Construction firm, O'Hare & McGovern (OHMG), has been unable to overturn a high court action for cladding and fire protection-related works at Obel Tower, the tallest residential building in Northern Ireland.
A court order to fix “life-threatening defects” at Belfast’s Obel Tower remains in place as of 16 September 2022, after OHMG was unable to overturn the ruling. This is despite the firm’s lawyers arguing that the contractual obligation had been “invalidly transferred” by the original developer, Donegall Quay Ltd (DQL), which is in liquidation.
preliminary hearing
On behalf of the construction firm, David Dunlop QC said, “The principal contractor is facing an allegation against it in respect of work which it was not solely responsible for undertaking.” A preliminary hearing in June 2022 saw DQL, Obel Management Ltd, and Obel Ground Ltd (the current owners and management company) pursue a court order against OHMG to carry out the remedial work by the end of the year.
During the initial hearing, a lawyer for the three plaintiffs announced that 31 separate allegations had been made against the building firm.
cladding and fire protection
The failings when constructing this apartment block concerning the cladding and fire protection"
James Turner of the O’Reilly Stewart law firm stated, “The failings are, we say, of O’Hare & McGovern when constructing this apartment block, the biggest one in the country, concerning the cladding and fire protection that the residents of this building have come to expect."
“This matter is extremely urgent as these works need to be completed.”
Failure of repairs
Turner claimed that the failure to carry out the necessary repairs would mean the building’s current insurance company would no longer provide cover. He stressed that this could result in a “cataclysmic event” in which residents would be turned out of their homes on 1 January 2023.
“If the court is with us and grants the relief of specific performance of O’Hare & McGovern’s duties to fix this building, then there’s a chance this court will not be listening to 233 owners with all the consequential losses of decanting, finding alternative accommodation, and having to tender for a contractor to come and fix,” Turner said.
new safety checks and regulations
Made up of over 230 apartments and offices, Belfast’s Obel Tower saw its construction completed in 2011. In the aftermath of the Grenfell Tower fire in 2017, the government imposed new safety checks and regulations, including the requirement of external wall safety (EWS1) surveys at high-rise buildings to ensure cladding has been properly assessed for fire risk.
Obel Tower was not issued an EWS1 certificate in 2021, as significant defects were identified. It is estimated that almost £1 million is needed to fix the cladding and fire protection issues at the building.
fire safety defects
There does not seem to be any defense being offered to the proposition that there are life-threatening defects"
Following the preliminary hearing in June, the court heard again on 16 September 2022 about the serious nature of the fire safety defects at the building.
Sean Brannigan KC, also of O’Reilly Stewart law firm, insisted, “There does not seem, on the face of it, to be any defense whatsoever being offered to the simple proposition that there are life-threatening defects in this development.”
Limitations
Mr. Justice Humphreys eventually ruled, “There is no basis to say that business common sense would prefer the limitation which OHMG seeks to impose. It makes entire commercial sense for DQL to be able to assign any right of action against OHMG under the contract to a party which is going to assume such obligations and potential liabilities.”
“The assignment was valid and effective and there is no basis to contend otherwise,” he added. A full hearing is expected later in the year.
