse timeline.
Hiring angle: Findings of this profile reset what counts as defensible practice in structural assessment, and UK practices are recruiting engineers who can apply that standard to ageing concrete stock. Expect renewed candidate demand for structural investigation and testing specialists over the next twelve months.
Eaton Fire cause determined after 18-month expert investigation
Investigators from CAL FIRE and the Los Angeles County Fire Arson Unit concluded on 4 August that electrical arcing on an out-of-service Southern California Edison transmission tower caused the January 2025 Eaton Fire, which killed 19 people. The determination followed an 18-month review supported by retained electrical and metallurgical experts, with video evidence showing brush igniting within twelve seconds of the arcing.
Hiring angle: The case is a reminder that utilities-asset failure investigation is a distinct forensic discipline drawing on electrical and metallurgical expertise, not just structures. Recruitment for these hybrid profiles is intensely competitive, and our forensic engineering salary guide sets out current benchmarks.
New York widens review after Midtown column buckling
An investigation remains open into the buckling of two structural support columns at a Midtown Manhattan office-to-residential conversion on East 42nd Street, first reported to the FDNY on 7 July 2026. The city’s Department of Buildings has since issued dozens of violations following a review of 180 construction sites linked to the firms involved.
Hiring angle: Office-to-residential conversion carries a distinctive structural risk profile, and the same programme is running at scale in UK cities. Engineers with genuine temporary works and existing-structure appraisal experience are exactly who we are headhunting for investigation-led practices.
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