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One grade, the 'PE', is offered where flammability is not a deciding factor in the application, as 'PE' has inherent flame soreading/propogation properties.
The manufacturer knows the 'PE' grade is an inherent, avoidable hazard where flammability is a deciding factor, so also offers an 'FR' grade with some flame retardancy. Seems to me a clear case of 'Duty of Care', and the saving of <£5k has cost >100 lives.
mespilus-
The manufacturer provides a range of grades of cladding each at a given price/specification ratio.
But the manufacturer does not decide which grade of cladding is nailed to the building. The decision as to which grade of cladding used is the one that could possibly be negligent.
I say possibly because their are multiple parties involved in a major building project all involved in the decision and any decision on negligence will depend on each parties exact terms of reference.
fidbod
Its not like its deliberately more flammable. its just not inflammable, for some applications this would be fine. Outbuildings, standalone walls etc. It's not really down to the manufacturer to decide what's used on a project, they just make the stuff.
You don't get Smith and Wesson getting blamed when someone is shot