Where a developer, freeholder, contractor or other party may ultimately be responsible for defects, preserve the evidence and pursue that responsibility—but continue to manage the current fire-safety position. Known defects and interim measures should be considered according to risk rather than simply waiting for the commercial position to be resolved.
Separate current risk from ultimate liability
The Responsible Person's fire-safety duties relate to the current premises. Questions about contractual liability, warranties, developer commitments or recovery of costs may be important, but they do not by themselves determine whether an identified defect needs current management attention.
Obtain the complete technical information
If a developer has commissioned fire-door surveys, FRAEWs, intrusive cavity investigations, compartmentation surveys or sample opening-up, obtain the complete reports rather than relying on summaries. The FRA should be reviewed against material findings that affect the building's fire-safety conclusions.
Track responsibility, scope and programme
Record what the developer has accepted, what remains disputed, the proposed remedial scope, the contractor, programme and target dates. Where a developer has signed the government's remediation contract, separate statutory and contractual routes may also be relevant to qualifying life-critical fire-safety defects.
Do not lose sight of functional defects
A wider construction-defect programme can take time. Current functional or maintenance defects—such as a fire door that will not self-close—may require more immediate competent repair or interim management and should not disappear inside a long-term remediation discussion.
Reconcile completed work with the FRA
When remedial work is completed, obtain suitable completion evidence and update the records. Update the action record, retain completion information and review the FRA promptly where the works or later investigation materially change the assessment's conclusions.