When a construction product fails - product liability, defects and the forthcoming Product Liability Act

In the upcoming webinar organised by Plesner’s construction law network, Conversations on Construction, we will focus on product liability in the construction industry and on the new Product Liability Act, which implements the EU’s new product liability rules and comes into force in December 2026.

Product liability raises a number of specific issues in the construction industry, where products and components typically form an integral part of a larger structure. If, for example, a defective roof membrane causes damage to the rest of the roof structure, or a component in a façade element fails, who then bears the cost? And can the contractor, who is liable to the client, seek recovery further down the supply chain?

In this webinar, we will review the key product liability rules, with a particular focus on the issues that arise in construction and civil engineering projects. We will also take a closer look at what changes the new Product Liability Act brings and what industry players should already be aware of.

Among other things, we will highlight:

• The distinction between product liability and general liability for defects and contractual liability – including the distinction between damage to the product itself and damage to other parts of the building.
• Case law-based product liability.
• Who may be held liable within the often lengthy supply chain, stretching from the manufacturer and importer through the supplier and contractor to the client – and the rights of recourse.
• The key changes introduced by the new Product Liability Act for the construction industry, including a broader definition of ‘product’, more potentially liable parties and new rules on the burden of proof.
• The implications the new rules may have for contracts, documentation, traceability and insurance cover in the construction industry.

As usual, the webinar is aimed at anyone working with construction law issues who wishes to gain practical insight into an area that may have significant implications for clients, contractors, consultants, manufacturers and suppliers alike.

Speakers

• Frederik Lenskjold Olsen, Attorney-at-Law, Partner
• Tobias Heinel-Yde, Attorney-at-Law, Director
• Signe Binderup Thykjær, Attorney-at-Law